Evidence Collection
Evidence collection is gathering evidence by one or more people, usually to support a legal claim. Evidence collection may involve interviewing witnesses and others who know facts relevant to a case, photographing and videotaping physical evidence, examining documents and records, or questioning suspects (Bell, 2019). The types of evidence collection involved are physical evidence, such as fingerprints and blood stains, testimonial evidence, and oral testimony from witnesses. Evidence collection involves conducting contextual analysis to collect as much factual information as possible, including searching, collecting, and organizing all data within this scope.
Locard’s Principle
Locard’s principle is a sampling theory that states that all physical evidence moves back and forth between two places with equal probability (Byard, 2022). This means nothing is blocking or filtering between the source of the evidence, its point of origin, and its analysis by experts. Law enforcers apply this theory hoping to catch a criminal who has committed a crime by collecting samples from several locations and then analyzing them for further clues about the suspect’s identity.
The principle was developed by Dr. Edmond Locard and published in France in 1925 (Byard, 2022). The theory explains that every person has within their body either the profile fragment of a fully formed microorganism or at least one specific structure for a particularly known organism. When collecting evidence in an investigative setting, it is the smallest trace evidence from the scene contaminating that area, for instance, by taking fingerprints, bloodstains, or other bodily fluids from the location where they are collected.
Locard’s principle says that some form of contact forever links all materials that come into contact with each other and will retain a trace. This principle is important when searching for clues at crime scenes because much of the evidence can be found on surfaces such as clothing or floors (Byard, 2022). When someone comes in contact with something, they leave traces of their DNA.
The traces can be found in their fingerprint, hair, or blood. For example, in a rape case, the victim can be examined to collect evidence in semen. The victims are advised not to clean themselves immediately after they are attacked because cleaning can wipe out important evidence. Dr. Locard’s the principle provides a sketch of identifying and collecting evidence from a crime scene.
Basic Steps in Evidence Collection
The investigators analyze the nature of each piece of evidence, including when it was created. They later organize the collected data into statements that can be used as support or opposition to the hypothesis. Collecting evidence begins with establishing the most important items and pieces from a crime scene (Bell, 2019). The investigators then take photos and documents of key elements and scenes to be properly analyzed.
The evidence is then properly placed in something secure like a zip bag, envelopes, or a clean tin and closed well to avoid tampering. The bag or envelope carrying the evidence is labeled with the victim’s name, date, and crime scene. The labeling is to avoid mix up or misplacement in the lab. The examiners also write their names and signature on the envelope. The evidence collected is then handed over for transportation to a forensic lab. The person transporting the evidence should protect it from outside exposure to avoid contamination.
Importance of Chain of Custody
Chain of Custody is the principle used to ensure that sample evidence collected from the crime scene remains accurate, consistent, and reliable and maintains integrity (Badiye et al., 2022). Chain of Custody is the documentation and procedures to ensure that an item of evidence is recorded securely at each stage of its collection, transport, treatment, and analysis. Chain of custody is a vital principle of evidence collection, storage, and preservation that must be understood by anyone concerned with the handling of property or data.
The chain of custody is fundamental because it helps maintain the evidence’s integrity (Badiye et al., 2022). The person assigned to handle the sample is expected to protect it from exposure and ensure nobody else can access it. The chain of custody is a lifeline for any investigation or litigation and should be treated cautiously.
Those assigned to handle the evidence should ensure everything is kept. For example, at a murder crime scene, the investigators should put on hand gloves when touching things like the murder weapon to avoid adding their fingerprints to it. The chain can be as short as a parking lot attendant who receives a bag from an accident scene and places it in a patrol car before turning it over to the police detective on duty, or it may include thousands of people from start to finish, including the person who reported discovering something suspicious while on the job (Kleypas et al., 2021).
The ability to trace the record of transfer and analysis shows the transparency required in the chain of custody concept. Transparency in the chain of custody helps in accountability, and in case of misplacement, the person who lost it would be held responsible (Badiye et al., 2022).
Importance of Nurses Being Familiar with Evidence Collection
Nurses are tasked to care for patients, which requires them to make decisions and take actions that are in the interests of their patients. Nurses are involved in evidence collection as a part of the patient care process. They must be familiar with the various evidence-collection methods and their relevance to nursing practice. Nurses are expected to be familiar with evidence-collection procedures when dealing with a patient in the emergency department.
Nurses are left to collect and preserve evidence from a patient involved in a crime (Kelishami et al., 2022). For example, the nurses collect their body fluids for forensic analysis if a patient is involved in a crime, whether the victim or perpetrator. Nurses need to be trained in handling forensic evidence when dealing with a patient involved in a crime. Nurses should be able to recognize potential evidence, identify potential victims and crime scenes, understand how to document or photograph evidence and record patients’ statements and explain the steps needed in reporting suspected false confessions or convictions.
If a nurse is familiar with evidence collection, they will know how to handle evidence and not destroy anything important in a forensic examination, like blood or semen (Manning et al., 2022). Nurses should be familiar with forensic evidence collection techniques and their importance in daily practice. The nurse’s role is to provide care, comfort, and safety for patients under their care (Wolf et al., 2022). However, it is not always possible to give the best care when dealing with a patient who has experienced trauma such as an assault or sexual assault or who may have been involved in an accident or deadly crime.
To provide safe and ethical care, nurses must also investigate abuse accusations against their patients or others involved. Patients mostly trust nurses, and with the right knowledge of forensics and evidence collection, they can talk to victims of a criminal act and help them calm down to share what happened to them.
Clinical and Forensic Knowledge Difference between Physicians and Nurses
Clinical and forensic knowledge differences between physicians and nurses are based on their educational background, clinical experience, and training. The role of a nurse is different from that of a physician, as nurses are trained to provide patient care. Physicians attend medical school for many years, after which they must pass board exams, then train in various specialty areas such as pediatrics, organology, and surgery.
Clinical knowledge relates to the patient’s health, while forensic knowledge refers to any information relevant to the prosecution or defense of a crime (Manning et al., 2022). Physicians and nurses may be expected to use this special expertise, but it is rarely required initially. Therefore, they should have a good balance between clinical and forensic knowledge.
Clinical knowledge includes knowing how to treat a patient. Forensic evidence collection is more specific and requires more technical skills to identify the cause and origin of an injury or death (Wolf et al., 2022). For example, if a doctor believes that someone was murdered, but the report indicates that it was suicide as a cover-up for the death, the patient’s relatives may request an autopsy to determine if other factors contributed to the death.
Physicians are well equipped with clinical knowledge but should be trained in identifying and reporting cases like rape that need a forensic eye (Kumar et al., 2022). The major difference between physicians and nurses in forensic knowledge is that nurses are more likely to calm a patient who is a victim of a crime than a physician. Nurses are trained to handle patients who have experienced a traumatic event and calm them down easily. Patients are highly likely to open up about their ordeal when a nurse is around than when a physician or doctor is present.
Conclusion
Nurses are frequently involved in the collection and preservation of forensic evidence. By providing awareness, education, and training in this area, nurses can provide a more comprehensive service to anyone involved in a crime or disaster. Evidence collected should be supported for the best result to be established. Any outside contact can add or remove useful components in the investigation.
References
Badiye, A., Kapoor, N., & Menezes, R. G. (2022). Chain of custody. In StatPearls [Internet]. StatPearls Publishing https://www.ncbi.nlm.nih.gov/books/NBK551677/
Bell, S. (2019). Forensic Science: An Introduction to Scientific & Investigative Techniques. CRC Press.
Byard, R. W. (2022). Vehicular Locard’s principle and patterned tire markings. Journal of forensic sciences, 67(2), 806-808 https://doi.org/10.1111/1556-4029.14913