Evidence
- Anything that can prove or disapprove a fact in contention. such facts may be anticipated based on applicable laws as well as prior experiences.
- They are used to prove guilt or innocence, identify victims and identify suspects.
- Body present for forensic necroscopy is evidence as anything is removed from body. Additionally, evidence may be present on the scene as well a on perpetrator (Criminal person).
- Evidence linkage diagram is used to illustrate how each piece of evidence is a means of linking the scene, physical evidence, victims and suspects.
- It should be understood that desire to collect item doesn’t equate to permission to collect item. For an item to be considered legally obtainable as a piece of evidence, it must be included in search warrant obtained by law enforcement.
- For example: There have been many cases in which bodies excavated from ground were determined to be inadmissible ( invalid) in court because search warrant doesn’t include areas “below ground”. In these cases, any evidence gleaned from body would also be considered inadmissible as a result of legal doctrine called “fruit of poisonous tree”. This doctrine holds that evidence gathered from illegally obtained information will also be excluded from trial.
- In addition to legal collection, items must also fall within other criteria in order to be accepted as evidence into a court of law. There are two basic criterial that forensic veterinarian and pathologist should be aware of :
- Item must be relevant to the case
- Item must meet conditions of authentication to be accepted as evidence in a court of law. In simple words, proof must be given to show that item in question is in fact what it is claimed to be. This is obtained through testimony of witness with knowledge.
- Chain of custody is documentation that must be maintained to record all who have come into contact with item.