Significance of Forensic Evidence in Criminal Trials

Abstract

In this research paper we will study the significance of forensic evidence in criminal trials. As science and technology advance, we shall study whether the impact for forensic sciences in criminal law has become greater or not. We will also study if there are adequate constitutional safeguards to maintain people's privacy as the means for data collection, physical evidence, and visual and eavesdropping capabilities expand. We shall also study what are the greatest assets and liabilities of forensic evidence in the 21st Century.

Significance of Forensic Evidence in Criminal Trials

Introduction

Forensic evidence helps establish the truth that the witnesses can supply. There are many types of evidence admissible, including circumstantial evidence, documentary evidence, and real evidence. Circumstantial evidence is usually a collection of facts maintained by a considerable quantity of verifying evidence. It is circumstantial, however, because it was not directly witnessed. The documentary evidence is that which is recorded on the evidentiary and chain-of-custody forms. Documentation of evidence is one of the first steps in the correct evidence collection. Real or direct evidence is observed and/ or witnessed evidence.

Physical evidence is any substance, solid, liquid, or gas, used to determine facts in a given situation showing that a crime has occurred or establishing a link between the victim and perpetrator. This evidence can be tangible evidence, which means touchable; trace evidence, which is not always seen by the naked eye; or transient evidence, which can be washed away, destroyed, lost, or damaged (Wecht, 2004).

Discussion

Impact of Forensic Sciences In Criminal Law With Advancement In Technology

As science and technology have advanced, there is even a stronger impact for forensic sciences in criminal law. Forensic science is traditionally that scientific discipline which determines how a crime was committed and submits those findings to courts of law. The focus is the courtroom, and forensic scientists present testimony to clarify what happened, leaving judges and juries to rule on culpability. Forensic science with time and advancement of technology has become a powerful tool in counter terrorism, not only in traditional post-incident prosecution, but also in deterrence, as it adapts to situations in which there is no court.

It is critical in criminal cases that any and all evidence is handled, documented, and disposed of properly. Accurate and objective documentation of the location, size, type, number, and appearance/ character of injuries/defects is critical. A photograph is needed with a scale or ruler to assist with size determination, while diagrams are helpful in documenting evidence. The terminology used to describe evidence needs to be specific and accurate hence tenchnology has made all these processes simpler and quicker that before (Joseph & Levinson, 2007).

Forensic packages are sealed and labeled with the date, time, patient's name, description and source of material, name of health care provider, and names and initials of all who handled or transferred the material. The documentation on evidence needs to be detailed to ensure the chain of custody. The labeling assists in the identification of the evidence and its hand-off to the ...