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ANALYTICAL STUDY OF MODERN TECHNIQUES

OF CRIME SCENE INVESTIGATION AND ITS


IMPACT ON TRAIL
By

Junaid Rasool

2019-mulmpl-cjs-011

Thesis submitted in partial fulfillment of the requirement for the degree of

M.Phil criminology and criminal justice system

School of criminology and criminal justice system

MINHAJ UNIVERSITY LAHORE


Abstract

The efforts of police force to stay one step ahead of people who actively elect to

violate regulations are section of a continuing and evolutionary process. When

you can find those who find themselves creating new methods to commit the

“perfect crime,” regulations enforcement community must respond and scour the

evidence put aside, irrespective of how obscure or limited it is, to get the

person(s) responsible for anyone crimes and bring them to justice. Crime scene

investigation is the forensic examination and search of a scene. It's a powerful

procedure that starts with the gathering of basic information, then undertaking

an unbiased assessment of the scene. The scene is documented using written

notes, photography, and video. Once physical, biological, and trace evidences

are recovered, fingerprint development and recovery can take place. As every

scene is exclusive, when photography and video recording are complete, the

sequence of recovery processes may vary according to the evidence location. In

Pakistan, local policemen aren't properly trained and equipped with the required

items necessary for systematic processing of crime scene including proper

identification and collection of evidence. Certain capacity building measures and

improvements must be needed for proper processing of crime scene in Pakistan.

This short article focuses the present situation and strategies being practiced in

Pakistan followed by recommendations for capacity building measures in this

field. Those folks who apply science and technology to the perfect solution is of

crimes have a duty to do our best for the criminal justice system we serve in the

interest of justice.
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1. Introduction

The application of science and technology plays a critical role in the

investigation and adjudication of crimes inside our criminal justice system. But

before science can be delivered to bear on evidence, it should be recognized

and collected in a suitable manner at crime scenes.

Webster's Dictionary defines evidence as something legally submitted to a

reliable Trier of fact as a means of ascertaining the reality of any alleged

matter under investigation. Police investigators handle evidence on a regular

basis. Their ability to acknowledge, collect, and use evidence in criminal

investigations determines to a big degree their success as investigators as well

as the end result of the case.

Evidence may be split into two broad types:

(1) Testimonial evidence

(2) Real or physical, evidence

Testimonial evidence is evidence given in the form of statements made under

oath, usually in a reaction to questioning. Physical evidence is almost any

evidence with an objective existence, that's, anything with size, shape, and

dimension.
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Physical evidence usually takes any form. It is often as large as a house or as

small as a fiber. It is often as fleeting as a scent or as obvious as the destructive

results at the scene of an explosion. Actually, the range of physical evidence

that could be encountered in an investigation is infinite. Physical evidence may

also be considered either direct evidence (evidence that supports a summary of

fact without inference) or circumstantial evidence (evidence that requires

inference to get in touch it to a summary of fact). What's the value of physical

evidence and why should police investigators concern themselves with an

understanding of the uses and ways to collect physical evidence?

Physical evidence can prove an offense has been committed or establish key

elements of a crime.

In addition to the “how-to” components of crime scene investigation, several

other conditions need to be discussed. This represents a philosophical method

of the subject and is highly recommended an integrated element of forensic

science and forensic identification. Forensic scientists, crime scene specialists,

and investigators are the individuals whose jobs apply science and technology

to the answer of criminal acts. They shoulder an important role in the criminal

justice system. Their skill and knowledge in the criminal investigation may

establish the innocence or guilt of a defendant. Professional ethics and integrity

are necessary to their effort. Many forensic specialists work for police agencies

which are in charge of the criminal investigation and/or the prosecution of

cases. Although some may argue that employment by police agencies provides
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the prospect of bias, in fact, it is the integrity of the professional and the

organization that's the deciding factor.

All forensic practitioners owe a duty to the truth. They might never be biased

for or against a suspect in a investigation. The forensic practitioner's sole

obligation would be to serve the aims of justice. It generates no difference

whether a defendant is ultimately found guilty of the crime or not. What's

important is that the forensic practitioner conducted the investigation in an

intensive, competent, and unbiased manner. Forensic practitioners have an

obligation not to overstate or understate scientific findings. As experts in the

criminal justice system, they're put in positions of authority and responsibility.

Because of their education, training, experience, and skills, their opinions on

technical matters often carry considerable weight and importance. For forensic

science practitioners to execute their function within the legal system properly,

they have to exercise independence and integrity. Stated simply, forensic

scientists can't be prejudiced for or against an investigation where they're

involved. Their job would be to champion their particular expert opinions

predicated on accepted, properly performed scientific inquiry. Forensic

scientists who understand their role in the criminal justice arena help to guard

individual rights and freedoms while ensuring that justice is delivered.

Objective of modern techniques of crime scene investigation are the following.

 Reconstructing of the incident.

 Determination the sequence of events.


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 Determination the method of committing crime.

 Disclosure of motives.

 Revealing what offender might do.

 Find real evidence if crime.

 Collect physical evidence.

 Discovery and documentation of all facts pertaining to the

complaint in questions.

 Identify and eliminate suspect as a result of collected physical

and testimony evidence.

 Maintain proper chain of custody to ensure that the collected

evidence is admissible in the court.

 Technology advance in evidence collection and preservation.


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2. Review of literature

Forensic evidence might be procured from a crime scene in order to assist in

criminal investigations. Forensic gathering and analysis of evidence may

include: blood spatter analysis, identification of biological fluids, trace

evidence, fingerprints, impressions, firearm and tool marks, analysis of

controlled substances and forensic analysis of documents. The fragmented

nature of, and wide array of disciplines within the forensic science community,

creates a big degree of variability in techniques and methodologies that can be

utilized (U.S. Department of Justice [USDOJ], 2009). Although there is

inconsistency involving the differing fields of forensic science and their

specifications per jurisdiction, all practices embrace empirical analysis to

discover truth through scientific facts (USDOJ, 2009). Regardless of the

qualifications and experience of trained criminalists and crime scene

technicians, the collection of forensic evidence is meticulous, evasive, and

primarily determined by the integrity of the crime scene and the skills of the

investigator. Evidence recovery from the crime scene is an essential step in the

process of forensic investigations. Physical evidence has got the potential to

play a vital role in the overall investigation and resolution of a suspected

criminal act. Evidence must certainly be found in a practical state and properly

preserved to ensure that that evidence to be looked at in court (Technical

Working Group on Crime Scene Investigation [TWGCSI], 2000). Inadequate

samples, or evidence in that the integrity has been compromised, are rendered

unusable, unsubstantial, and inadmissible in a court of law. Because of this, to


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be able to reduce steadily the destruction of forensic evidence at an offense

scene, technicians and police force officers have adapted procedural

guidelines. These guidelines usually differ between states and jurisdictions, but

all adhere to exactly the same fundamental scientific forensic principals and

have similar routine steps throughout the processes. The chaotic and

unorganized state of a recently committed crime makes it an arduous process

to ensure physical evidence is properly collected and submitted. To combat

this issue, police force officers and first responders are collectively trained to

check out an objective, thorough, and thoughtful method of crime scenes in

order that physical evidence might be preserved to be able to yield relative

information to aid in the investigation. Because it's impossible to propose a

single step-by-step procedure for the approach of each and every scene and

situation, fundamental principles of investigating a scene and preserving

almost any evidence retrieved have now been universally adopted and

implemented by police force (TWGCSI, 2000).

Forensic science has long made an essential contribution to criminal

investigation. Although its origins are not precisely known, the study of

forensics has played an essential role in the legal system and investigations a

long time before modern times. The using forensic practice has been witnessed

in documents as far back as 6th century Chinese literature, and noticed in 12th

century England with the instatement of coroners. The word forensic is defined

as: a disagreement or discussion employed for a legal matter in a court of law.


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Thus, forensic science is the applying of scientific theory in a judicial setting.

Because the terms first publication in 1659, forensic science has adapted and

progressed from methods including the Bertillon system of identification, to

the Galton-Henry system for fingerprint analysis, to provide day DNA

technology. Since the field of forensics is really deeply rooted in scientific

practice, it has evolved into a technology focused on the methodical gathering

and analysis of evidence (USDOJ, 2009). With one of these newfound methods

we have the ability to establish scientific facts and present them in a legal

proceeding. Forensic evidence is information generated by the prosecution or

defense that satisfies the requirements of state or federal rules of evidence

(James and Nordby, 2005).

Cesare Lombroso is known as the father of modern criminology, and

promulgated the idea of the “born criminal.” His studies concluded that

criminals could possibly be identified through criminal anthropology, which

uses how big is various body parts to find out a person's pre-disposition to

commit crime (Horn, 2003). Lombroso's hypothesis was later disproved, yet

his speculation that the “sinister countenance” could accurately determine a

man's guilt or innocence lasted into the 20th century.

Lombroso's research and publications were widely followed in the United

States, and helped to inspire the work of police proponents such as for instance

August Vollmer that finally succeeded in the introduction of science to


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criminal justice in the early 1920s. Forensic science and criminal justice

emerged throughout the 20th century, but because of the inadequate 22

education of early investigators, there clearly was a lack of appreciation for the

contribution forensic science could make to the adjudication process

(Schroeder, 1977).

A 2003 National Institute of Justice (NIJ) publication asserts that the rapidly

evolving scientific advances in all areas of forensics must be incorporated into

all aspects of practitioner education. It details areas where potential scientific

breakthroughs will impact the duties and responsibilities of crime scene

investigators. Advances in analytical toxicology, trace evidence, forensic

biology, firearms and tool mark examinations, fingerprint analysis, digital

evidence and forensic pathology can enhance the capabilities of investigators

who are trying to find physical evidence at the scene of a crime. Future

innovations include the likelihood of DNA chip technology which could

provide immediate DNA analysis at the crime scene by investigators who are

trained as forensic investigators (National Institute of Justice, 2003a).

Another scientific area identified by the NIJ report (2003a) as among the

fastest growing technologically-advancing fields in forensic science is the use

of Deoxyribonucleic Acid (DNA) analysis to identify individuals. The Institute

has discovered that in the last decade, DNA analysis has rapidly become

recognized as a highly effective tool that may (1) positively link a suspect to an
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offense scene (2) exonerate a person mistakenly-accused or convicted of

crimes and (3) identify missing persons or unidentified human remains when

sufficient biological evidence exists. Through the use of the Combined DNA

Index System (CODIS), evidence from various crime scenes may be linked.

CODIS also stores offender profiles from federal-, state-, and locally convicted

felons, and the two databases are designed for associating suspects to crime

scenes to which they could not previously been linked.

Current U.S. Department of Justice initiatives are funding DNA research at

unprecedented levels in an endeavor to ensure this technology reaches its full

potential to resolve crimes (NIJ, 2003a). A 2001 survey conducted by the

Bureau of Justice Statistics reveals that between 1997 and 2000, there clearly

was a 73% increase in DNA casework backlogs (Steadman, 2002).

Forensic evidence must certanly be identified, collected and preserved in a

manner that ensures its integrity and maintains its availability through the

entire criminal justice process. Recent advances include better methods for

examining smaller and more degraded DNA samples. The development of

mitochondrial DNA analysis, that is 31 ideal for investigating crimes such as

for example kidnapping and the discovery of skeletal remains where nuclear

DNA isn't present, can also be revolutionizing the capabilities of crime scene

investigators and forensic scientists in crime laboratories (National Institute of

Justice, 2003a).
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At present, as Pickering and Bachman (1996) explain, police officers recognize

the fact that an examination of a skeleton with a forensic anthropologist is the

only path positively to determine who, when, and what caused a death.

Pickering and Bachman (1996) maintain that forensic anthropologists are

specialists who are trained to observe both natural and artificial changes at the

crime scene related to soils, plants, and insect activity. Those crucial

observations can lead to the place and identification of critical evidence, thus

enhancing the investigation.


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3. Research Questions

1. How lack of modern techniques of crime scene investigation is hindering or

obstructing in providing of fare case or trail?

2. Why is these lacking of practical implementation of modern techniques of

crime investigation is Pakistan?

3. How is the lack of modern technique of crime investigation effecting in

articulate case or trail?

4. How in enhance modern technique of crime investigation of why is it

undeniable vital for criminal justice system?

5. What is minimal forensic knowledge that a modern day investigator must have

learnt to become a highly effective investigator?

6. What are the skills a modern day officer must achieve to respond to event and

investigate crime?
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4. Research Methodology

This chapter discuss qualitative and quantitative research method cover all

bases of modern investigation, paring mathematical principal with anecdotal

data.

The thought of investigative methodology found in crime investigations. The

investigative methodology is a variety of practices, procedures, processes,

routines, conventions and techniques by which police answer a crime. The

design, style and focus of law enforcement a reaction to someone incident are

constructed from numerous potential investigative strategies and tactics,

according for their predicted probability in enabling the crime to be solved.

Therefore, the investigative methodology implemented for a particular murder

may be said to truly have a situated rationality informed by some established

general principles of crime investigation work and the specific circumstances

of the offence. Running computer models, analyzing evidence and applying

technical and personality tools helps the criminalist understand the suspect

well enough to draw inferences, develop scenarios and case studies and test

evidence to solved cases.


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5. Reference

Berg, B. & Horgan, J. (1998) .Criminal investigation (3rd ed.). New York:

Glencoe/McGraw-Hill.

Levinson, J. &Almog, J. (1989) . The evidence technician: An Israeli

approach. Law and Order 37, 48 – 50

Lindquist, C. (1991). Forensic science education and the role of the forensic

science educator .In R. Lin & H. Chen (Eds.) Proceedings of the Taipei

symposium on forensic sciences (pp. 79-85) . Taoyaun, Taipei: Central

Police University Press.

National Institute of Justice (2003b) . Report to the Attorney General on delays

in forensic DNA analysis .United States Department of Justice , Washington,

DC: U.S. Government Printing Office.

Nickolls, L.C. (1956). The scientific investigation of crime . London:

Butterworth & Co. Ltd.


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Pezella, M. (1995) . DNA testing now standard in U.S. justice despite Simpson

acquittal .Biotechnology News watch .Oct. 16:1.

National Institute of Justice (2003b) . Report to the Attorney General on

delays in forensic DNA analysis .United States Department of Justice ,

Washington, DC: U.S. Government Printing Office.

National Institute of Justice (2003c ). Without a trace ? Advances in

detecting trace evidence .United States Department of Justice

(NCJ200907). Washington, DC: US Government Printing Office.

National Institute of Justice (2004) . Education and training in forensic

science: A guide for forensic science laboratories, educational

institutions, and students. United States Department of Justice.(NCJ

203099) . Washington, DC: US Government Printing Office.

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