A firearm found at a crime scene is powerful physical evidence, particularly if a laboratory examination can
Question:
A firearm found at a crime scene is powerful physical evidence, particularly if a laboratory examination can definitively show that a projectile was fired from the firearm, and the firearm can be linked to a suspect. However, like all other evidences, firearm or ballistic evidence needs to be collected in a manner that satisfies the scientific as well as legal requirements necessary for preserving the integrity of the evidence for examination purposes. Scientific requirements include avoiding evidence contamination, and preserving evidence in the condition it was found in. Legal requirements include properly marking or labeling evidence so that it can be identified clearly at any point in time.
Assume you are the investigating officer at a crime scene. You pick up a gun by placing a ballpoint pen in the barrel, and then place the gun in a plastic bag. In addition, while picking up the gun, you accidentally discharge it.
On the basis of the case details, discuss and answer the following questions:
- What is the correct scientific and legal way of picking up a weapon at a crime scene?
- What are the class characteristics of the firearm and fired-bullet evidence? Could any of the class characteristics have been tampered with because of the manner in which you collected the weapon? Why, or why not?
- What are the individual characteristics of the firearm and fired-bullet evidence? Could any of the individual characteristics have been tampered with because of the manner in which you collected the weapon? Why, or why not?
- What kind of problems may possibly arise because of the way you picked up the weapon and because you accidentally discharged it?
- What may potentially happen if the weapon is collected in a scientifically correct, but not legally correct manner?
Business Law The Ethical Global and E-Commerce Environment
ISBN: 978-0071317658
15th edition
Authors: Jane Mallor, James Barnes, Thomas Bowers, Arlen Langvardt