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Module 13. Lesson Proper

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27 views

Module 13. Lesson Proper

Uploaded by

mabbagueduard2002
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CDI 3 – Specialized Crime Investigation 2 with Simulation on Interrogation and Interview

MODULE 13: Admissibility of Evidence Page 1 of 3

REQUIREMENTS FOR ADMISSIBILITY

● Requirements for Admissibility


The U.S. Supreme Court, in the case of Daubert vs. Menell Dow Pharmaceuticals (1993) came up
with a test of reliability and directed that trial judges are to consider tour factors when determining
the admissibility of scientific evidence, to wit:
A. whether the theory or technique can be tested
B. whether the proffered work has been subjected to peer review
C. whether the rate of error is acceptable
D. whether the method at issue enjoys widespread acceptance.

This Daubert Test was adopted by the Philippine Supreme Court when it finally accepted the result
of DNA testing as admissible evidence.

Scientific Tests Judicially Accepted:


▪ Paraffin Tests
▪ Firearms Identification Evidence or Ballistic Test - to determine whether a bullet was fired from a
particular gun.
▪ Questioned Document Test and Handwriting Analysis
▪ Drug Tests on a Person
▪ Toxicology or Test of Poison
▪ Psychiatric Examination
▪ Voice Identification Test
▪ Finger Printing
▪ Identification through Dentures
▪ Genetic Science such as DNA or Blood Test

Note: Lie Detection Test: The result is not admissible as evidence in the Philippines

Chain of Custody
⮚ The Chain of custody of an item of evidence shows its entire history starting with its initial
discovery, collection, packaging, transportation, examination, storage, and presentation in court.
Generally, in order for evidence to be admissible in court of law, strictly accountability must be
established to show where, when, and how an item of evidence was collected.
CDI 3 – Specialized Crime Investigation 2 with Simulation on Interrogation and Interview
MODULE 13: Admissibility of Evidence Page 2 of 3

Basic Principles of Evidence


1.Individuality
It is what makes one thing different from all others similar to it. An individual has thousands of
characteristics that are common to other people. However, every human being has many physical
characteristics, such as fingerprints, ear prints, prints, handwriting, and DNA that make him/her
unique.
2.Class Characteristics
Evidence that can only be identified by placing it into a particular class, regardless of the amount
or thoroughness of examination, is known as evidence with only class characteristics. A definite
identification as to its source can never be made, since there is a possibility of more than one source for
this evidence.
3. Probability
The probability that a combination of independent events will occur is the product of individual
probabilities. Thus, the probability of association with a particular situation may be very high when
a number of separate factors are found to correspond.
4.Rarity
Recognizing the rarity of time, place, and circumstances associated with physical evidence found
in or near the crime scene is a developed skill.
5.Theory of Transfer
When two objects come into contact, there will frequently be a transfer of small amounts of
material from one to the other. Thus, when suspect/s come in contact with the victim and objects at
the crime scene, they frequently leave behind traces of themselves and take with them traces of
any objects touched. This also applies to police officers and crime scene specialists. Materials
CDI 3 – Specialized Crime Investigation 2 with Simulation on Interrogation and Interview
MODULE 13: Admissibility of Evidence Page 3 of 3

transferred in this way are normally referred to as trace evidence.

Comparisons
The most definite point of comparison between objects is an obvious physical match. By matching
the two pieces the crime scene specialist is able to prove a connection between not only the items,
but frequently the suspect and the crime scene, or the suspect and the victim of the crime.

Main Sources of Physical Evidence


1.The Crime Scene
The crime scene is usually the focus of the preliminary investigation and also the primary source of
physical evidence. However, it is also an area with the greatest potential for the destruction or
contamination of evidence.
2.The Victim
The victim of a crime is often a potential source of physical evidence, particularly in the case of sex
crimes Hair, fibers and biological fluids are all potential evidence and need to be collected following
establish protocol.
3.The Suspect and His/Her Environment
The suspect and his/her environment can be prime sources of physical evidence just as the victim of
a sexual assault will most likely possess physical evidence, the suspect is no different.

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