1_FORENSIC CHEMISTRY & TOXICOLOGY

Forensic Chemistry

Application of chemistry to law enforcement or the failure of products or processes

• The branch of chemistry which deals with the application of chemical principles in the solution of problems that arise in connection with the administration of justice.

• That branch of chemistry which deals with the application of chemical principles in the solution of problems that arise in connection with the administration of justices. It is chemistry applied in the elucidation of legal problems.

• It is used in courts

Chemistry

Branch of science that deals with matter, its properties and the changes it undergoes.

• basic science that studies chemical principles

• science that studies that composition (pano nabuo) of matter (solid, liquid, gas)

Forensic Chemist

A person that practices Forensic Chemistry to aid in an investigation to solve legal problems

• can be called in as an expert witness in a court of law

Toxicology

Branch of science that defines the nature, effects and detection of substance that is present to a specific matter.

Forensic Toxicology

The use of Toxicology principles to aid Medico legal investigations of deaths and poisoning.

Forensic Specialist

A person that practices forensics such as; DNA Examiner, Ballistician, Forensic photographer and etc.

Dr. Edmund Locard

A French criminologist, the father of modern forensics and he established the world's first crime laboratory in Lyons, France (1910)

Prof. Mathieu Orfila

- Spanish toxicologist, chemist, medical professor in France, Father of modern forensic Toxicology.

• He also testify in court as expert witness against Madam Marie Lafarge, after poisoning her husband, Charles Lafarge with Arsenic. -

• He uses the chemical technique "Marsch test" to identify arsenic from the body of Charles LaFarge.

Republic Act No 754.

Chemistry Law

The practice of forensic chemistry in the Philippines, similar to other chemistry practices, is covered by _________Also known as the _______. This was enacted on June 18, 1952.

Registered Chemist

is any person who is engaged in the professional practice of chemistry, and is duly registered with the Board of Chemistry and the Professional Regulation Commission to undertake the professional practice of chemistry. Among others, a forensic chemist must:

• 1. Be able to spend hours rigorously applying analytical techniques to evidence,

• 2. Clearly and concisely answers challenges to his findings, and

• 3. Possess moral integrity.
  

• 1. Conduct qualitative and quantitative examination of dangerous drugs as well as volatile substances (Comprehensive Dangerous Drugs Act of 2002 or R.A. 9165 & Presidential Decree 1619).

• 2. Conduct examination of explosives and/or explosive ingredients (Presidential Decree 1866).

• 3. Conduct examination of firearms and paraffin casts to detect the presence of gunpowder nitrates or gunpowder residue (GPR).

• 4. Conduct gunpowder examination of clothing to verify possible gunshot distance .

• 5. Conduct chemico-toxicological examination of human internal organs, gastric contents, blood water, food samples, and other substances.

• 6. Conduct examination of fake products in case of unfair trade competition (e.g., bleach, cement, cigarette, beer or liquor brands, etc.)

• 7. Conduct blood alcohol determination

• 8. Examine urine and other bodily fluids for the presence of dangerous drugs.

• 9. Conduct research and training related to the cases being examined.

• 10. Deliver lectures on forensic chemistry and toxicology to police and military training centers, investigative units schools, and universities.

• 11. Testify and provide expert opinion in court as well as atter court duty as an expert witness.

• 12. Respond to queries of all investigative units and render expert opinion regarding matters related to the application of chemical principles, for the purpose of assisting investigators in developing investigative leads

• 13. Conduct field laboratory work and clandestine laboratory investigation.

Functions of a Forensic Chemist

SCOPE OF FORENSIC CHEMISTRY

1. include the chemical side of criminal investigation

2. analysis of any material, the quality of which may give rises to legal proceeding

Forensic chemistry is not limited to purely chemical questions involved in legal proceedings. It has invaded other branches of forensic sciences such as but not limited to the following:

• Legal Medicine

• Ballistics

• Questioned Document Examination

• Dactyloscopy

• Photography

I.) Called upon to solve problems of extremely varied and unusual nature

II.) May be requested for the purpose of developing investigative leads, establishing aggravating or mitigating circumstances

III.) Determining the degree of physical injury

IV.) Distinguishing murder from homicide and suicide

V.) Establishing facts constituting a criminal violation

• determining whether or not place/ location is a clandestine laboratory

• examination of marked bills (skin test/ fingerprint)

• taking paraffin test

ROLES OF THE CHEMIST IN SCIENTIFIC CRIME SCENE INVESTIGATION

• Go slowly

• Be through

• Take notes

• Consult others

• Use imagination

• Avoid complicated theories

GOLDEN RULES IN THE PRACTICE OF CHEMISTRY

• The chemist should personally collect all the specimens necessary for the examination

• The collection, preservation, and the transportation of the specimen are very essential in the investigation

• if not personally collected by the chemist, the specimen may be taken, handled, packaged in such a way as to render them almost useless for purpose of examination

• the chemist must know, not only the condition but even the precise position in which the object was found

• Can only be done if he is called at the commencement of the investigation and before anything is removed or disturbed.

• The chemist should go to the scene of the crime, make detailed examination, take notes and measurements, make sketches and if possible-take photographs

• The chemist should equip himself with all

A. COLLECTION OR RECEPTION OF THE SPECIMEN TO BE EXAMINED;

1. improper packing of specimen

2. failure of identification

3. improper precaution used in transmitting the specimen

Primary reason which may contribute to disaster of evidence

• Sufficiency of the Samples

• Standard for Comparison

• Maintenance of Individuality

• Labelling and Sealing

Principles in Collection, Transportation

• all articles must be properly labelled

• small fragments must be enclosed in a box, sealed (preferably in a sealing wax and thumbmark is imprinted while the wax is hot)

Labelling and Sealing

• Nature and source of the sample

• Date and time collected -

• Case Number, if any

• Name of the person collecting the sample

Labels may be placed on the box however string tags are.recommended. Labels must have ff. details

• Date received - 

• From whom received

• Nature of the articles

• Details of the identifying marks

Receiving the Articles from other Sources

• The reception of the articles should be immediately registered in the book including the ff:

• should not be opened except when the chemist assigned is present.

• If the articles received are badly packed/ inadequately marked and insufficiently secured, proper notations must be recorded and the attention of requesting party must be called.

Articles as a rule

• Complete description of its external appearance including the manner in which it is secured

• take a photograph of the specimen

• if opened, any inner wrappings should be described

• all wrappers should be kept and sealing preserved -

• Measure and weigh the object and all the measurements and weights must be recorded.

• The specimen is divided and one portion must be kept

• Chemical, microscopical, Physical testing

• After the examination, the remaining portion of the article/ the article itself must be sealed securely

Scrutinize the artice carefully and write the ff carefully

• Enumeration of the articles received for examination.

• Detailed description of packing sealing and labelling

• The purpose of examination

• Findings and conclusion

• Brief but sufficient record of all significant facts during the examination.

• Quantitative may not be necessary to reports the result to more than one decimal point except in cases of poisoning.

• The reports must be concise and clear.

• Copies of photographs must be attached.
  

Written report

• The evidences must be packed and sealed securely

• The articles must have cover letter addressed to the Director, National Bureau Investigation, be prepared in duplicate.

D. Court appearance

• Guide for Collection, Identification Preservation and Submission of Specimens to the NBI Chemical Lab

• detailed nature of the evidence forwarded

• kind of examination desired

• pertinent information

• One letter must be enclosed in the package and the other sent by mail

• Bulky specimen must be sent under separate cover

• In cases of poisoning, a copy of the autopsy report and complete clinical history The Forensic Chemist as an Expert Witness in Court

The letter must have the ff:

• education

• training

• experience

A forensic chemist can be called in as an expert witness in a court of law by virtue of the following qualifications: (ETE)

Education

one must be a licensed/registered chemist, preferably with a Master's or Ph.D. degree

training

one must have undergone______ and seminars in the field of forensics, and must be updated in the training of forensic chemistry procedures in and outside the country

Experience

one must have hands-on experience involving laboratory procedures and must know how to answer court inquiries about chemistry principles during court presentation. The forensic chemist, as an expert witness, must have sufficient and specialized knowledge in the forensic sciences beyond that of an average person, such that his or her expert opinion about a piece of evidence can be considered dependable on legal grounds

• 1. The testimony is based on sufficient facts or data;

• 2. The testimony is the product of the application of reliable principles and methods; and

• 3. The witness has applied the principles and methods reliably to the facts of the case.

A qualified expert may testify "in the form of an opinion or otherwise" so long as the following criteria are met

Physical evidence

• refers to any material object introduced in a trial for the purpose of proving a fact in issue based on its demonstrable physical characteristics. This includes all or part of any conceivable object.

• found at a crime scene in small but measurable amounts are called trace evidence. Such evidence include body fluids, DNA, fingerprints, hair and fibers, paint, glass, explosives, ballistics, impressions, questioned documents, and so on. The identification of physical evidence can help determine the truth during the investigation of a crime.

• Physical nature - microscopic, solid, liquid, gaseous, etc.

• Type of examination to be conducted - drug test, drug analysis, paraffin test, etc.

Physical evidence can be classified according to the following:

• DNA any tissue from the victim or suspect, such as hair, fingernails, bones, teeth

• Body fluids- saliva, blood, sweat, semen, and urine of the victim of suspect

• Impressions tool marks, shoe prints, fingerprints, bite. marks, tire tracks, etc.

• Weapons characteristics of firearms, ammunitions. and residue, chemical composition of explosives, etc.

• Questioned documents printing method or paper and ink used in forged documents, handwriting style, counterfeit bills, ransom notes, etc.

• Miscellaneous trace evidence, such as dust and dirt, fibers, soil, glass, paint, skeletal remains, fracture matches, etc.

There are several types of physical evidence that are likely to be found at the scene of a crime, and can be analyzed scientifically including those listed below.

• It has already been mentioned that physical evidence is much more reliable than testimonial evidence, and the value of the former over the latter is enumerated below.

• Human factor Compared with testimonial evidence, which may change, physical evidence "can't lie, quit, die, forget, or get fired, in addition, the source of testimonial evidence may also be lost, thus losing the connection between the original and the court version

• Physical properties Physical evidence cannot change, whereas testimonial evidence is based solely on interpretation that can change or be erroneous

Value of Physical Evidence

• Establish proof beyond reasonable doubt;

• Establish probable cause, and

• Establish a suspect's presence at the crime scene.

Circumstantial Variability If any type of physical evidence is found and subsequently associated with a suspect where he or she had no right to be, then upon proper identification, the evidence may:

• Have no significance, and

• Provide leads to follow in order to establish the case via other sources

If the physical evidence is found for a period during which a suspect may have had legitimate right to be (i.e., innocent access, then the evidence may

scene of the crime operation (SOCO) team

must have several main goals in mind during the process of collecting evidence from a crime scene. reconstruct the crime, identify the person who committed the crime, preserve the evidence for analysis, and collect such evidence in a way that will make them stand up in court.

Trace Evidence

• constitute the most common type of physical evidence, which an investigator and/or crime scene specialist is likely to encounter. Trace evidence refers to microscopic materials found at a crime scene, such as hair, blood, glass particles, foot/tire impression, fiber, or paint, to name a few. Most pieces of evidence are collected and placed in paper containers, such as envelopes, packets and bags, whereas liquid items are transported in leak-proof and non-breakable containers. Meanwhile, evidence for cases of arson are usually placed in air tight metal canisters. Only large quantities of dry powder should be collected and stored in plastic bags, while moist or wet evidence (blood, pants, etc, from a crime scene can be collected in plastic containers at the scene itself and then transported back to an evidence receiving area if the shortage time in plastic in two hours or less.

• This is done prevent contamination of other pieces of evidence in the scene. Once it is placed in a secure location, wet evidence whether packaged in plastic or paper must be removed and allowed to completely dry at ambient temperature.

• That evidence can then be repackaged in a dry paper container is important to note that evidence containing moisture should not be packaged in plastic or paper containers for a period exceeding two hours. This is because moisture facilitates the growth of microorganisms, which can destroy or alter the quality of the evidence collected.

• Trace evidence might also include illicit drugs, chemicals, paint and gun-shot residues (GSR), and glass. A SOCO member can also use a pair of tweezers, lidded plastic containers, a filtered vacuum device, and even a simple knife to expertly collect trace evidence. The investigator should also have a biohazard kit on hand, which contains booties, face mask and gown, disposable latex gloves, and a biohazard waste bag.

Sufficiency of sample

sufficient weight, volume, or pieces of sample for analysis should be submitted so that a series of lab tests can be performed

Standard for comparison

a standard should be submitted so that comparative analysis can be performed and facilitate the evaluation of unfair trade completion.

Maintenance of individuality

different specimens should be packed individually prevent to contamination.

Labeling and sealing

individually packed specimens should be labeled and sealed properly to avoid confusion in the preparation of requests and documentations.

Chain of Custody

refers to a written record of all the individuals who maintained unbroken control over certain items of evidence, collected from a crime scene. This establishes the proof that the items of evidence collected at the crime scene are the name items being presented in a court of law, hence validating their origin.

• The date and time at which the evidence was handled

• Those who had contact with the evidence;

• What changes, if any, were made in the evidence; and

• The circumstances under which the evidence was handled.

The so-called "chain of custody" aims to establish several things

Evidence Custodian

is the person responsible for preserving the chain of custody of each item of evidence submitted by the examiner, he or she ensures the security and integrity of such evidence. The evidence custodian is also responsible for receiving inventories, logs, stores, packages, and issues and providing assistance in the release of that adjudicated piece of evidence. Furthermore, the custodian must keep the evidence safe by placing it inside the evidence room.

evidence room or property room

refers to a secure facility or room, in which evidence related to criminal cases or investigations are stored. The evidence custodian always has direct supervision of this room. The evidence room is often located inside the forensic laboratory itself, and is used to store old evidence. It is also used to store physical evidence apart from transcripts, recordings, and other supporting information. Sometimes, case files are also stored in the evidence room, depending on the organizational structure of the department. The contents of the evidence room are stored and organized through a datábase that has references for all items stored in the room, along with notations indicating their specific locations.

ORDINARY WITNESS


• He must have the organ and the power to perceive

• The perception gathered by his organ of sense can be imparted to others

• He does not fall in any exception provided by law (Rules of Court)

EXPERT WITNESS

• The opinion of the witness regarding a question of science, art or trade where he is skilled, therein may be received in evidence. NOTES:

• An ordinary witness can only state what his senses perceived while an expert witness may state what he has perceived and also give his own opinion, deductions and conclusions to his perception.

• An ordinary may not be skilled in the line in which he is testifying while an expert witness must be skilled in the art, science or trade that he is testifying -

• An ordinary witness cannot testify on things or facts that he has not perceived except those provided by law while an expert witness may testify on things which he has not seen by giving his opinion, deductions or conclusions on the statement of facts.

The court is/ is not bounded by the conclusion of the expert depending upon the nature of subject of inquiry. -

• Subject comes within the general knowledge of the judge, the latter will not be bounded by the conclusion of the expert (ex. genuiness of the letter). -

• The subject of inquiry is such of a nature that a layman can have no knowledge thereof. (ex. determination of parentage by blood testing).

PROBATIVE VALUE OF AN EXPERT WITNESS

• degree of learning

• basis and logic of his conclusion

• proof of the case

In weighing the testimony of the expert witness, the following circumstances are considered: