Class Evidence: CRJS 406 IP2 Name, Class Date, Professor, In

Class Evidencecrjs406 Ip2nameclassdateprofessorindividual And Class Ch

Physical evidence is the pieces of evidence that are physically found and collected at the crime scene. Physical evidence is used to tie the criminal offender to the crime and prove the element of the crime. All physical evidence is class evidence and only becomes individual characteristic evidence when it is tied to a specific object or establish its uniqueness. Class characteristics are general characteristics of certain objects but because there are no specific characters to define individuality. For example a shoe print outside of a crime scene is class evidence.

Once it is lifted and identified to a specific shoe not a specific brand or model it will become individual evidence. The second examples of class characteristics evidence are fibers. There are millions of different fibers in the world. Until a fiber can be matched to a specific piece of material such as carpet, clothing, pillows, or furniture it has no individual characteristics but when it is matched to a specific rug, couch, or pillow it become individual characteristic evidence. Physical evidence, such as fingerprints and DNA are only class evidence until they can be attached to a specific individual but are not class or individual characteristic evidence (NIJ, 2005).

The last example of class evidence is tire impressions. When criminals flee a scene they may leave evidence behind from the tires on the car. Since every car in the world has tires it is consider class evidence even if the tire is a unique brand. Tires are matched based on their individual and unique tire tread patterns and wear. Physical evidence with class characteristics can be used in court when it is tied to specific make, model or brand.

Even if the shoe cannot be tied to one specific offender through unique or individuals characteristics it can be tied to the offender through circumstantial evidence. For example the court could provide a receipt showing the criminal defendant bought size 9 men’s Nike shoes but because the police never found the shoes they cannot be matched through unique tread and wear patterns to the criminal defendant it will remain class characteristic evidence. Physical evidence can be considered a class characteristic at one crime scene and an individual characteristic evidence at another. For example paint can be found at one crime scene and be considered class evidence because while the paint type was identified its location was not.

At another crime scene the same paint chips could be matched to a car sitting in the driveway. Unless the class evidence can be tied to a specific object or individual it is not unique and not considered individual evidence. In a second example tire treads at one crime scene can be matched to a specific vehicle while in others the tires can only be matched to a specific brand. Tire marks would also be considered class evidence unless they can be matched to a particular car, similar to foot tread patterns (Gross, 2010). Unless the exact set of tires can be found and matched to a vehicle driven or ridden in by the criminal defendant the evidence is only circumstantial despite the fact the evidence is actually physical.

Class evidence is located at all crime scenes but does not become useful evidence unless it can be tied to the crime or crime scene. Class evidence is used to develop more information on a criminal suspect leading to evidence that can directly tie the criminal. Without class evidence the police cannot develop individual characteristic evidence to use against a criminal defendant. If police can match tire impression evidence to the car of the criminal defendant it will establish the presence of the criminal defendant at the crime. Using the first example paint at the crime scene could be matched to paint at the place of employment of the criminal defendant showing they had to be at the crime scene.

An investigator should consider regarding the use of class characteristics as evidence in court if the evidence is unique enough to be tied to the criminal defendant. For example if police establish the tires are Michelin this is not sufficient evidence to show they can be tied to the defendants even at a circumstantial level. This is different if the Michelin tire is a unique brand made by the company for only one year. While the evidence is still class evidence it is valid for showing the possibility the defendant and their car was at the crime scene. The more unique the evidence the more likely it will be eligible as evidence to be used against a criminal offender.

Even class evidence can be unique causing it to be good evidence against the criminal defendant. In order to use class characteristic evidence investigators must consider if the evidence is too broad or if it is specific enough to use against a specific criminal offender. If the class evidence is too broad a judge may rule it is not eligible or it cannot be definitely being tied to one defendant causing it to be too misleading. Class characteristics can only be used if the object can be ties to the defendant in some way. For to use individual characteristics evidence in court it must be tied to a specific object.

Evidence cannot be introduced as individual evidence unless a specific object can be identified through unique characteristics. For example shoe impressions become unique based on the unique way people walk. If the tread pattern in the shoe impression left at the crime scene can be matched to a specific pair of shoes it can be used in a court of law to prove the guilt of a criminal offender. References Gross, J. & Fauss, M. (2010). Individual or Class Evidence. Retrieved October 19, 2013 from National Institute of Justice. (2005). Class and Individual Characteristics. Retrieved October 19, 2013 from

Class Evidencecrjs406 Ip2nameclassdateprofessorindividual And Class Ch

Evidence is the foundation of all criminal cases. Without evidence there is no way to show the court who committed the crime and how this determination was made. Evidence assists police in forming a conclusion about who committed the crime and locating who was responsible. For example a broken window would point to the crime of burglary and a fingerprint left on the broken window pane would physical evidence showing the criminal suspect was present at the crime scene. Evidence is the material objects presented at court to show the guilt of an offender and to show the court how they defendant committed the crime. Evidence is the pieces of the puzzle that are put together in order to support or disprove a claim.

For example a prosecutor charges a person with burglary. In order to show they are guilty of the crime there must be evidence pointing to the guilt of the criminal defendant. Without evidence there is no way to prove beyond a reasonable doubt the guilt of the criminal defendant. If the guilt of the defendant cannot be proven through evidence then the burglar will be found not guilty even if they were guilty of committing the crime. The primary role of evidence in a criminal investigation is to show the guilt or innocence of the criminal offender. The prosecution is not the only member of the court that introduced evidence. Evidence is also introduced by the defense.

The defense is the criminal defendant and their attorney. Evidence is used to show why a criminal is guilty or why a criminal defendant could not have committed the crime. Without evidence there is no way to show guilt or innocence (Kaisler, 2008). Since evidence is so important so is the collection of evidence. Evidence not collected properly or properly documented could be excluded from the court process. Documentation is the most important step in the gathering of any evidence at a crime scene. Documentation allows the state to prove to the court that the evidence located was located at the crime scene. If the state cannot show the court where the evidence was located, who collected the evidence, and how the evidence was analyzed. Documentation begins with the walk through and the sketch followed by photographing the evidence and labeling each piece of evidence with information about the crime scene investigator and when, where, and how the evidence as collected.

Physical evidence is crucial in proving the guilt of a criminal offender but it is also used to paint a picture of what occurred at the scene and identifies the potential motive of the offender. Evidence shows who could have committed the crime and supports the conclusion made by the prosecutor. Evidence is the proof. Evidence supports opinions and allow criminal investigator to draw conclusions.

References

• Gross, J., & Fauss, M. (2010). Individual or Class Evidence. Retrieved from National Institute of Justice.
• Kaisler, L. (2008). What is Evidence? Retrieved October 22, 2013.
• National Institute of Justice. (2005). Class and Individual Characteristics. Retrieved October 19, 2013.