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LESSON 1: Introduction, Role of Chemists in crime detection, kinds and

forms of evidence, kinds of witnesses.

INTRODUCTION TO FORENSIC CHEMISTRY


Forensic Chemistry - that branch of Chemistry which deals with the application of chemical principles in the
solution of problems that arise in connection with the administration of justice. It is chemistry applied in the
elucidation of legal problems and used in the courts of law.

Forensic Chemist - is one who practices Forensic Chemistry.

Scope of Forensic Chemistry:

1. The study includes the chemical side of criminal investigation


2. It includes the analyses of any material the quality of which may give rise to legal
proceedings.
3. It is not limited to purely chemical questions involved in legal proceedings
4. It comes with other branches of forensic sciences as forensic medicine, ballistics, questioned
documents, dactyloscopy and photography.

Evidence - is a proof of allegation. It is a means, sanctioned by law, of ascertaining in a judicial proceeding the
truth respecting a matter of fact.

Scientific evidence - may be defined as a means, sanctioned by law, of ascertaining in a judicial proceeding the
truth respecting a matter of fact wherein scientific knowledge is necessary.

Physical evidence - any article or material found in connection with an investigation and which aid in
establishing the identity of the perpetrator or circumstances under which the crime was committed. It
encompasses any and all objects that can establish that a crime has been committed. It can provide a link between
a crime and its victim or a crime and its perpetrator.

Evidence may be:

1. Direct evidence - is simply that which the senses perceive. Any fact to which a
witness testifies based on what he saw, heard, smelled, touched or tasted.
2. Indirect evidence (which includes circumstantial evidence)
- Is a kind of evidence which seeks to establish a conclusion by inferences from proved
facts.
- Is sufficient to prove conviction if there is more than one circumstance; the facts
from which the inferences are derived are proven; and the combination of all the
circumstances is such as to produce conviction beyond reasonable doubt.
3. Hearsay evidence - is a statement made by a witness on the authority of another and
not from his own personal knowledge or observation. This is inadmissible in court
except with certain well-defined exceptions. Some common exceptions to the rules of
exclusion generally applicable to hearsay evidences are declarations against interest,
dying declarations, public records and statements made at a prior time.
Forms of Scientific Evidence:

1. Real or autoptic evidence – this is evidence which is addressed to the senses of the court. It
is not limited to that which can be known by the sense of vision but extends to those which
are perceived by the senses of hearing, taste, smell or touch.
2. Testimonial evidence – an expert may be placed on the witness stand and answer all
questions to be propounded by both parties in the case.
3. Experimental evidence – an expert witness may be required to perform certain experiments
to prove a certain matter of fact. The court, however, in its own discretion may or may not
allow this kind of evidence.
4. Documentary evidence – any written evidence presented by an expert in court which is
relevant to the subject matter in dispute and not excluded by the Rules of Court. Formal
written report, expert opinion, certificates and depositions are included in this group.

WITNESS -is one who testifies in court and has personal knowledge or experience of something. He may be a
person other than a suspect who is requested to give information concerning an incident or person. A witness may
be a victim, a complainant, an accuser, a source of information and/or observer of an occurrence.

A witness in court may be an ordinary witness or an expert witness.

An ordinary witness must:

1. have the organ and power to perceive

2. the perception gathered by his organ of sense can be imparted to others.

An expert witness is one whose opinion regarding a question of science, art or trade, where he is skilled therein,
may be received as evidence.

Differences between an ordinary and expert witness:

1. An ordinary witness can only state what his senses have perceived; while an expert witness may state
what he has perceived and also give his opinion, deductions or conclusions to his perception;
2. An ordinary witness may not be skilled on the line he is testifying; while an expert witness must be
skilled in the art, science or trade he is testifying;
3. An ordinary witness cannot testify on things or facts he has not perceived except those provided for by
law; while an expert witness may testify on things which he has not seen by giving his opinion,
deductions or conclusions on the statements of facts.

In the practice of forensic chemistry, the work of the forensic chemist is divided into four stages:

1. Collection or reception of the specimen to be examined


2. The actual examination
3. The communication of results of the examination, and
4. Court appearance.
COLLECTION OR RECEPTION OF THE SPECIMEN TO BE EXAMINED – is most important that
whenever possible the chemist should collect all specimens necessary for the examination. Furthermore, the
collection, preservation and transportation of specimens are very essential in the investigation of a crime. If the
investigators are given this delicate task, they must be guided by the following:

1. Standard for comparison which are known or genuine samples must be submitted with specimen in
question;
2. Maintenance of individuality – individual evidence must be collected and preserved as a separate
sample. A known and unknown specimen must not me mixed or intermingled.
3. Labeling and sealing -- evidence will have no value in court unless it can be identified with the proper
label and sealed for the possibility of tampering to be excluded.

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