Frye v. U.S., 293 F. 1013 (D.C. Cir. 1923).
Witnesses Lay & Expert and Chapter 13 Physical Evidence. Please discuss how physical evidence is defined, the different types of physical evidence and why securing the scene is important for the documentation and collection of physical evidence.
Brief:
Frye v. U.S., 293 F. 1013 (D.C. Cir. 1923).
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).
Definition of Physical Evidence
Physical evidence encompasses any tangible object or material that can potentially link a suspect to a crime scene. It plays a crucial role in criminal investigations by providing concrete evidence that can be analyzed and used to establish guilt or innocence.
Types of Physical Evidence
Physical evidence can be categorized into various types, each with its own evidentiary value:
- Biological Evidence: DNA, blood, saliva, hair, and other bodily fluids or tissues.
- Trace Evidence: Fibers, glass fragments, paint chips, and other microscopic materials.
- Impressions: Fingerprints, footprints, tire marks, and tool marks.
- Firearms and Ballistics: Weapons, ammunition, and bullet casings.
- Documents: Handwritten or typed documents, including forged documents and altered records.
- Electronic Evidence: Data stored on computers, smartphones, and other electronic devices.
- Isolating the Area: Limiting access to the crime scene by establishing a perimeter and controlling entry and exit points.
- Protecting Evidence: Taking measures to prevent the movement or alteration of physical evidence, such as using protective coverings or avoiding unnecessary contact.
- Documenting the Scene: Creating a detailed record of the crime scene through photography, sketches, and written notes. This documentation serves as a visual reference for investigators and can be used in court.
- Lay Witnesses: Individuals who were present at the crime scene or have relevant knowledge of the incident. Their testimony can provide context and corroborate other evidence.
- Expert Witnesses: Individuals with specialized knowledge or training in a particular field, such as forensic science or ballistics. They can analyze physical evidence, interpret findings, and provide expert opinions that can be used in court.
- Frye Standard: This test, established in 1923, requires that the methodology or technique used by the expert witness must be generally accepted by the relevant scientific or technical community.
- Daubert Standard: This more flexible standard, adopted in 1993, requires that the expert's testimony be based on reliable principles and methods, have those principles and methods been reliably applied to the facts of the specific case, and the expert's testimony be the product of sufficient facts or data, be the product of reliable principles and methods, and have those principles and methods been reliably applied to the facts of the specific case.