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 At the end of this session, you should be able to

demonstrates procedural skills in handling evidence:
 Types of evidence
 Rules of evidence
 Decision making process – inductive & deductive reasoning.
 Evidence handling procedures.
1  Custodial procedures for evidence.
 Evidence in court proceedings.
 Case study – decision making process

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 What? Evidence
 Includes everything that is used to determine or demonstrate the truth of an assertion.

 Why Collect evidence?

 Establish or prove that a crime has been committed and/or link a crime to its victim or
perpetrator Direct Circumstantial

 Process?
 Chain of Custody
 The process which reports transactions of evidence from person to person, starting with its
acquisition by a law enforcement agency. Physical Biological

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CIRCUMSTANTIAL EVIDENCE
Direct evidence Circumstantial Evidence Physical Evidence Biological Evidences

 First-hand observations such as
eyewitness accounts or police
dashboard video cameras.
 For example, a witness states that
she saw a defendant pointing a gun
at a victim during a robbery.
 In court, direct evidence involves
testimony by a witness about what
that witness personally saw, heard,
or did.
 Confessions are also considered
direct evidence.
 Indirect evidence that can be used to
imply a fact but that does not directly
prove it.
 No one, other than the suspect and
victim, actually sees when circumstantial
evidence is left at the crime scene.
 But circumstantial evidence found at a
crime scene may provide a link between
a crime scene and a suspect.
 For example, finding a suspect’s gun at
the site of a shooting is circumstantial
evidence of the suspect’s presence there. 5
 Includes impressions such as  Includes body fluids, hair, plant parts,
fingerprints, footprints, shoeprints, and natural fibers.
footwear impression, tire
 Biological evidence may make the
impressions, documents and tool
group of suspects very small, or
marks; fibers, weapons, bullets, and
shell casings. reduce it to a likely individual, which
is more persuasive in court.
 Most physical evidence, with the
exception of fingerprints, reduces the
number of suspects to a specific,
smaller group of individuals.
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EXAMPLE OF TRACE EVIDENCES

Evidence
1. Animal or human hair (E.g.: hair found on a brush)
2. Fingerprints (E.g.: fingerprints on a glass)
3. Soil or plant material (pollen) (E.g.: soil tracked into a house from shoes).
4. Body fluids such as mucus, semen, saliva, or blood (E.g.: blood drops on a shirt). Class Individual
5. Fiber or debris from clothing.
6. Paint chips, broken glass, or chemicals such as drugs or explosives.  Narrows an identity to a group of persons  Narrows an identity to a single person or
or things. thing.
 Knowing the ABO blood type of a sample  Individual evidence typically has such a
of blood from a crime scene tells us that unique combination of characteristics
one of many persons with that blood type that it could only belong to one person or
may have been there. thing, such as a fingerprint.
 It also allows us to exclude anyone with a
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Describe the class and individual characteristics of fingerprint.
 A set of regulations that act as guidelines for judges, attorneys and law
enforcement personnel who are involved in the trials of cases.
 Assist in determining how the trial is to be conducted:
 Which person may be witnesses
 The matters about which they can testify
 The method by which articles at a crime scene can be introduced into a trial
 What is admissible and what not.

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 Rules of evidence includes: 5. Judicial notice: Concept that certain kinds of facts do not need to be proved
1. Materiality: whether or not the evidence presented is significant and important to by formal presentation of evidence because the court is authorized to
the outcome of the case. recognize their existence without proof (historical, geographical facts, a state’s
own law, etc).
2. Relevance: Whether or not the evidence will assist in proving or disproving a
particular point that the jury should consider in determining the defendant’s guilt 6. Opinion notice: Not admissible in a trial, witnesses may testify only to facts,
or innocence. not to their opinions based on the facts.

3. Competency: Evidence that is admissible, in contrast with evidence that is not. 7. Hearsay rule: Evidence proceeds not from the personal knowledge of the
E.g.: A confession may shed light on the facts of a case, yet because of some irregularity in witness but has been told to a witness by someone else, meaning it relies on
obtaining it, the judge may rule that it is not admissible (it has no competency). the veracity or competency of the other person.

4. Presumptions: Deductions in law that may be made from certain sets of facts.
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Pre-Crime Stage
• Occurs when evidence of preparation or
planning can be found during the
investigation.
• It can include notes, research, drawings,
crime supplies or pre-crime contact with
the victim or accomplices.
• Sometimes items of pre-crime origin, such
as hair and fiber, will be later discovered at
the crime scene creating an opportunity to
link the suspect back to the crime
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Criminal Event Stage
• When the most interaction takes place
between the criminal and the victim, or the
criminal and the crime scene.
• During these interactions, the best
possibilities for evidence transfer occur.
• Even the most careful criminals have been
known to leave behind some trace of their
identity in the form of fingerprints, shoe
prints, glove prints, tire marks, tool
impressions, shell casings, hair or fiber, or
DNA.
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 One of the big dilemmas in crime scene management is determining where the
criminal event happened or where the event extended to.
 Making these determinations provides the investigator with the locations where
evidence of the crime may be found.
 These are the pre-crime stage, the criminal event stage, and the post-crime stage.
 There could be other locations outside the immediately crime scene area where criminal
activities might have also taken place and evidence might be found.
 The point to remember about the originating stages of evidence is that each of these stages
provides possibilities for collecting evidence that could connect the suspect to the crime.
 When considering theory development or making an investigative plan, each of these
stages of the criminal event should be considered.
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 If the clue materials are properly collected, correctly preserved and sent to the
laboratory for evaluation and their integrity and authenticity remain
unquestionable, they can be strong evidence for the proof against the culprit.
Post-Crime Stage
• Occurs when the suspect is departing the
 Authenticity of evidentiary clues, collected from the resources, must be proved
crime scene. beyond reasonable doubt.
• When leaving the crime scene, suspects
have been known to cast off items of
evidence that can be recovered and
examined to establish their identity. This
post-crime period is also the stage where
the suspect becomes concerned with
cleaning up the scene.
• As much as a suspect may attempt to clean
up, evidence transfers from the crime
scene are often overlooked. These can
range from hair and fiber on clothing to
shards of glass on shoes.
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 Paper Envelops/cardboard boxes 1. Securing the scene

 Plastic zip lock bags 2. Separating the witnesses
 Disposable pipettes 3. Scanning the scene
 Labels and markers
4. Seeing the scene
 Evidence tape
5. Sketching the scene
 Blood collection kits
6. Searching for evidence
 Fingerprint kits
7. Securing and collecting evidence
 Rape kits and GSR kits
 Gun boxes and knife boxes
 Eye-dropper and bottles

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1. Purpose: 5. Liquids and arson remains are stored in airtight, unbreakable containers.
 To protect crime scene
 To keep pertinent evidence uncontaminated until it can be recorded and collected.
6. Any items, which may cross contaminate each other, must be pack
separately.
2. Particular attention should be paid to the floor since this is the most common
repository for evidence and poses greatest potential for contamination.
7. Moist biological evidence is stored in breathable containers so the
3. All evidence needs to be properly packaged, sealed, and labelled. evidence can dry out.
 Under no circumstances should evidence containing moisture be packaged in
plastic or containers for more than 2 hours.
4. Specific procedures and techniques for evidence collection and storage must be  Moisture allows the growth of microorganisms, which can destroy or alter
followed. evidence.
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8. After the evidence is allowed to air dry, it is packaged in a paper

11. Containers should be closed and secured to prevent mixture of evidence
bindle. The bindle (or druggist’s fold) can then be placed in a during transportation.
plastic or paper container.

12. Value of evidence should be kept in mind by the investigator when doing
9. This outer container is then sealed with tape and labelled with the the crime scene investigation.
signature of the collector written across the tape.  Eg. Investigating a crime, I.O. should spend more time on collecting good
fingerprints than trying to find fibers left by a suspect’s clothing.

10. An evidence log and a chain of custody document must be

attached to the evidence container.
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1. The size of the bindle depends on the size of the evidence.

a. If the evidence is small, the bindle can be constructed from a sheet of paper.
1. Choose the appropriate-size sheet of clean paper for the bindle.
b. If the evidence is large, the bindle might be constructed from a large sheet of wrapping paper.

2. Crease the paper as shown in the figure.

2. If a wet object to be packaged is large, it should be placed in a paper container and
sealed to allow it to air dry. 3. Place evidence in the X location.
a. Wet evidence should never be packaged in a plastic container while wet.
b. Any DNA present will degenerate and evidence may become mouldy and useless. 4. Fold left and right sides in.

3. There are standards for collecting different types of evidence that describe how to 5. Fold in top and bottom.
collect and store the evidence.
6. Insert the top flap into the bottom flap then tape closed.

4. Control samples must also be obtained from the victim for the purpose of exclusion. 7. Place bindle inside a plastic or paper evidence bag. Fold the bag closed.
For example:
 Blood samples found on a victim or at a crime scene are compared with the victim’s blood. 8. Place a seal over the folded edge of the evidence bag.
 If they match, the samples are excluded from further study.
 If the blood samples do not match, then they may have come from the perpetrator and will be further 9. Have the collector write his or her name over the folded edge.
examined.
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PACKAGING TECHNIQUES

a. Placement of evidence
b. Allow evidence to dry c. Place dried evidence d. Fold bindle. Tuck the top
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on bindle paper flap into the bottom. 1. Physical evidence can be transient or time sensitive.

2. Physical evidence can be concealed and may not be easily visible.

3. The immediate value of an item may not be visible at first glance.

4. The size or nature of an item of evidence may make it impossible to seize or

preserve.
f. Place evidence in a plastic bag
with an inserted evidence label. 5. The collection of certain evidence can cause cross-contamination to other
(Note that this is a different g. Seal and tape the edge of exhibits.
e. Secure bindle in labelled h. Write the collector’s
evidence source than the bloody the baggie.
evidence bag using stick-on signature across the baggie’s
cloth above)
label. taped edge.
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1. Physical evidence can be transient
or time sensitive.
• As part of the big picture search in the first
instance, the investigator must be conscious of
physical evidence that needs to be immediately
recorded and documented.
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3. The immediate value of an item
may not be visible at first glance.
• Use of black light can reveal body fluid or stains,
and latent fingerprints can become visible after
fuming or the application of special powder.
• In most major criminal cases, forensic specialists
will be available to assist in conducting the detailed
crime scene search.
• Every investigator must be proficient in
recognizing when to utilise of these forensic tools.
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2. Physical evidence can be
concealed and may not be easily
visible.
• Doors and windows: open, locked, or unlock - time
and means of entry or exit from the scene
• Condition of room lighting: turned on or off - the
time of the crime
• Status of appliances in use - certain activities
• Last activation of electronic devices - timelines of
activity
• Ambient crime scene temperature and body
temperature - time of death
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4. The size or nature of an item of
evidence may make it impossible to
seize or preserve.
• Some exhibits are too big to be physically seized
and brought to court – crime scene.
• Some exhibits are perishable and impractical to
seize and preserve for court – dead body.
• Some exhibits are transient in nature and cannot be
permanently seized and preserved for court -
ambient room temperature.
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5. The collection of certain evidence

can cause cross-contamination to
other exhibits.
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• DNA analysis is now so advanced that even a small
trace of DNA material can be transferred by the
careless or inadvertent handling of one exhibit to
the next.
• This cross-contamination can be avoided by the
practice of handling only one exhibit at a time,
marking that exhibit, placing into a secure
container, and decontaminating the investigator by
changing gloves and discarding any item could
have come into contact with the previous exhibit.

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1. Collected items should be mark/label . 6. The property tag should indicate:

a. The title of the case
2. The mark should be permanent and positive for identification. b. The officer’s name or initials
3. The mark should not be placed on area that might need to be c. Date and time
examined in the lab. d. Specific location where the evidence was found
e. The case number
4. Evidence that cannot be physically mark e.g liquids, should be
placed in an appropriate container. 7. It is preferable to have another investigator to be present at the time the
evidence was found, and the name of this investigator should be recorded on
5. The container should be sealed and identified with proper label or evidence log.
property tag.

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The evidence log should contain all pertinent

1. Shows an assigned number for each exhibit that is identified and seized.
information, including
1. Case number
 Where at the scene the exhibit was located
2. Item inventory number
 The number of that exhibit is place in the corresponding location in the crime scene diagram
3. Description of the evidence
 Who seized the exhibit
 When it was turned over to the exhibit custodian
4. Name of suspect
 Time and date when the exhibit was placed into the main secure exhibit storage locker.
5. Name of victim
6. Date and time of recovery
7. Signature of person recovering the evidence
2. When the exhibits are taken to court, the court will only accept the exhibits if the secured
chain of continuity can be shown to be guarded and unbroken. 8. Signature of any witnesses present during
collection

3. If an exhibit custodian were to stop and leave the exhibits unguarded in a vehicle or left
the exhibit in the office while attending to another matter – that would break the chain of
continuity.

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 Deductive reasoning skills are useful in scientific investigations.

 Deductive reasoning applies broad principles to predict specific answers.
39  For example, the broad principles of human genetics can be applied to DNA analysis, usually
yielding very reliable results.

 Inductive reasoning is the counterpart of deductive reasoning. It relies on a series

of specific pieces of information to extrapolate a broad conclusion.
 Forensic scientists might use inductive reasoning to determine where in the house a fire started, or
what the bloodstain pattern at a murder scene might reveal.
 Of course, the physical evidence never depicts all the events that happened in space and time, so
inductive reasoning carries a greater level of uncertainty.
 The inferences and results are based on limited information rather than a more solid scientific
principle. But it’s useful in resolving problems where no broad principle can be applied.

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 IO is personally responsible for the safe custody of all exhibits found in connection
with the investigation.
41  All exhibits should be listed in IO’s notebook.
 List of exhibits should be reproduced in investigation department.
 Specific details should be recorded.
 Important documentary evidence should not be enclosed in IP, only their copies to
be enclosed and original to be retained in custody of IO pending production in
court.
 IO is responsible for collection of exhibits sent to expert for analysis.

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 Chain of custody (CoC), is the movement and location of physical evidence from  Chain of custody is important to ensure the success of
the time it is obtained until the time it is presented in court. the case in the court of law.
 Definition (legal contexts): refers to the chronological documentation or paper trail,  Chain of custody involves the following procedures:
showing the seizure, custody, control, transfer, analysis, and disposition of physical  Labeling system (seal)
or electronic evidence.
 Packaging procedures
 Purpose:
 To prove the chain of custody, and ultimately show that the evidence has remained intact.  Evidence management documentation

 To prove that the evidence offered in court is the same evidence they collected or  Log book/record(ID IO)
received.
 To prove that the time and date the evidence was received or transferred to another
provider.
 To prove that there was no tampering with the item while it was in custody.

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Officer that collects the

evidence

IO Officer in charge 46

Chemist/Forensic
(Jabatan Kimia & Makmal Forensik)

Exhibit Storage Court

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 Crime scene reconstruction is the process of determining or eliminating the events 1. Recognize relevant physical evidence
and actions that occurred at the crime scene through;
 Analysis of the crime scene pattern
2. Examine evidence to determine it can be tested in crime lab
 location and position of the physical evidence
 the laboratory examination of the physical evidence. 3. Collect evidence with care in lawful manner based on SOP.
 Importance:
 To evaluate the context of a scene and the physical evidence found there to identify what occurred
4. Careful handling of evidence
and in what order it occurred.
 To determine the actual course of a crime by limiting the possibilities that resulted in the crime scene 5. Record where and by whom evidence was located
or the physical evidence as encountered.
6. Carefully transport evidence to lab
“Reconstructing the crime is one major reason for maintaining the integrity of a crime scene”
7. Maintain integrity chain of custody from lab to court

8. Present and explain evidence in court

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 Release the crime scene only after completion of the final survey. 1. Select a type of evidence for your
group:
 Documentation should be made of: a. Trace evidence
 time/date of release  Gunshot residue, glass, illicit drug, paint,
 to whom released chemical
b. Biological evidence
 by whom released 2. Describe about the selected
 Blood, semen, saliva, vomit
evidence.
 Only the person-in-charge should have the authority to release the scene c. Fingerprint
 Visible, moulded, latent 3. Explain where these evidences
 Release the scene with the notion that there is only one chance to perform the job d. Hair / Fiber could be found.
correctly and completely. Release then occurs once personnel are satisfied this is e. Footwear impression / tool mark 4. List the equipment needed to collect
the situation. f. Firearm / Weapon these evidences.
g. Document 5. Explain the procedure to collect and
package these evidences.
6. Due date:
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