Managing Evidence- From Scene to Analysis

Managing Evidence- From Scene to Analysis

Criminalistics: Handling Evidence

What Happens to a Confiscated Gun?

If it is found that the pistol was used in a crime, it will be kept for further analysis. When its usefulness in the criminal investigation is over, the gun can be returned to its rightful owner or destroyed. The destruction of such weapons can be melted down. Thousands of guns were confiscated by the police, and they are believed to have been involved in the crimes. Once it is known or suspected that that particular gin was used in criminal activities, it is confiscated and held as evidence in the cardboard boxes. It could not be accessed by anyone apart from the criminal investigating police (Facrimelab.com, 2020). Such guns are dusted to preserve the fingerprints of the culprits to wait for analysis. The firearms are wrapped so that the fingerprints remain intact and then packaged in safe boxes to enhance minimal access to them. The study of the gun can be both the physical and forensic form.

The physical analysis involves the examination of the cartridges, the gauge of the shotgun, the manufacturer, the range of possible shot sizes, and gunshot residues (Payton, 2016).  The collection and analysis, so the firearms used in a crime, is done by well-trained firearm examiners who evaluate and compare evidence. In the forensic examination, the examiners try to find more information about the firearm using scientific evidence such as the criminal fingerprints on the gun and laboratory tests.

Chain of Custody

The chain of custody is the movement and location of the evidence of the crime scenes from the point of discovery and recovery to the transportation to the laboratory for examination until the evidence is present in the court. The chain of custody is believed to be the most critical process of evidence documentation since it requires a lot of cautiousness to avoid tampering with the raw evidence (Schiro, 2020). The evidence in a criminal case may include; photographs, bodily fluids, DNA samples, personal property, documents, and the firearms recovered from the crime scene.

The chain of custody is sequential documentation to account for the sequence of custody control transfer and analysis of physical and electronic evidence. The chain of custody’s primary goal of the chain of custody is to ensure that the evidence related to the alleged crimes was collected from the scene in n unaltered condition rather than being tampered with to make one guilty (Batiye, Kapoor, & Menezes, 2021). The chain of custody is supposed to maintain the integrity of the evidence.

The persons responsible for the chain of custody of the evidence are minimized to the specialized criminal investigation officers. These investigators may include police officers, laboratory technicians, and scientists in forensic science. These people are not supposed to share the evidence with third parties, and the evidence should be kept secret. Right from the time the firearm is collected from the point of recovery until it is brought before the court, the firearm must always be in the physical custody of an identifiable and legally authorized individual (Batiye, Kapoor, & Menezes, 2021). Therefore, a chain of custody in criminal cases might be a police officer who collects the firearm at the crime scene and puts it in a sealed container like a box.

The police officer hands the firearm to the police forensic technician, who removes the gun from the container to carry out forensic investigations. Forensic analysis entails collecting the fingerprints on the gun and carrying out other possible studies on the weapon. He places the gun along with others and seals them in a container to wait for the day to be presented in court. The forensic technician gives the firearm and other evidence to the police evidence technician (Batiye, Kapoor, & Menezes, 2021). The evidence technicians store the arm in secure places and record every person who accesses the evidence during the investigation until the time of disposition of the case. Items that handle the evidence are often moved in and out of the storage and handled by different persons (Facrimelab.com, 2020).  All the changes in the possession, handling, and analysis of the items of evidence should be required on a chain of custody form to make it easy to trace anyone who might be tempted to tamper with the evidence.

Packaging the Confiscated Fire Arm

Once the crime scene has been documented and the evidence’s locational, the collection process of the evidence commences. While collecting the evidence, the investigation officers need to have all the required items of handling the evidence since each piece of evidence needs specialized storage to prevent alteration of the evidence. The firearm involved in criminal activity should be packaged in an envelope or paper and should be separate from the ammunition or the magazines (Payton, 2016). The ammunition and magazines should be put in a paper envelope or a bag. One crucial fact that should be noted is that it is essential that the firearm found at the crime scene be packaged according to the laboratory or agency policy, such as sealing in unused wrapping papers and putting it in a cardboard box (Payton, 2016). The fired cartridges and the unfired ones should be individually packaged by putting them in a sealed container or envelope.

Tests Performed in Crime Labs

Several tests can be carried out in the crime lab; the technicians carry out the difficulties to unearth more admissible evidence in the courts of law.

Firearm serial number restoration- is the restoration of the original serial number on the firearm. The restoration entails the use of scientific techniques to restore the serial numbers that are lost or erased (Facrimelab.com, 2020). Manufacturers always stamp serial numbers on products such as firearms, tools, automobiles, and cameras. The serial numbers indicate the ownership or the manufacturer’s identity. Criminals attempt to obliterate the serial numbers, especially on arms, by scratching, grinding, or overstamping the obliterated area to hide the original serial number (Facrimelab.com, 2020). However, the crime lab technicians have techniques they use to retrieve the scratched serial numbers. They can do this through a chemical respiration procedure on punched or stamped Obliterated serial numbers.

Bloodstains patterns analysis- This is one of the tests done in the crime labs in the quest of unearthing more concrete evidence in criminal investigations. The bloodstains pattern analysis is employed to help determine the direction and speed of blood drops at the crime scene. The blood analysis can reveal the use of physical evidence and can give important information such as the type and the velocity of the physical evidence (Facrimelab.com, 2020). The bloodstains tests also help in identifying the criminals in cases where the victims and the criminals injured one another during the incident. The blood DNA could be used to determine the persons who got involved in the incident.

Fingerprint analysis- This is another test done in the crime lab in the investigation of a crime incident. The firearms, clothes, wood, and other surfaces are taken to the laboratory to be analyzed to identify the fingerprints of the people who might have committed the crimes (Facrimelab.com, 2020). The fingerprint analysis is usually done by the law enforcement agency or the crime laboratories. The fingerprints unit helps in processing the latent fingerprints, and these prints are compared to the inked fingerprints of the suspects or the victims of the crimes.

Testifying to the Findings of the Crime Lab

There are several ways the crime officer can testify to the findings of the labs. While testifying before the court with the results of the crime labs, the prosecution should confirm to the court they followed the standard lab protocols while studying the evidence in the labs (Byrd, 2000). Criminal cases rely much on the evidence of the crime lab results; the case may fail when the results are inappropriate. Therefore, the investigation officers need to come up with accurate and beyond-reasonable pieces of evidence that indicate that the suspects are the ones who committed the crimes (Byrd, 2000). The forensics crime investigation in the crime labs requires a technical working team, and code of professionals, to come up with objective results that can help reveal the truth about the crime. The scientific technique of investigations comes in handy and gives accurate results that can be relied upon.

How Would the Firearm Be Disposed Of?

When the court trial is over, the suspects convicted or acquitted of the firearm evidence could be disposed of either by returning the ire arm to the eligible owner or destroying the firearm. The firearm can be destroyed by melting it down, dissembling the parts, and making them unusable. It is essential to eliminate firearms to prevent them from landing in the hands of the wrong people who could use them to commit more crimes (Payton, 2016). If the firearm is returned to the original owner, it depends on how the weapon was found with the criminals. Suppose the eligible owner genuinely lost the firearm and, unfortunately, the criminals get it. In that case, the owner could be given the gun as long as they prove that the weapon was accidentally lost.

References

Batiye, A., Kapoor, N & Menezes, R. (2021). Chain of Custody NCBI. https://www.ncbi.nlm.nih.gov/books/NBK551677/

Byrd, M. (2000). Packaging Firearms. Retrieved fromhttps://www.crime-scene-investigator.net/packagingfirearms.html

Facrimelab.com. (2020). General Criminalistics & Forensic Ballistics. Retrieved from https://www.facrimelab.com/general-criminalistics

Payton, M. (2016). What Happens To Stolen Guns Used In Crimes? Retrieved from https://www.nbcsandiego.com/news/local/what-happens-to-stolen-guns-used-in-crimes/53674/

Schiro, G. (2020). Collection and Preservation of Evidence. Retrieved from https://www.crime-scene-investigator.net/

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Handling evidence is done for a number of reasons. After it is photographed, drawn in the crime scene sketch, and listed in the crime scene notes, it should be processed. There may be an analysis done at the scene and packages for storage in the evidence repository, or the evidence may be collected for transportation to the crime laboratory for further analysis.

Managing Evidence- From Scene to Analysis

Control of the evidence for accountability purposes is done using a document known as the chain of custody. The chain of custody reflects the travel of the evidence through the criminal justice system including where it was obtained, who had control of it from the law enforcement agency that collected it, the evidence custodians who received it, the laboratory technician who analyzed it, the court clerk who held it as an exhibit during the trial, and finally the method of disposal when the evidence was no longer needed as evidence.
You are part of a crime scene unit conducting a crime scene search and processing. At the scene, you find a Colt, .45 caliber, model 1911A1 pistol with the serial number eradicated. There are seven rounds of .45 Remington Peters full metal jacket bullets in the magazine. There is a live round in the chamber of the pistol, and the hammer is cocked with the safety off. The pistol has been photographed, and drawn in the sketches, and notes on the pistol have been completed.
Complete the following in a 4–6-page paper:
• What will happen to this pistol if it is found to be used in a crime, and how will it be processed, packaged, and analyzed?
• Detail the chain-of-custody persons that you can expect to handle the firearm.
• Explain how the firearm should be packaged.
• Relate what tests may be performed in the crime lab.
• Explain how you would testify to the findings of the lab and how you controlled who had the weapon after it was seized as evidence.
• Finally, after the court trial is over and there is no appeal pending, how would the firearm be disposed of?