Unit

Unit Two
Two
The
The use
use of
of physical
physical evidence
evidence
in
in crime
crime investigation
investigation
Time allocated: 8:00 Hrs
Keynote speech:1:00Hr
 Objectives

• At the end of this unit the students will be able

to:
– Delineate evidence and their specific
characteristics
– Describe the general features of physical
evidences
– Illustrate the role and importance of physical
evidences in crime scene investigation
specifically and crime investigation generally
 Definition of Evidence
• Evidence is defined as
– Any spices of proof, or probative matter legally
presented at the trial of an issue, by the act of
parties and through the medium of witnesses,
records documents, exhibits, concrete objects,
etc. for the purpose of inducing the mind of the
court as to their contention.
– It can also be defined as all the information
presented to the court in order to enable it to
settle a factual dispute so that it includes the
written and oral statements by witness as well as
objects submitted for inspection.
 Characteristics of evidence
• Relevancy- to be admissible, evidence must be
relevant that is, it must have some probative
value.
• Materiality- to be admissible also evidence must
not be only relevant but also material; that is the
evidence must relate to the central issue of
proceeding.
• Admissibility- not every items of evidence
developed in an investigation may present to a
court.
 General feature of physical evidence
• There is a possibility that the perpetrator will leave or
remove something to or from the scene of crime.
• Physical evidences are defined as articles and materials
which are
– found in connection with an investigation and
– which aid in establishing the identity of the perpetrator
or the circumstances under which the crime was
committed
• Physical evidence includes almost any object, substance,
trace or impression.
• It is a matter of things rather than people.
 General feature cont…
• Anything that could indicate that a crime has been
committed or
• which could point to the identification, detection or
association of a criminal are termed as a physical
evidence.
• The crime scene is the primary source of physical
evidence.
• Physical evidences found on the scene in the manner of:
– Physical evidence on the person of the criminal which
can positively connect him/her with the crime scene.
– Physical evidence left behind on the scene by a
criminal or suspect
 General feature cont…
• Physical evidence has the following value.
– Identify the perpetrator
– Connect the perpetrator with crime scene or
victim
– Prove an element of crime
– Indicate the associative link on crime or event with
the other
– Provide the investigator with general background
information or clue of crime
– Confirm or refuse the veracity of statement made
by the witness
 General feature cont…
• Physical evidence is factual information. it
cannot be incorrect, false or totally absent.
• Its value can be diminished by man during
incorrect detection, interpretation and analysis,
• It is only during the interpretation there of that
incorrect assumption can be made and
• it is the fallibility of man in the detection and
analysis there of that can diminish its value.
 Classification of Evidences
• Can be classified into two broad categories of Direct and Indirect
evidences.
• Direct evidences are indicatives of people’s real sensory experience of
the relevant crime situation.
• Direct or original information is an actual sense of observation or
experience described in words by the witnesses.
• It includes
– victims and complainants,
– witnesses directly involved in the events,
– persons involved in the events in question, but not present when
they occurred or
– person who are simply source of information, accomplices or
suspects, etc.
 Classification cont…
• Indirect Evidences, is physical clues which reveal
the circumstance of the events
• It consists of all solid and liquid materials which
could establish an associative relationship
between a person, objects and the crime or the
victim.
• These evidences include:
– evidences left behind at the crime scene by
criminal and
– evidences transferred from scene of crime to
the criminal.
 Classification cont…
• Some scholars classified evidence in form and type.
• In forms it includes
– Real evidence is often referred to as physical evidences
and consists of tangible objects that the court can see,
– Documentary evidence is sometimes referred to as
‘writing’ and is similar to real evidence.
– Testimonial evidence is oral testimony provided by
witnesses to a crime.
– Judicial notice is evidence of facts that are common
knowledge. Judicial notice are facts that are known to
court and to them and the public,
 Classification cont…
• In types includes :
– Direct evidence is evidence that is directly provides a
fact in issue. For example, eyewitness testimony
– Circumstantial evidence is on other hand indirectly
proves the fact in issue. Fingerprints found at a crime
scene are circumstantial evidence.
– Cumulative evidence is additional evidence on issue
that have already been proven by direct or
circumstantial evidence.
– Corroborative evidence is offered to support other
direct or circumstantial evidence by showing the
reliability of sources.
 Classification of physical evidence
• Corpus delicti evidence- (Latin: "body of
crime“)
• Associative evidence- this type of evidence
links the suspect to crime scene or the victim
or connects the scene or victim to the suspect.
• Tracing evidence- these are articles which
assist the investigator in locating the suspect.
The corpus delicti or associative evidence may
also serve this purpose.
 Characteristics of physical evidence
• It can usually be measured, photographed,
analyzed and presented in court as physical
object.
• It is factual information. It cannot be incorrect
false or totally absence.
• It cannot lie or quite or forget or not confused by
the excitement of the moment.
• It can never be intrinsically wrong.
• it is often described as mute or circumstantial
evidence.
 Significance of physical evidence
• Identification
• Comparison
• Physical evidence may have two identification
characteristics. These are:
– Individual characteristic
– Class characteristics
• A comparison means an analysis subject a suspect
specimen (Unknown) and a control specimen (known)
• The analysis result produced after examination of cases is
of three types:
– Yes, it is identical (what is suspected to be)
– No, it is not identical
– It can't be identified
Thanks!