What Happens if the Government Fails to Protect and Document a Crime Scene?
The purpose of documenting a crime scene is to be able to reconstruct it so that it can be used as a part of the broader criminal investigation, to maintain evidence and also to be dependable and useful at trial. For example, when it comes to photographing footprints and tire tacks, it is essential to acquire all of the detail necessary to reach proper conclusions. If this is done improperly and missed completely, it can create limitations in forensic comparison and may create broader questions about the police investigation. What happens if they never go to the crime scene? What happens if they never collect clothing? What happens if they never take DNA or check for latent prints? If you are facing serious criminal charges in Minnesota and forensic examinations may play a significant role, make sure that you consult with an experienced Minnesota criminal defense attorney. Better yet, make sure that that criminal defense attorney is also a Board Certified Criminal Law Specialist.
“Sometimes, it is about bad analysis. Sometimes, its about no analysis at all. After all, the Government has the burden of proof.”
While forensic analysis has many aspects, for purpose of this article is to look at what happens when the government fails to fulfill their obligations and properly investigate their cases and does limited or even no forensic exams of a crime scene. What should they have done? Remember, poor collection and documentation means limited or poor analysis. Junk in, junk out. Its also important to remember, it is not just what they did but what they failed to do.
When Conducting a Crime Scene Investigation, What Did the Government Do and What did they Fail to Do?
While every case is different, there are certain standards when it comes to crime scene analysis to which the Government must be held. These include:
Protecting a crime scene;
Make sure that it is uncontaminated until it is recorded and collected;
Collecting evidence.;
Going to the crime scene to document evidence of disruption;
Taking photographs carefully. The care used when dealing with DNA or prints should be used here.
Taking photos directly over the impression. This provides scale without distortion.
Using a ruler, an L shaped ruling if possible, in order to provide size. Sometimes, if none is available use something of a known size like a dollar bill to help determine size later.
Take multiple photographs from multiple angles and use lighting from difference sources.
Collecting evidence for later testing for DNA;
Collecting evidence for later testing for fingerprint evidence;
While this is not a complete list, the purpose is to insure a thorough analysis from all angles. A limited job will provide limited results. From a defense perspective, a poor job in documenting a crime scene can be attacked in itself, allows for attacking the analysis that comes from that crime scene and can even be used to question the legitimacy of the Government’s entire criminal investigation. The net result could be the exclusion of evidence or even dismissal of the case.
“If the Government fails to do proper forensic analysis or does none at all, the can be powerful evidence for a jury.”
If you are facing serious criminal charges in Minnesota, forensic evidence can be important. This can include crime scene photos. photos of injuries, DNA analysis, blood evidence, latent print evidence and more. If this is done poorly, it brings into question the legitimacy of the entire investigation. Make sure you sit down with an experienced criminal defense attorney to discuss your case.
Go with the Best
Jack Rice is a nationally recognized and award winning criminal defense attorney and Board Certified Criminal Law Specialist. He is also a former prosecuting attorney and CIA Officer. Jack is also the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.