Wednesday, April 3, 2019
Criminal Law Evidence Example
Criminal Law Evidence ExamplePlease read cautiously the scenario be woeful and then complete the work for this assessment.A burglary has occurred around 2100 hours yesterday at an office complex on an industrial estate. It has blustering entry round to the rear of the building. A metal top scuttle window was forced open and the intruder(s) gained entry, once inside, the building alarm arranging was activated. The offender do a tidy search of the office desks and knickerbockers and it is rummyed that 2 laptops and one PDA were stolen. The exit from the property was as entry. An eye witness states they saw a red colourizeed railway motorcar leave the industrial estate at high speed, the make and ideal is unknown. Approximately 4 miles away from the scene on a pose that borders the edge of a large housing estate was a stolen delinquent vehicle, its engine still running. The vehicle is a red ford focal point reported stolen 1 hour previously from a private hinge on outside t he home of Mr Andrews. The vehicle has been taken to a reco actually store pending a scenes of offensive visit. CCTV on the park installed for anti-social behaviour has been viewed by Police Community Support Officers and they believe the individual running from the car is Michael St thus far Kelter born 23/02/1987. Michael has previous convictions for burglary and anti-social behaviour related offences. He is in addition a known drug officer. Uni throwed Police Officers create arrested Michael Kelter on suspicion of burglary at the industrial estate and also for the taking of a vehicle without the owners consent. He is now detained at a dedicated custody suite pending interview with detectives. Attending police force officers have found a screwdriver in shrubs outside the office complex, the screwdriver has been vulcanized and booked into the property store at the local police station. Officers also arranged for boarding up to secure the premises. It has also been reported that a male in his early 20s 3 days previously utter that he represented the alarm company and needed to have a look at the system. He presented no identification at the receptionist and was later turned away. CCTV footage has since been overwritten as it is on a 24hr loop. It is not known whether this is committed to the burglary. Assessment Please devise an illustrative presentation of the potential yard types available at each scene and identify the links amid each scene. You will need to cite references to support your answer.Literature financial support the Potential of rhetorical Evidence. NAPIER, T.J., 2002. shooter linking using footwear mark databases. scholarship and Justice Journal of the rhetorical experience Society, 42(1), pp. 39-43. abbreviated description of reference. BIERMANN, T.W., 2007. Blocks of colour IV The evidential value of blue and red cotton fibres. Science Justice, 47(2), pp. 68-87. Brief description of reference. LOWRIE, C.N. and JACKSON, G ., 1994. Secondary maneuver of fibres. Forensic Science International, 64(2-3), pp. 73-82. Brief description of reference.Locards PrincipleAccording to Locard 1910 Wherever he steps, some(prenominal) he touches, whatever he leaves, even unconsciously, will serve as a silent witness against him. Not and his fingertag or his footprints, nevertheless his hair, the fibers from his clothes, the glassful he breaks, the tool mark he leaves, the paint he scratches, the blood or semen he deposits or collects. All of these and more than, endorse mute witness against him. This is secern that does not forget. It is not conf utilize by the excitement of the moment. It is not absent because human witnesses are. It is factual evidence. Physical evidence cannot be wrong, it cannot perjure itself, it cannot be wholly absent. Only human ill to find it, study and understand it, can diminish its value. (Joe Nickell and John E. Fischer, evil Science Methods of Forensic Detection. Lexington Uni versity Press of Kentucky, 1999. 10). reproduces a lot feature significantly at the scene of the burglary, within the stolen vehicle and on any property corned from the burglary including the screwdriver that was discovered at the point where the stolen vehicle was recover from. (FSS 2000, Supporting lookout, Information on FSS and Police Fingerprint Process, Forensic Science Service). cardinal of the leading figures in the development of fingerprint analysis was Sir Francis Galton who developed the three-way classification scheme which sorts fingerprints into three groups and was used primarily to establish the genetic endowment and character of the individual (Simon A. Cole Suspect Identities A History of reproduce and Criminal Identification (Harvard University Press, 2001), pp. 60-96.) Garton himself published a book entitled Fingerprints in 1892 in which he studied the frequency in which the patterns appeared in carnal knowledge to the race of the supplier of the print. Unfortunately his results did not meet his expectations that there would be a significant pattern for a significant race. The use of the fingerprint database for the storing of fingerprints taken from convicted offenders is invaluable in identifying perpetrators of future crimes (Anthonioz, A., A. Aguzzi, A. Girod, N. Egli, and O. Ribaux, Potential Use of Fingerprint in Forensic Intelligence Crime Scene Linking. Z Zagadnien Nauk Sadowych Problems of Forensic Sciences, 2003. 51 166-170.)Footwear mark are often a reusable source of identification. It is possible to identify the wearer of the shoe from the footmarks by the way in which the patterning has worn. Although retailers sell many of the same item of footwear the wear marks on the shoes differs between users and wherefore it can be very easy to get an exact match from the recovery of the suspects footwear to the recovered print. Some experts have stated that shoemarks and geographical information can look in linking a sus pect to a particular crime (Napier, T.J., 2002. Scene linking using footwear mark databases. Science and Justice Journal of the Forensic Science Society, 42(1), pp. 39-43). According to Jim Fraser who is the director of the centre for forensic science as the University of Strathclyde footwear marks were found at about 40% of crime scenes. He commented that most are not clean boot marks and unremarkably need enhancing with UV light and that such prints can even be recovered from a carpet or a departed body (James Randerson, Footprint database to help fight crime, The Guardian, Tuesday January 30 2007).Items such a glass can be changered to a suspect either through primary transfer or secondary transfer. Primary transfer usually occurs when the suspect is breaking a window which causes backward fragmentation (J. Locke and J.A. Unikowski, fault of flat glasspart 1 Size and distribution of particles from simply glass windows. Forensic Sci. Int. 51 (1991), pp. 251262). Secondary t ransfer is where the glass transfers form one person to another or form one aspiration to another person (Lowrie, C.N. and Jackson, G., 1994. Secondary transfer of fibres. Forensic Science International, 64(2-3), pp. 73-82. ) interrogation has shown that approximately 10% of glass fragments can be transferred from the person who broke the glass to another person (G.A. Holcroft, B. Shearer, Personnel communication). Others discovered that the transfer of glass between two people in a car only resulted in one such transfer in the 15 experiments that were conducted (.J. Allen, K. Hoefler and S.J. Rose, The transfer of glasspart 3 The transfer of glass from a grime person to another uncontaminated person during a ride in a car. Forensic Sci. Int. 93 (1998), pp. 195200.)Certain types of clothing are more likely to allow such a transfer than others. clothes made from 100% nylon such as shell suits have a low retention level whereas jumper made of acrylic would have a medium retention l evel (T.J. Allen, K. Hoefler and S.J. Rose, The transfer of glasspart 2 A study of the transfer of glass to a person during diverse activities. Forensic Sci. Int. 93 (1998), pp. 175193).Raman developed the notion of spectroscopy which focussed on the transfer of fibres that had been chemically dyed. The most common colours used in the manufacture of clothing are black, blue and red and therefore it can be difficult for the forensic scientist to differentiate the evidential sampling from the suspect source (R. Palmer and S. Oliver, Sci. Justice, 2004, 44(2), 8388.)In recent times the use of CCTV footage has been increased significantly with local authorities making use of the technology in the city centres to monitor the behaviour of people. This has proven particularly utilizable with regard to the monitoring of the behaviour of people when they have been drinking. CCTV footage can be of limited usage in that the images are not always sufficiently clear. There has also been much criticism of the fact that cameras are often pointing the wrong way or do not cover the neighborhood of the offence. Images from CCTV can be enhanced to aid identification and often a suspect will enter a guilty plea having been shown the footage, curiously if they are clearly identified by the cameras.As can be seen from the above there are many items that can be gleaned from the actual scene of the offence as well as from other areas that the suspect might have been present at. The notion of secondary transfer could unwrap a case against a suspect, however the prevalence of secondary transfer is very low and therefore offers little in the way of fortress for the suspect.