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.pdfIn collecting any object of possible evidential value an officer should keep in mind the importance of the following:
1.The possibilities of fingerprints being found on it.
2.The chances of certain pieces of microscopic debris, such as hair, blood, paint, fibres, etc., adhering to it.
3.How that article should be removed, marked, packaged and transported.
Physical evidence is something that is concrete, something that can generally be measured, photographed, analyzed, and presented as a physical object in court. Circumstantial evidence is a specific circumstance. For example, a suspect might be accused of burglary, and the shoes he is wearing are proved to have made certain impressions found at the scene of a crime. The shoes and the imprint are physical evidence, while the fact that the suspect was wearing the shoes when arrested is circumstantial evidence. Someone else could have worn the shoes at the time the burglary was committed, therefore that type of evidence is circumstantial.
If there are witnesses, the investigators needs corroborative evidence; if there are no witnesses, the entire case must often be proved through physical evidence alone.
A lone piece of evidence, because of its great intrinsic value and the impossibility of being duplicated, may be sufficiently important to warrant a convictionfor example, a fingerprint. At other times it may be a combination of a number of articles of physical evidence, none of which are conclusive, that proves the case.
The intrinsic value of physical evidence often depends on its location. A hat on one’s head has little significance but if it is found beside a murder victim it might become of great importance. There is no such thing as a perfect crime, a crime that leaves no traces-there is only the inability to find the evidence.
When the investigating officer arrives at a crime scene it is necessary that he should first protect the scene and prevent anybody from touching any object.
The preliminary survey is to acquaint the investigating officer with the entire scene and its important details. After he has completed his preliminary survey the photographer may go to work. It is important that the investigator should accompany the photographer, pointing out various objects of possible evidential value. He should
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note possible location of latent prints (invisible prints), and guard against contamination of such objects and surfaces.
After the general scene has been completely photographed, the officer with casting equipment casts all possible imprints. If such are present, and then the fingerprint man should work on various objects. He should also note movable objects where fingerprints may be found, and should carefully remove them to a safe place for dusting and developing later.
As the fingerprint man completes his work, the investigator may go to work thoroughly searching the scene of possible evidential value.
As evidence is found, it should be marked, carefully packaged, each article separately, and placed in some locality where it will not be destroyed or contaminated, until it is transported to a laboratory.
Notes:
1)None of which areни один из которых
2)Conclusive (here:)- убедительный
Ex. 1. Find synonyms:
to look for, to analyze, a possibility, custody, latent, impressions, a picture, a dactyloscopic expert, to search for, an article, a criminal, a probability, to examine, imprints, a photograph, preservation, invisible, an item, a fingerprint man, a perpetrator.
Ex.2. Find the equivalents in the text:
Доказать дело, снять подозрение с подозреваемого, ценные вещественные доказательства, сделать слепок, косвенные улики, кража со взломом, убийство, подтверждающие доказательства, предварительный осмотр места происшествия, изъять предметы, уничтожить или загрязнить улики, осматривать место происшествия в целях нахождения отпечатков пальцев, жертва, доказывать дело лишь с помощью вещественных доказательств, оберегать место происшествия, закончить предварительный осмотр, отметить расположение отпечатков пальцев, дактилоскопист, обработать порошком, промаркировать улики, упаковать улики.
Ex.3. Give all possible word combinations:
Prints ( скрытые, видимые, невидимые, пластичные)
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Evidence ( вещественные, косвенные, прямые, подтверждающие)
Fingerprints ( найти, обработать порошком, проявить, подде-
лать)
Evidence ( искать, измерять, извлекать, разрушать, загрязнять)
The scene of the crime ( осматривать, охранять, фотографировать)
Ex.4. Complete the sentences using the words in brackets:
(circumstantial, value, a cast, examined, the preliminary survey, to clear, contamination, to prove, marked, fingerprints, gathering, removed, corroborative, to protect).
1.Physical evidence is of value only if it helps…a case or…a
suspect..
2.The first phase in handling physical evidence is…all potential evidence at the scene of a crime.
3.If a shoe imprint is found at the crime scene,…should be made and compared with the shoe.
4.…may be found on any object of possible evidential value.
5.No article should be moved or touched until it has been photographed and…for fingerprints.
6.If there are no witnesses, the investigator needs…evidence.
7.The first responsibility of an officer is…the crime scene.
8.The investigating officer should prevent…of objects which may bear fingerprints.
9.After being photographed objects where fingerprints may be found should be carefully…from the scene.
10.When the fingerprint man completes his work, the investigating officer should examine the scene for articles of possible evidential… .
11.All evidence found at the scene of a crime should be…and packaged carefully and transported to a laboratory.
12.The aim of…is to acquaint the investigator with the entire crime scene and its important details.
13.Besides physical and corroborative there is also…evidence.
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Ex.5. Read and say whether the following statements are true. If not so, correct them:
1.The investigator always knows whether or not an object has evidential value.
2.The investigator should handle objects at the scene of a crime with great care.
3.Objects from the crime scene should be removed and then photographed and examined.
4.Physical evidence is something that can be presented in court as a physical object.
5.Circumstantial evidence has no absolute evidential value.
6.A lone piece of evidence is always enough to prove a case.
7.Corroborative evidence is needed when there are no witnesses.
8.On arriving at a crime scene the officer should first remove objects of possible evidential value.
9.The investigating officer’s duty is to protect objects which may bear fingerprints.
10.The aim of the preliminary survey is to note the location of separate objects.
11.As articles of evidential value are found, they should be transported to a laboratory.
12.The investigator should prevent evidence from being contam-
inated.
Ex.6. Answer the questions on the text:
1. What are the most important phases of a criminal investiga-
tion?
2.Why should an officer keep in mind that any article on the crime scene should be handled with great care?
3.What does the term «chain of evidence» define?
4.What types of evidence do you know?
5.What is physical evidence?
6.In what way is circumstantial evidence different from physical evidence?
7.When is corroborative evidence very important?
8.What is the first responsibility of an officer at a crime scene?
9.What is the aim of preliminary investigation?
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10.How should the investigating officer conduct the examination of the crime scene?
11.What should be done with physical evidence found at a crime scene?
Ex. 7. Read the definitions and give the name of the corresponding actions or notions.
1.All articles found at the scene of a crime which help prove a case are called… .
2.The prints of the hands left by a criminal on objects which be touched during the commission of the crime are called… .
3.The process of observing the whole of the crime scene and nothing the location of its objects is called… .
4.The process of using special powder to develop latent prints is called… .
5.A person who can give information about the crime or the criminal a called a… .
6.An imprint left by the criminal which cannot be seen without special techniques is called… .
Ex. 8. Explain what is:
1)physical evidence;
2)circumstantial evidence;
3)corroborative evidence;
4)a fingerprint;
5)a latent print;
6)contamination of evidence;
7)the preliminary survey.
Ex. 9. Translate the sentences into English:
1.Следователь должен собрать все вещественные улики на месте преступления.
2.Во время предварительного осмотра следователь знакомится с местом происшествия и его деталями.
3.Цель вещественных улик – обеспечить доказывание.
4.Полицейский должен обеспечить сохранность места происшествия.
5.Каждый преступник оставляет следы.
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6.Предметы на месте преступления нельзя трогать, поскольку на них могут быть отпечатки пальцев.
7.Все предметы, на которых могут быть скрытые отпечатки следует осторожно изъять с места происшествия.
8.Если есть отпечатки обуви, с них следует сделать слепки.
9.Все вещественные улики, найденные на месте происшествия, должны быть промаркированы, упакованы и отправлены в лабораторию.
Supplementary Reading
Physical evidence
Real evidence, material evidence or physical evidence is any material object, that plays some actual role in the matter that gave rise to the litigation, introduced in a trial, intended to prove a fact in issue based on its demonstrable physical characteristics. Physical evidence can conceivably include all odd.
Examples include the written contract, the defective part or defective product, the murder weapon, the gloves used by an alleged murderer.
Trace evidence, such as fingerprints, glove prints and firearm residue, is also a type of real evidence. Real evidence is usually reported upon by an expert witness with appropriate qualifications to give an opinion. This normally means a forensic scientist or one qualified in forensic engineering.
In a murder trial for example (or a civil trial for assault), the physical evidence might include biological evidence such as DNA left by the attacker on the victim's body, the body itself, the weapon used, pieces of carpet spattered with blood, or casts of footprints or tire prints found at the scene of the crime.
Provenance
Admission of real evidence requires authentication, demonstration of relevance, and a showing that the object is in “the same or substantially the same condition” now as it was on the relevant date. An object of real evidence is authenticated through witness statements or by circumstantial evidence called the chain of custody.
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Physical and documentary evidence
Evidence that conveys in a different form the same information that would be conveyed by a piece of physical evidence is not itself physical evidence. For example, a diagram comparing a defective part to one that was properly made is documentary evidence—only the actual part, or a replica of the actual part, would be physical evidence. Similarly, a film of a murder taking place would not be physical evidence (unless it was introduced to show that the victims blood had splattered on the film), but documentary evidence (as with a written description of the event from an eyewitness).
What is “real evidence”? Is it the same thing as “physical evidence”?
The term “real evidence” describes any evidence that is a tangible object, as opposed or oral testimony or documentary evidence, which records information that is offered as evidence.
“Real evidence” is often used interchangeably with “physical evidence” to describe objects that are used to prove or disprove arguments in trial or at a hearing. Real evidence is used to prove a fact based on the characteristics of all or part of an object.
For instance, suppose that in a products liability case, the plaintiff was injured when the blade protector on the power saw she was using suddenly fell off, causing the saw to jump and severely injure the plaintiff’s arm. At trial, the plaintiff introduces the defective saw, with its now-detached plastic blade protector, into evidence in order to show the judge and the jury the actual defective saw that injured her. In this situation, the saw and blade protector are examples of real or physical evidence.
Physical evidence is also common in criminal cases, and it frequently shows up on popular TV crime shows. The alleged murder weapon may be admitted into court as a piece of real evidence, or another object may be admitted. The infamous blood-soaked glove that didn’t fit O.J. Simpson’s hand in his 1996 murder trial is another example of real or physical evidence.
Real evidence should not be confused with “documentary evidence.” Documentary evidence also involves physical objects, like written documents, cassette or CD recordings, and videotapes or DVD recordings. However, when evidence is “documentary,” these physical objects are only the carriers of the evidence – they are not the evi-
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dence itself. The actual evidence is the information recorded on the paper, tape, or disc.
One way to think about the difference between real evidence and documentary evidence is to ask, “If I changed the actual physical object, would it change the information I’m trying to show the jury?” If the answer is “yes,” the object is real evidence; if the answer is “no,” the object is documentary evidence.
For instance, suppose that in a criminal shoplifting case, the prosecution brings out two pieces of evidence. Exhibit A is a DVD movie in its box. Exhibit B is a DVD recording showing someone who looks like the defendant taking Exhibit A off a store shelf and hiding it under his coat. In this situation, Exhibit A is real evidence, because it is the actual tangible thing the defendant is accused of stealing. Exhibit B, however, is documentary evidence, because the DVD is merely the carrier for the video of the defendant stealing something.
If you changed Exhibit A to a VHS tape, you would no longer be showing the jury the object the defendant stole, but something else. If you moved the video on Exhibit B to a VHS tape, however, you could still show the jury the recording of the defendant stealing a DVD. Therefore, Exhibit A is real evidence, while Exhibit B is documentary evidence.
The line between real and documentary evidence is clearer in some cases than in others. Written contracts can be particularly confusing, because a breach of contract case may deal with both the existence of the contract and the information contained in it. In these situations, the contract itself may be both real evidence (because it shows that the contract exists) and documentary evidence (because it records the terms of the contract on its pages).
Luckily, the difference between real evidence and documentary evidence is not a concern in most cases. It most often comes up when one of the parties challenges the admission of the evidence under the best evidence rule. The best evidence rule requires that an original or a highly accurate copy of a document or other object be brought into court.
In best evidence rule arguments, sometimes documentary evidence is not enough; real evidence is necessary. For instance, in the shoplifting case above, suppose that instead of admitting Exhibit A (the DVD the defendant is accused of stealing) into evidence, the
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prosecutor decides to take a photograph of the DVD and admit that into evidence. The photograph is documentary evidence showing that the supposedly-stolen DVD exists, but the defendant might object on the grounds of the best evidence rule, because the photograph is not as accurate and
thorough a way to show the jury what was stolen as actually letting them see and handle the supposedly-stolen DVD would be.
Whether or not a best evidence rule objection can force a party to use real evidence instead of documentary evidence depends on the case. Sometimes, it is simply not realistic to use real evidence in court, even if it has not been destroyed through an accident or spoliation.
For instance, suppose that in a personal injury case, the plaintiff was injured when she was hit by some cables hanging off the side of a speeding locomotive. In this situation, photographs of the locomotive and the cables may be admissible. Even though the photos are documentary evidence and thus may not be as helpful as the locomotive itself, it would be so difficult to bring the actual locomotive into the courtroom that the photographs are deemed “good enough.”
Real evidence refers to evidence addressed directly to senses of the court or jury without interposing the testimony of witnesses other than as required in laying the basis for such evidence.
It is a type of physical evidence and consists of objects that were involved in a case or actually played a part in the incident or transaction in question. Thus, the use of physical objects before a jury falls into two categories: real evidence, and demonstrative evidence.
Real evidence involves the production of some object which had a direct part in the incident, and includes the exhibition of injured parts of the body. Demonstrative evidence, such as a model, map, photograph, X-ray, etc., is distinguished from real evidence in that it has no probative value in itself, but serves merely as a visual aid to the jury in comprehending the verbal testimony of a witness.
Real evidence is material, tangible evidence such as an object, a tape recording, a computer printout or a photograph. Real evidence does not usually stand alone. The court will normally hear evidence from a witness (often an expert witness) explaining the significance or the relevance of the real evidence.
Some examples of real evidence are covered in this document.
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Material objects
An example of a material object in a murder case is the murder weapon. This is a piece of real evidence, which can be introduced in court. Sometimes, it may be impossible to produce a material object at the trial because it has been destroyed or lost. Photographs, replicas or the oral evidence of someone who has seen the object may be admissible instead. Sometimes, if the material object cannot be shown in court a 'view' or an out-of-court inspection may be carried out.
Photographs
Since 1864, photographs have been admissible in evidence. Photographs can be introduced as evidence of what they depict. For example, in a murder trial, photographs may be introduced as evidence of the position and state that the deceased's body was in when it was found.
In order for a photograph to be admitted in evidence, it is first necessary to prove its authenticity. The photographer must prove that he or she took the photograph and the person who has processed the photograph must also give a statement that the photograph is untouched.
For a photograph to be admitted in evidence, the person who took the photograph does not need to be a professional photographer. For example, in a civil case, photographs that you have taken of damage done to your car in a road traffic accident will be admissible (as long as you are available to give evidence in court about when and how you took them).
Video recordings
Increasingly, incidents or crimes are being captured and recorded on video or CCTV (Closed Circuit Television) recorders. Such recordings are accepted by the courts in Ireland as being real evidence. Indeed, where evidence of a crime is caught on a street or shop camera, there is a duty on the Gardaí to seize and retain the recording for a reasonable time, even if they do not intend to use the recording as part of the prosecution case.
In order to use video/tape recordings as evidence, the prosecution must prove that the tape or video recording is authentic or genuine. The prosecution must explain how and why the recording was made and who had control of the recording afterwards.
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