Difference between revisions of "Forensic Evidence"

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FORENSICS AND CRIME SCENE INVESTIGATION
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==Defender Strategies When Confronted With “Scientific” Evidence==
 
==Defender Strategies When Confronted With “Scientific” Evidence==
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''The history of forensic science dates back to as early as the 7th century, when China used fingerprints to identify documents and clay sculptures.  Subsequently, in 1248 A.D. a groundbreaking Chinese book, Xi Yuan Ji Lu  (洗冤集錄, translated into English as the Washing Away of Wrongs), described various physical differences between the bodies of people who died from natural or unnatural causes, specifically, how to tell the difference between a person who has drowned and a person who has been strangled; it is the first recorded application of medical knowledge as a legal tool to solve crimes.  The book represented a significant advance in the field of forensic science, and offers advice that is still useful today.''
 
''The history of forensic science dates back to as early as the 7th century, when China used fingerprints to identify documents and clay sculptures.  Subsequently, in 1248 A.D. a groundbreaking Chinese book, Xi Yuan Ji Lu  (洗冤集錄, translated into English as the Washing Away of Wrongs), described various physical differences between the bodies of people who died from natural or unnatural causes, specifically, how to tell the difference between a person who has drowned and a person who has been strangled; it is the first recorded application of medical knowledge as a legal tool to solve crimes.  The book represented a significant advance in the field of forensic science, and offers advice that is still useful today.''
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A criminal defender can be confronted with many different types of evidence when defending a case: sometimes the evidence comes from people: incriminating statements/ confession from the client, statements by witnesses, victims, etc.  You may also be confronted with physical (or material) evidence: tangible evidence (as a weapon, document, or visible injury), as well as the results of scientific tests or evaluations performed on that physical evidence.  It is this type of scientific evidence that is the focus of this discussion.
 
A criminal defender can be confronted with many different types of evidence when defending a case: sometimes the evidence comes from people: incriminating statements/ confession from the client, statements by witnesses, victims, etc.  You may also be confronted with physical (or material) evidence: tangible evidence (as a weapon, document, or visible injury), as well as the results of scientific tests or evaluations performed on that physical evidence.  It is this type of scientific evidence that is the focus of this discussion.
 
==OVERVIEW==
 
==OVERVIEW==

Revision as of 13:56, 10 May 2011

Defender Strategies When Confronted With “Scientific” Evidence

The history of forensic science dates back to as early as the 7th century, when China used fingerprints to identify documents and clay sculptures. Subsequently, in 1248 A.D. a groundbreaking Chinese book, Xi Yuan Ji Lu (洗冤集錄, translated into English as the Washing Away of Wrongs), described various physical differences between the bodies of people who died from natural or unnatural causes, specifically, how to tell the difference between a person who has drowned and a person who has been strangled; it is the first recorded application of medical knowledge as a legal tool to solve crimes. The book represented a significant advance in the field of forensic science, and offers advice that is still useful today.

A criminal defender can be confronted with many different types of evidence when defending a case: sometimes the evidence comes from people: incriminating statements/ confession from the client, statements by witnesses, victims, etc. You may also be confronted with physical (or material) evidence: tangible evidence (as a weapon, document, or visible injury), as well as the results of scientific tests or evaluations performed on that physical evidence. It is this type of scientific evidence that is the focus of this discussion.

OVERVIEW

In many criminal cases, science and technology can be useful in determining the facts and, subsequently, the truth about what occurred. The result of scientific research, tests and analysis can often be the difference between acquittal and a conviction in a court of law.

Forensics is the use of science and technology to investigate and establish facts in a court of law. In preparing for trial, defense counsel must investigate not only the statements of witnesses, documentary evidence and the statements of his client, but the presence or absence of physical evidence. Any physical evidence must then be evaluated to determine its relevance to the case. Physical evidence may be anything tangible: evidence so small that a microscope is needed to see it, or as large as a truck. It may be as subtle as traces of gas at a suspected arson or as obvious as a pool of blood at a homicide scene. There is an enormous range of potential material which qualifies: hair, fibers, blood, fingerprints, seminal and body fluid stains, alcohol, drugs, paint, glass, soil, flammables, tool markings, weapons and foot prints.

Forensic science is merely the application of a broad spectrum of sciences to answer questions of interest to the legal system. It is a multidisciplinary subject, drawing principally from chemistry and biology, but also from physics, geology, psychology, social science, etc.

Forensic evidence can be strong evidence of your client’s guilt or innocence in a criminal case, often the most powerful evidence of all. After all, victims and witnesses can be mistaken, or lying. They may have a bias against you client and want to see him harmed. And we know confessions can be obtained even from the innocent. Innocent clients can admit guilt as a result of coercion, confusion, or fear. Thus, forensic evidence can often be a more objective and reliable way of determining the facts of a case. When properly obtained and examined, physical evidence can answer such questions as "What happened?", “What was the cause of death?”, “What object may have caused the injury?”, and “Who was present at the crime scene?”