Crime Scene Evidence - Convictions Are Rare Without Physical Evidence From the Scene

Sensational homicides have populated the National news of late, and crime scene evidence seems to play a key part in many courtroom decisions. Numerous TV "Cop Shows" draw bigger and bigger audiences as the viewing public develops an insatiable appetite for the' blood and guts" of crime scene investigation.

Crime scene investigation (CSI) includes some basic methods that include forensic applications, photography, chemistry, physics, mathematics and just plain common sense. "How to Become a CSI" is a fast-growing industry among institutes of higher learning offering on-line diplomas and degrees in the discipline.

One fact is certain: No two crime scenes are very much alike.

Crime scene investigation must follow an orderly protocol-otherwise physical evidence may be misunderstood, mishandled, or missed altogether. The basics steps taught to crime scene investigators by many educational sources include, but are not limited to the following steps:

1. Protect Life and Property. The first responding officer(s) must take the steps necessary to protect life and property. First aid is rendered to the injured and aid in the form of emergency medical teams, crash-rescue units, fire departments and backup officers are summoned.

2. Secure the Scene. Officers must take steps to prevent damage to, or disruption (contamination) of the scene. Many experts in this field state that more harm is inflicted on crime scenes by the presence of law enforcement officers than from any other source. The first officers on the scene must make a quick determination of what constitutes the boundaries of the scene, and will then take steps to protect this area. This is where the inevitable "Yellow Crime Scene Tape" is introduced into the crime scene. Sentries must be placed at all possible points of entry and access will be denied to all not having a legitimate reason for entering the area.

3. Brief the Investigators. Except in very small law enforcement agencies-where the first responders may also wear the hats of crime scene investigators, the first responders will brief those on hand who will assume control of the scene and perform evidence search and collection. This briefing includes any observations made by initial officers and will relay statements made by by-standers, witnesses and victims.

4. Conduct a Walk-Thru. The walk-thru is a time spent making visual observations throughout the scene. Physical evidence can be in plain sight (weapons, spent-shell casings, blood, impression evidence (hand and footprints), etc. The investigator will make notes as potential crime scene evidence is revealed. The walk-thru skirts the perimeter of the areas where obvious physical evidence resides. All the while, the investigator is conscious of the fact that a great deal of evidence may be present that is not in plain view or is invisible in nature. Thus he must avoid walking through areas that may harbor footprints in dust, weak or invisible bloodstains or blood spatter and latent fingerprints.

5. Recording the Scene. Recording the scene most often begins with CSIs preparing a rough sketch of the area. Locations of furniture and other building contents are included as well as apparent items potentially useful as crime scene evidence. Outdoor scenes present different challenges so nearby vegetation, trees and similar fixed and moveable objects are sketched. Next comes photography. Overall, wide-angle photos record the scene prior to any efforts to locate physical evidence. Medium distance photos follow that show relative positions of evidential items with regard to each other, and then close-ups record specific items. Many agencies also use video to supplement still photographs. As far as human nature is involved, a jury's rapt attention is often stronger when videos are used to depict the scene. Video provides a sense of actually being at the scene for jurors.

6. Processing the Scene for Physical Evidence. This is the nitty-gritty phase of the investigation. Often, specialists skilled in locating and recovering dust impressions are joined by latent fingerprint technicians who will ply their expertise. In violent crime scenes, a blood spatter analyst will go to work.

7. Collecting the Physical Evidence. It is one thing to locate potential evidence, and it is another to gain the usefulness this evidence may possess. Collecting techniques may include an electrostatic dust print lifting system, superglue fuming of various items in order to reveal invisible latent fingerprints, and there is also a mix of physics and geometry when analyzing and recording blood spatter.

8. Packaging and Transporting Collected Evidence. Much of the evidence collected at a crime scene is very fragile in nature. This evidence may be damaged by handling and the packaging method, and it may deteriorate or "spoil" due to improper storage. Physiological fluids, and their potential for providing DNA profiles, are especially fragile and easily susceptible to damage or deterioration.

While some TV shows run through all of the above steps in just 45 minutes or so, it is apparent that investigating a crime scene can take many hours or even several days from start to finish.

The National Institute of Justice has performed in-depth research into the "CSI Effect." This is based on the premise that juries are being conditioned to expect to see the very same techniques used by TV actors to be employed by the real-life cadre of CSIs. What the general public expects to see are scientific principles and equipment resulting in "Slam-Dunk" prosecutions, while failing to comprehend that many of the techniques depicted on TV require extensive, virtually unlimited budgets to accomplish. See The NIJ video.

Most law enforcement CSIs are adapting to the budget crunch, and they are still able to bring the guilty to justice through their dedication and perseverance-despite the lack of sufficient funding.

Many law enforcement agencies have been forced to limit training and are coming to recognize that a great deal of specific crime scene training is available to them at no cost. The CSI Tech Blog offers specific training in Crime Scene Evidence disciplines, and it is a trusted source for learning the many techniques and procedures needed by today's crime scene teams. Visit CSI Tech Blog

Expert Author Don Penven is a freelance writer and professional photographer based in Raleigh and Morehead City, NC,

Detective and Crime Scene Investigator Career

Detectives are working in the police force as undercover investigators that will gather evidence for the criminal cases. Typically, they will determine who is accountable to the crimes that have been committed. Their scope of work is to visit the crime scenes and interview the witnesses and suspects, gathers complete information, documents the evidences, put the suspect under surveillance and participates in arresting.

Detectives usually are specialized in the particular fields of the crime like homicide, juvenile crime, fraud, drug trafficking, human trafficking and a lot more. Their cases are usually assigned by the supervisor, and they work with their cases until the arrest as well as the conviction is being made or after the case id being closed or dropped.

The duties of detectives are dangerous and stressful because they usually deal with the potential criminals. They are working long hours as they are on case investigation and they even work on holidays depending with the stressful demands of the job.

While the crime scene investigator are examining the crime location as well as collect and then analyze the necessary evidences that may point to the one who commits the crime. The investigator can work in the fields of gathering evidences in the crime scene, laboratory or field of analyzing evidence which are collected.

In this field of work, the crime scene Investigator can pursue a specialization in one, two or more of the variety investigations like, forensic photography, latent examination of fingerprint and document and Handwriting analysis and a lot more. More often, the investigator will start their career only as a general technician prior to specialization.

They should work well to the team of persons, and must have an excellent verbal communication and writing skills. Crime scene investigators must contain a better organizational skills, with excellent eye with every detail, can prioritize their job and can possess a good analytical solving skills.

Learn the working nature of Detectives and Crime Scene Investigators. For more Info, please visit us at: http://law-enforcement-careers.net/blog/

New York City Computer Crimes

The term "computer crimes" is not one often heard in criminal news. Most people don't even realize it exists. Nevertheless, it is specifically addressed by most states' legislatures. In New York, it is codified in Section 156 of New York Penal Code. This article, provides a short glimpse into what is considered a New York computer crime.

The most common offense is Unauthorized use of a computer. You may be guilty of this crime if you knowingly use a machine or a system without authorization and the computer or system you use is protected by password or another security feature. This offense is s a class A misdemeanor.

Another common charge is Computer Trespass, which means knowingly using a computer without authorization with an intent to commit or attempt to commit any felony or, alternatively, the person knowingly gains access to computer material. This is a class E felony offense.

Next in line is Computer tampering. This offense may be in several degrees depending on circumstances. You may be guilty of this tampering in the fourth degree for using a computer (even with permission) and intentionally altering or destroying data or a program of another person without permission to do so. Computer tampering in the fourth degree is a class A misdemeanor.

If, in addition to this, the person has an intent to commit any felony or if the person has been previously convicted of cyber crime or theft of services crime, or the act of deleting computer material was deliberate or with the intent to cause damages for more than $1000 dollars, the person may be guilty in computer tampering in the third degree, which is a class E felony.

New York computer tampering in the second degree involves committing the crime of computer tampering in the fourth degree plus intentionally altering or destroying data or a program so as to cause damages for more than three thousand dollars. Computer tampering in the second degree is a class D felony. Finally, if an act causes more than $50,000 in damages, the person could be guilty of computer tampering in the first degree, a class C felony.

Tampering aside, another line of statutes deals with illegal copying of computer related material. Under NY Penal Law 156.30, a person may be guilty of unlawful duplication of computer related material when they illegally copy or duplicate software or any program data causing owners economic damages in the amount of more than $2,500 or copying these materials with an intent to commit felony. Unlawful duplication of computer related material is a class E felony.

You don't have to illegally duplicate software to violate the statute. Simple possession of stolen data may be a felony, too. For example, under Section 156.35, a person is guilty of criminal possession of computer related material when having no right to do so, he knowingly possesses, a copy, reproduction or duplicate of any data or program which was copied, reproduced or duplicated in violation of section 156.30 with intent to benefit himself or a person other than an owner. Criminal possession of computer related material is a class E felony.

New York law allows for some defenses in cyber crimes cases. Some of them include a defense that the defendant had reasonable grounds to believe that he had authorization to do all the proscribed activities.

Joseph Potashnik is a Computer Crimes Attorney in NYC He represents people accused of state and federal offenses, including white-collar and fraud crime, drugs and weapons crimes, and computer crimes. He also defends professionals such as physicians and teachers facing professional discipline. Please visit Mr. Potashnik's website at http://www.jpdefense.com for more information.

Delhi, the Crime Capital of India

Delhi is the national capital, but the law and order is not the best in the world. In fact it is abysmally poor, with day light murders and rapes a frequent occurrence. Recently two girls were walking along the road, when a car pulled up near them and one of the girls was pulled inside the car and it sped off. This too in broad daylight, when tens of commuters were around. The girl after repeated rape was left on the roadside. The silver lining was that she was not murdered.

Crimes in Delhi

Such crimes have been the bane of Delhi. Who can forget the gruesome rape and murder of two Children nearly three decades back. The Killers Ranga and Billa have been hanged, but that is small consolation to the mass of women and girls who are subject to similar acts all over Delhi. The sad part is that crimes that took place three decades back are being repeated with alarming frequency. The crime graph is on the upswing. In fact, one reads of daily daylight murders and abductions all over Delhi.

Reasons

The reasons for this alarming crime rate are many. One of them is the lax law enacted by the Morarji Desai Janta regime in 1977, which amended the law and made getting bail easier. Thus a rapist or murderer easily gets bails and the deterrent of time in jail is dispensed with. In addition the law and order in Delhi is a Central Government prerogative and the Delhi state government has no responsibility. This leads to a piquant situation and the sufferer is the law and order situation. Another aspect of the crime rate is the lax police approach. Many a time the police do not record FIR's as they would like to keep their books regarding crime clean. In addition the western UP criminal tribes come to Delhi commit the crimes and head back. But these tribes usually take part in robbery and murder. But rape and sex related crimes are the handiwork of local boys. Some of them are the children of known politicians, who are shielded by their parents. An example is the case of Nitesh kataraia.This boy was murdered by the son of a well known politician, as the boy could not accept kataria's love affair with his sister. The government of India which is responsible for the law and order of Delhi, must act before Delhi slithers further down the road of crime and anarchy.

How To Combat Organised Crime

Crime is a problem that society will always have difficulty tackling. It is hard to prevent murder happening or crimes involving emotion of some sort. However, it is possible to reduce crimes that involve illegally obtained wealth by simply taking it away from the criminals.

Confiscation was introduced as a method by which it was hoped that crime would no longer pay. If a person could not explain how he obtained any of his wealth he would lose it by default. This was targeted at crime lords and organised criminals who were often thought to be beyond the law. They amassed enough criminal wealth so that if caught committing fraud or fencing stolen goods they could employ the services of expensive criminal defence lawyers and criminal defence forensic accountants to minimise the sanctions imposed upon them.

Now the prosecution authorities look less at the specifics of the crime on its own, and often simply ask how the accused obtained his money. If it was obtained illegally, it will be impossible for him to explain its source and it is not enough to provide vague explanations. Detailed accounts are necessary. If the money was obtained legally but no records kept, this can pose just as much a problem as when criminal proceeds are the issue. Any wealth is still assumed to be the proceeds of criminal activity - or it might be revenue that is avoiding being taxed. The tax on it plus interest and penalties will add up to the same result. The money is still confiscated by the authorities.

The confiscation system was strengthened considerably in 2003 with the enforcement of the Proceeds of Crime Act 2002. The Act introduced and strengthened a lot of measures which many say are too heavy handed and sometimes even "unfair". The intention was to create a system that allowed wealth to be taken away from the organised criminals, by being able to make assumptions that any wealth was from crime. It was up to the accused to explain where any wealth came from and if he couldn't it would be taken away. The trouble is that the assumptions can be made on any person deemed to have a criminal lifestyle and the criteria for this are fairly light.

If a person has committed several crimes, or committed a crime over a period of six months, or if the crimes are for amounts adding up to at least £5,000 - then the person is deemed to have a criminal lifestyle and all assets held and every transaction for the previous six years are deemed to be criminal.

This might mean that a shoplifter who gets caught two or three times could potentially stand to lose every asset including his family home. In addition, he would need to account for every credit shown on his bank statements and every outgoing debit for six years prior to the date of the commencement of proceedings. If an order made within a confiscation is not paid on time, a substantial additional prison sentance can result.

The confiscation of wealth does work for serious criminals, but can be seen as "overkill" in the cases of some smaller crimes.

Mark Jenner is a Fellow of the Institute of Chartered Accountants in England and Wales, a Certified Fraud Examiner and has a Masters Degree in Fraud Management. He runs his own forensic accountancy business specialising in confiscation proceedings and criminal defence matters.

Drug Charges and Drug-Related Crimes

The government has noticed a strong tie between illegal drugs and other crimes. In fact, one study found that people who use illicit drugs are 16 times more likely to be arrested for crimes like larceny or theft. Thus, it should come as no surprise that law enforcement officials are very serious about drug charges and other drug-related crimes.

First, it is crime to participate in any stage of the creation of drugs. You can be charged with crimes such as the manufacture of illegal substances, the distribution of illicit drugs, and the possession of drugs and drug paraphernalia. These are generally called drug-defined crimes. If you participate in other crimes, such as auto theft or burglary, while taking illegal drugs, these crimes are called drug-related offenses.

Next, drugs are often tied to several other types of crimes, like child endangerment. Child endangerment is a charge that is often applied to other crimes. For instance, if a person chooses to drink and drive with a child in the vehicle, the driver can be charged with DUI child endangerment. This also applies illegal drug activity. Should a person manufacture or abuse drugs in the presence of children, the drug abuser can be charged with the drug-defined charge as well as child endangerment.

Another drug-related offense is sexual assault. Some people will give victims drugs like benzodiazepines in order to make them helpless to fight back against rape or other types of sexual assault. Although benzodiazepines may be prescribed as anti-depressants, people can illegally acquire these medications to carry out various forms of sexual assault.

If you are charged with a drug-defined crime or a drug-related offense, this can leave a permanent black mark on your record. Then, you may be forced to report this on every application you fill out, work or otherwise. This can prevent you from reaching your goals and living your life normally. If you have been accused of these crimes, you should not face them without the help of an experienced attorney. For more information, please contact a Dallas drug defense lawyer from the Lassiter Law Offices today.

California Drug Crimes

In the United States, controlled substances are strictly regulated under state and federal drug laws. It is against the law to possess, cultivate, manufacture or distribute illegal drugs such as marijuana, cocaine, LSD, ecstasy and heroine. It is also unlawful to commit prescription fraud crimes. Such crimes include obtaining a prescription by untruthful means, selling prescription medication to someone other than the person to whom it was prescribed or selling prescription medications in a "back door" pharmacy type operation.

Drug crimes can be charged against a single person with a small amount of marijuana, or a high school student selling ecstasy or someone trafficking large amounts of cocaine across state lines. Since drug crimes cover such a wide spectrum of offenses, almost no one can evade the potential of being convicted, whether an upstanding citizen or a career criminal.

Drug Crimes in California

Let's take a look at a few of the specific criminal offenses that pertain to drugs, under California law:


"Possession of a Controlled Substance" - Health and Safety Code Section 11350
"Possession for Sale of Narcotics" - Health and Safety Code Section 11351
"Sale or Transportation of a Controlled Substance" - Health and Safety Code Section 11352
"Possession of Drug Paraphernalia" - Health and Safety Code Section 11364
"Possession of Methamphetamine" - Health and Safety Code Section 11377
"Manufacturing Drugs & Narcotics" - Health and Safety Code Section 11379.6
"Under the Influence of a Controlled Substance" - Health and Safety Code Section 11550

A defendant may face criminal charges related to possession of a controlled substance or may be arrested and charged for manufacturing, transporting or selling drugs. A defendant may even be criminally charged for being "under the influence" of an illegal drug.

These crimes are frequently charged against minors. In these cases they are considered juvenile crimes and are typically handled in the juvenile courts. Unfortunately, minors can be easily influenced by their peers and wind up partaking in the illegal consumption or sale of drugs such as marijuana, their parents' prescription medication, or exchanging club drugs at parties or nightclubs. How the minor's case is handled by the prosecution will depend upon their age, the nature of the drug offense and any prior criminal history. An experienced attorney can help both the minor and the parents by aggressively pursuing the lightest sentence possible, so as to avoid serious penalties for the accused.

A suspect can be arrested and convicted of any type of offense related to an illegal controlled substance. Possession of a small amount of drugs for personal use, drug paraphernalia on a person or in their control or growth of one or more marijuana plants are all illegal acts. Nearly any type of activity connected with drugs is criminalized and can be punished to the full extent of the law. For this reason, it is essential that a person who is arrested retain the services of a highly experienced criminal defense lawyer who can use their experience and negotiation skills to alleviate the criminal consequences that the accused faces.

Penalties for Drug-Related Offenses

Drug crimes range in severity with the possession of a small amount of marijuana for personal use being a "lesser" drug offense, and running a full scale drug trafficking operation being a much greater offense. The crimes can be prosecuted as a misdemeanor or a felony, depending on a variety of factors. For example, the type, amount and intent are all taken into consideration when making a charge. The prosecution and the judge will also evaluate whether the suspect has a prior criminal history, and they will examine the circumstances surrounding the case. A skilled criminal defense attorney can help you defend your rights and make sure that the more positive aspects of the situation do not get overlooked by the prosecution. These tactics will help ensure that you are not sentenced with harsher penalties than necessary.

Someone found with less than an ounce of marijuana on their person will most likely face misdemeanor penalties whereas someone found operating a methamphetamine lab will face felony charges and years behind bars. Whenever a person is arrested for a drug crime it is always in their best interests to seek legal representation from a private criminal defense attorney. Even if someone is found in possession of a small amount of drugs for recreational use, their arrest and subsequent criminal conviction could have a lasting effect on their family and their future career. Having the right lawyer on your side during the criminal process could mean the difference between spending time behind bars or being placed on probation. Especially if it is your first arrest or offense, there may be alternatives to jail available that might allow you to maintain your freedom and avoid a lengthy term sentence. You are urged to take a moment to contact a criminal defense lawyer in your area who can work on your behalf, aggressively seeking the least severe criminal penalties for you.

Martinian & Associates, Inc. has been obtaining powerful and workable results for their clients in the Los Angeles area for years. Their firm handles all types of criminal defense charges including drug charges, federal crimes, sex crimes and more serious crimes such as manslaughter and murder. Through years of experience, the team has developed effective strategies which have helped their clients receive reduced penalties, lighter sentences and even dropped charges. No case is too large or too small when it comes to seeking the representation you deserve. If you would like to learn more about how they may be able to help, contact a Los Angeles criminal defense attorney at (888) 847-9821.