PRE-PLANNNING IN CRIME SCENE MANAGEMENT: A SEARCH OF CRIMINOLOGY EVIDENCE

BY

MAHENDRAN SHARMA JAIRAM

A dissertation submitted in fulfilment of the requirement for the degree of Master of Protective Security Management

Kulliyyah of Information and Communication Technology International Islamic University Malaysia

JUNE 2015

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ABSTRACT

This research elaborates major concerns of pre-planning in Crime Scene Management in search of criminology evidences gathered from specific crime scene investigation processes until the end of reconstruction of crime scene. The ultimate purpose of this analysis to identify imperfections in each preliminary level of administrating and managing the crime scene investigation while refers to Dr. Edmond Locard’s

Principle as a primary benchmark. Crime scene investigation is a subset of crime scene management. The basic steps of crime scene investigation are to emphasize and implement the procedures without fail. Hence, the measurement criteria on the pre-planning of crime scene management to be determined based on the process flow by specializations. One of the important elements is an approach or methodology to collect sources of information during the crime scene investigation but major is a capability of crime scene investigator to ensure those mentioned evidences and exhibits carefully handled. Successful of prosecution in any criminal hearings are rely heavily upon physical evidence discovered at crime scene and degree of effectiveness of crime scene management tremendously. Therefore, it is an essential for crime scene investigator to obtain certain criteria on proper crime scene management methods, techniques and applications. Suspect or an offender may escape from further accusations if crime scene management processes not applied in sequences and poor handling of crime scene investigation steps at time, perhaps will cause unnecessary confusion and conflict during the prosecution may resulted in suspect or an offender acquitted without further queries. As crime scene investigator must be sensitive towards overall scene processes and react professionally in coordinating of evidence management. The proper managing of crime scene investigation processes could link and support the investigator to determine the character of suspect through by testimonial evidences such as verbal statement taken from victim(s) or witnesses(s). Nevertheless, physical evidence as main targeted input in crime scene investigation usually found at the primary crime and secondary scene consists of many types such as human fingerprints, biological materials, paint chips, fibers, glass fragments, used weapons, accelerant and anything carefully or negligently utilized by the suspect at the crime scene. This dissertation paper literary aspire to provide the Crime Scene Investigator the important principles, notable steps and predominant in crime scene management and it effectiveness towards the end of the complying integrity investigation report.

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ABSTRACT IN ARABIC

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APPROVAL PAGE

I certify that I have supervised and read this study and that in my opinion, it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a dissertation for the degree of Master of Protective Security Management.

………………………………..………. Amidon Bin Anan Supervisor

I certify that I have read this study and that in my opinion, it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a dissertation for the degree of Master of Protective Security Management.

………………………………..………. Nurul Nuha Binti Abdul Molok Examiner

This dissertation was submitted to the Department of Centre for IT Advancement and is accepted as partial fulfillment of the requirements for the degree of Master of Protective Security Management.

………………………………..………. Lili Marziana Binti Abdullah Head, Department of Centre for IT Advancement (CITA)

This dissertation was submitted to the Department of Centre for IT Advancement and is accepted as partial fulfillment of the requirements for the degree of Master of Protective Security Management.

………………………………..………. Abdul Wahab Bin Abdul Rahman Dean, Kulliyyah of Centre for IT Advancement (CITA)

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DECLARATION

I hereby declare that this dissertation is the result of my own investigation, except

where otherwise stated. I also declare it has it not been previously or concurrently

submitted as whole for any other degrees IIUM or other institutions.

Mahendran Sharma Jairam

Signature………………………………. Date…………………………

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COPYRIGHT PAGE

IINTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

DECLARATION OF COPYRIGHT AND AFFIRMATION OF FAIR USE OF UNPUBLISHED RESEARCH

Copy right © 2015 Mahendran Sharma Jairam. All rights reserved.

PRE-PLANNING IN CRIME SCENE MANAGEMENT IN A SEARCH OF CRIMINOLOGY EVIDENCE

No part of this unpublished research may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission of the copyrights holder except as provided below.

1 Any material contained in or derived from this unpublished research may only be use by others in their writing with due acknowledge.

2 IIUM or its library will have the right to make and transmit copies (print or electronic) for institutional and academic purposes.

3 The IIUM library will have the right to make, store in a retrieval system ad supply copies of this unpublished research if requested by other universities and research libraries.

Affirmed by Mahendran Sharma Jairam ……………………………… ……………….. Signature Date

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ACKNOWLEDGEMENTS

Basically, this dissertation paper is resolute to my wife Telvinderjit Kaur, who has been my innovation throughout my several years of studies since year 2011. I believe, couldn’t have finished this dissertation paper because of my wife who inspired me to overcome the challenges under very tough obstacles. Nevertheless, I also want to thank all my daughters Zeeya, Zimrhan and Zeeshah for their understanding and supports ever since pursuing my further studies.

Firstly, I want acknowledge to ‘God’ who bless and allow me with the needs and ability to complete this dissertation paper.

Secondly, I want to express my appreciation to my supervisor, retired Police Officer of Royal Malaysia Police Supt Amindon Bin Anan for his greatest assistance and Forensic guidance’s throughout my 3.5 years studies.

Thirdly, I would to express my sincere concern to Dr. Lili Marziana Abdullah from Kulliyyah of Information and Communication Technology for her consistent mentoring and being as greatest motivator during the preparation of this dissertation paper.

Lastly, but absolutely not least I would like thank all the Crime Scene Investigators and Practitioners of State of Selangor and Kuala Lumpur Police Contingent who contributed in this research.

These dissertations consolidate the philosophy “Speculated impossible,

possible to trace”.

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TABLE OF CONTENTS

Abstract .................................................................................................................... ii Abstract in Arabic .................................................................................................... iii Approval Page .......................................................................................................... iv Declaration ............................................................................................................... v Copyright Page ......................................................................................................... vi Acknowledgements .................................................................................................. vii List of Tables ........................................................................................................... x

List of Figures .......................................................................................................... xi List of Abbreviations ............................................................................................... xii CHAPTER ONE: INTRODUCTION ................................................................. 1

1.1 Background of the Study ........................................................................ 1 1.2 Research Problem ................................................................................... 2 1.3 Research Questions ................................................................................. 2 1.4 Objectives of research............................................................................. 2 1.5 Scope of Study ........................................................................................ 3 1.6 Research Design ..................................................................................... 4 1.7 Chapter Organization .............................................................................. 4

CHAPTER TWO: LITERATURE REVIEW .................................................... 5

2.1 Locard Exchange Principle ..................................................................... 5 2.2 Crime Scene Management ...................................................................... 6

2.2.1 Principles in Crime Scene Management ....................................... 8 2.2.2 Organization Chart of Crime Scene Investigation ........................ 9

2.2.2.1 Team Leader ..................................................................... 10 2.2.2.2 Scene Recorder ................................................................. 11 2.2.2.3 Scene Sketcher .................................................................. 12 2.2.2.4 Scene Photographer .......................................................... 13

2.2.2.5 Evidence Collector ........................................................... 14 2.2.2.6 Exhibits Packager ............................................................. 15

2.2.2.7 Transporter of Evidence ................................................... 15

2.2.3 Standard Operating Procedures of Crime Scene Investigation ..... 17

2.2.3.1 Preparation ........................................................................ 17

2.2.3.2 Execution of Crime Scene ................................................ 18 2.2.4 Mental and Physical Resilience .................................................... 21

2.2.5 Equipment of Crime Scene Investigation ..................................... 21 2.2.6 Roles of First Responder ............................................................... 23 2.2.7 Roles of Crime Scene Officer (CSO) ............................................ 24 2.2.8 Documentation of Crime Scene Investigation .............................. 26

2.2.8.1 Notes Writer ..................................................................... 26

2.2.8.2 Sketching .......................................................................... 29 2.2.8.3 Photograph ........................................................................ 31

2.2.9 Evidence Management .................................................................. 33

2.3 Crime Scene Investigation ...................................................................... 33 2.4 Crime Scene Reconstruction (CSR) ....................................................... 36

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CHAPTER THREE: RESEARCH METHODOLOGY ................................... 41 3.1 Qualitative Research: Interviews, Observations & Documentary .......... 41

3.1.1 Research question number 1. ........................................................ 42 3.1.2 Research question number 2. ........................................................ 43 3.1.3 Research question number 3. ........................................................ 43

3.2 Ethical Factors ........................................................................................ 45 3.2.1 Harmless and riskless .................................................................... 45 3.2.2 Permissions ................................................................................... 45 3.2.3 Privacy protected........................................................................... 45 3.2.4 Integrity of Information ............................................................... 46

3.3 Conclusions ............................................................................................ 46

CHAPTER FOUR: DATA ANALYSIS & FINDINGS ..................................... 47

4.1 Data Analysis .......................................................................................... 47 4.2 Findings .................................................................................................. 48

CHAPTER FIVE: CONCLUSION ..................................................................... 51

5.1 Introduction............................................................................................. 51 5.2 The answers to the Research Questions.................................................. 52

5.2.1 Research Question 1...................................................................... 53 5.2.2 Research question 2 ...................................................................... 54 5.2.3 Research Question 3...................................................................... 55

5.3 Crime Scene Management in Islamic Perspective.................................. 59 5.4 Limitation of Research ........................................................................... 63

5.5 Future Research ...................................................................................... 63 5.6 Implications to Research ........................................................................ 64

REFERENCES ....................................................................................................... 66 APPENDIX A RESPONDENT’S QUESTION FORM .......................................... 69 APPENDIX B RESEARCH PERMISSION LETTER ............................................ 73

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LIST OF TABLES

Table No. Page No.

4.1 Respondent’s Feedback 48

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LIST OF FIGURES

Figure No. Page No.

2.1 Photograph of Dr. Edmond Locard 5

2.2 Crime Scene Investigation Members (D.P.Lyle, 2004) 10

2.3 Chain of Crime Scene 34

2.4 Fundamental of Crime Scene Reconstruction 36

2.5 Photograph of Hyo Jung Jin 38

2.6 Photograph of In Hea Song 39

4.1 Respondent’s Analysis 49

5.1 Crime Scene Fundamental Flow 56

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LIST OF ABBREVIATIONS

Actus Reas A criminal act, considered as separate from the intentions or state of mind of the perpetrator.

Mensrea A guilty mind, a conscious knowing by the perpetrator that the act

he/she committed was illicit

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CHAPTER ONE

INTRODUCTION

1.1 BACKGROUND OF THE STUDY

A crime scene is a location where a crime took place (or another location where

evidence of the crime may be found) and comprises the area from which most of the

physical evidence is retrieved by law enforcement personnel, crime scene

investigators (CSIs) or in rare circumstances, forensic scientists. Crime scenes may or

may not be where the crime was committed. There are different levels and types of

crime scenes committed. For example, there may be a dead body on a motel-room

floor, a weapon 4 feet away and am apparent assailant sitting stupefied in a corner of

the same room. This is a scene of a crime but not a crime scene. Sometimes, the crime

scene actually more than criminal imagination. It may be confined to that one room

and it could include the whole motel or the entire building. It may also cover the route

through the city used by the murderer to reach the room or the interior of the cab hired

by the victim to transport drugs earlier in the day (Moore, 2004).

Some crime scenes are far bigger than this, for an example the air crash

investigation. The scene of the crime may be tiny, perhaps restricted to a certain

location or place that can take away in its entirety for further examination. If a hand

phone, which possible slipped into a plastic bag. Whatever the extent of the scene,

there are some basic principles that must be practiced from the moment the police

arrive in order to sustain the effectiveness of crime scene management (G.Eckert,

1980).

Hence, beside the toughness factor in modus operandi of the criminals, there

are also other related important factors to be highlighted pertaining pre-planning of

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managing crime scene management such as inconsistency in the existing crime scene

procedures, manpower segregation, capabilities of technologies, coordination among

the law enforcement agencies and other technical matters.

1.2 RESEARCH PROBLEM

The researcher is looking forward to be more dynamic and determine in sense of

managing crime scene management without comprising some of the important

procedures and other external factors in crime scene investigation based on Locard’s

Exchange Principle which formulated the basic concept of forensic science ‘Every

contact leaves a trace’, ultimately this research is an initiative to solve practical

complications and to improve the contemporaneous procedures (Justice, 1999).

1.3 RESEARCH QUESTIONS

The researcher has prepared and raised few research questions in order to address the

research problems. The researcher has formulated the following research questions to

solve the research problems:

a. What are the important processes of crime scene management?

b. What makes crime scene management effective?

c. What are the pitfalls of crime scene management?

1.4 OBJECTIVES OF RESEARCH

The researcher aims to evaluate and interpret pre-planning of crime scene

management in search of criminology evidence. Based on the research (Petersilia,

1975) appropriate justification is required to determine purpose of conducting

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transgression research, apart from that not worth for money and time spent on

unproductive research and analysis.

The main reason of preparing this dissertation paper is an initiative to solve

practical complications and to improve the existing procedures in crime scene

management. Nevertheless, other secondary factors also to take into consideration in

formulating this dissertation paper as per below:

a. Researcher interested to assess current procedures applied in processing of

crime scenes in order to verify the strength and weaknesses, furthermore

analyze to improvise this procedures stagnantly (Moore, 2004).

b. Researcher also interested to inspect how the investigator within our

nation processing specific crime scene for evidence recovery. In order to

complete this, researcher has spent 3.5 years and conducted literature

review extensively as part of continues effort to adventure filed of crime

scene management referring to Locard’s Principle of Exchange (William

G.Eckert, 1980).

c. Researcher believes some of the international guidelines in crime scene

management to be adopted as good practice in Malaysia. This has been

implemented by suggesting several procedures to boost the performance

and improve successful of accusation rate in criminal court cases or

hearings.

1.5 SCOPE OF STUDY

The researcher only focuses on the processes starts from the time crime scene

investigator arrives until the time crime scene area unrestricted for public access. The

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determination of crime scene management processes begins before, present and after a

crime occurred (Moore, 2004)

1.6 RESEARCH DESIGN

The researcher used most practical research design which is related to direct

observation and concentrated interview session. An empirical research design will be

more appropriate and significant throughout the research. The research initiated a

simple investigation at the ground and focusing on the personal experiences of crime

scene investigators. An empirical design is an ideal methodology based on personal

experience shared by the crime scene practitioners. Therefore, the researcher only

focused on crime investigators with crime scene investigation experiences and

practice crime scene management as whole systems in daily task.

1.7 CHAPTER ORGANIZATION

a. Chapter 1: Introduction

b. Chapter 2: Literature Review – Locard Exchange Principle

c. Chapter 3: Research Methodology

d. Chapter 4: Data Analysis & Findings

e. Chapter 5: Conclusions

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CHAPTER TWO

LITERATURE REVIEW

2.1 LOCARD EXCHANGE PRINCIPLE

Locard Exchange Principle also recognized as Locard’s theory was Locard exchange

principle, also known as Locard's theory, was hypothesize by Forensic Scientist

Doctor Edmond Locard in 20th century (Feller, 17 June 2008). Figure 1 shows the

photo of Doctor Edmond Locard. Fundamental of Locard’s principle explains the

perpetrator(s) of a crime comes into contact at scene resulted he/she deposited or

remove any silent trace elements remain as factual evidence or exhibit (Roux,

Crispino, & Ribaux, 2012).

Figure 2.1 Photograph of Dr. Edmond Locard

Locard’s Exchange Principle, how this theory exactly useful? Why Locard’s

Exchange Principle? Why does it related to crime scene management? Dr. Locard had

the philosophy of ‘Every contact leaves a trace’ and quoted further:

“Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as a silent witness against him. Not only his fingerprints or his footprints, but his hair, the fibers from his clothes, the glass he breaks, the tool mark he leaves, the paint he scratches, the blood or semen he deposits or collects. All of these and more bear mute

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witness against him. This is evidence that does not forget. It is not confused by the excitement of the moment. It is not absent because human witnesses are. It is factual evidence. Physical evidence cannot be wrong, it cannot perjure itself, and it cannot be wholly absent. Only human fail to find it, study and understand it can diminish it value” (T.Miller, 2006).

This principle of Locard’s specified the important of crime scene management

on basic planning and strategy in crime scene investigation more result oriented rather

than depending on the sophisticated forensic technology. Based on the Locard’s

Principle of Exchange, proven that only the Crime Scene Investigator unable to

discover the evidence and understand the significant value of evidence at crime scene.

For instance, homicide case related to Locard’s Principle of Exchange such as Sylvia

Likens (Dean, 2009), Westerfiled-Van Dam (Blanco, 2014), (Hamburg, 1999)

Weimar murder and motor vehicle accident year 2000 at Australia (Roberston, 1989).

2.2 CRIME SCENE MANAGEMENT

Crime Scene Management is a holistic framework and approach managing of common

forms of evidence that may be encountered at the crime scene and techniques used for

recovery of evidence. Crime scene management also to determine the degree of

successful of the entire crime scene framework based on methods applied on crime

scene investigation from time information received or reported pertaining occurred

crime event, until established crime scene reconstruction to prove suspect’s modus

operandi (Baldwin & Hayden, 1990).

One of the ultimate objectives of crime scene management is to establish the

chain of custody and application of Locard’s Principle of Exchange. Chain of custody

is a systematic and consistent tracking process starts with detailed scene notes, on

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evidence handling and management at crime scene without comprising integrity of

information.

In crime scene management there are 5 major segments to be focus such as

arriving at the crime scene and basic response, preceding documentation and

evaluation of the scene, processing of crime scene, completing and recording crime

scene investigation and finally utilization crime scene equipment’s (Feller, 2008).

The chain of custody is a sub topic of crime scene management framework,

initially established on crime scene investigator takes in-charge or custody of evidence

at crime scene when evidence is received from a police officer or detectives or directly

from the crime scene. The chain of crime scene describes important engagement

between the process and triangle relationship between suspect, victim and evidence

which were experimented by Dr. Edmond Locard on his further research in forensic

field. Chain of custody associated with other crime scene management processes in

order to ensure every elements take into consideration before proceed to next level of

analysis.

There are 5 primary objectives to measure the effectiveness of the crime scene

management;

1. To identify type of crime and establish if a crime has been committed.

2. To collect as much as possible evidences or exhibits, relevant to the

investigation and its reliability to determine the modus operandi of the

committed crime.

3. To conduct individualization test against the suspect by comparing all the

available resources in order to identify and arrest the potential suspect

(Canter D. V., 2004).

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4. To protect and preserve collected evidences ensuring reliability of

evidential material to support the investigation process further ultimately

in Crime Scene Reconstruction.

5. To assist the Deputy Public Prosecutor (DPP) in the prosecution through

by comprehensive investigation paper.

2.2.1 Principles in Crime Scene Management

While there are three important principles related to crime scene management, local

laws, rules and regulations govern many activities of the crime scene investigation and

forensic analysis. They relate to issues such a show to obtain authority to enter the

scene, to conduct investigation, to handle evidence and to submit physical evidence to

the laboratory.

The ultimately determine the admissibility of the evidence collected at the

crime scene. Failure to comply with existing laws, rules and regulations can result in a

situation where the evidence not admissible in the court proceedings (Carletti, 2012).

It is therefore, the crime scene investigator working at the crime scene to be

aware and ensuring proper compliance with existing legal procedures. If adequate

laws, regulations and rules to enable the crime scene management do not exist and

their establishment may be a matter of necessity (Fletcher, 2006).

Secondly, regardless the legal procedures codes of professional conduct

outline ethical obligations of crime scene investigator at the crime scene. For instance,

evidence reliability must remain independently from the initial findings rather than

depending on self-perception thinking being bias and unfairness or strong influences

by external factors.

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Lastly, codes of conduct also address the need to respect individuals and their

human dignity when examining and collecting physical evidence from dead bodies or

the living and for the victim's privacy. This also includes the control and management

of the media.

2.2.2 Organization Chart of Crime Scene Investigation

The crime scene investigation, in particularly of serious crime is a dynamic process

that requires structured crime scene management team to ensure the effective use

resources to manage risks and optimize the outcomes (Fraser, 2009). At one time a

criminalist may have covered a number of disciplines and worked alone. Now days,

the typical crime scene investigators expert is a specialist whom coordinates with the

team. The criminals operate in every avenue of human endeavor, various banking

industries, in corporate facilities or probably from homes. Therefore, the crime scene

investigators and the team members need to reach into every corner of human activity

and use all available resources and expertise. No one able to handle every effected

crime scene and team support and cooperation between disciplines is a key. Generally

the following hierarchy of the crime scene investigation team applies to all forensic

organization (Carletti, 2012).

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Figure 2.2 Crime Scene Investigation Members (D.P.Lyle, 2004)

The size of the forensics team varies and on the whole the level of public

concern about the crime gives a good public guide to how large the team will be. For

instance, the theft of a motorbike may receive little police attention compare with the

murder of a young girl or embezzlement from a large corporation trigger massive

investigations in which a senior police officer will coordinate the actions of hundreds

of police and dozens of crime scene investigators.

2.2.2.1 Team Leader

The team leader must have pre planning of the crime scene in order to ensure safety of

personnel and security at the crime scene. Hence, ensuring personnel to use

appropriate protective equipment and apply given standard recommendations to

protect them from any health hazard which might be presented by blood or any other

human body fluid. In addition, the team leader must conduct initial walk-through for

Team Leader

Recorder

Sketcher

Photographer

Evidence Collector

Exhibits Packager

Transporter

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purposes of making a preliminary survey, evaluating potential evidence, and preparing

a narrative description. Below stated some of the significant roles of team leader

handling crime scene investigation;

To determine search patterns and make appropriate assignments for team

members at crime scene.

To designate command post location and ensure exchange of information

between search and within investigative personnel.

Coordinate with other law enforcement agencies and make sure a

cooperative spirit is maintained all the time.

To ensure that sufficient supplies and equipment are available for

personnel during the crime scene investigation.

To be vigilant of control access to the crime scene and designate an

individual to log everyone into the scene, continuously reevaluate

efficiency of search during entire course of operation and to release the

scene after a final survey and inventory of the evidence has been done.

2.2.2.2 Scene Recorder

An organized and legal determination of the scene is carried out to locate evidences by

the scene recorder. Factors like the area to be searched, number of searches and

terrains are considered to develop a pattern for the crime scene search to be

determined by the scene recorder (Gabel, 2012).

The scene recorder must initiate an initial walk across the scene in order to

under the operational of crime scene management. The Crime Scene Investigator and

the first responder would survey the scene together. If available, the detective or lead

investigator would also participate. The use of photography to document the

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preliminary findings would be helpful. The initial examination or survey as it is called

done by the investigator should ensure accordingly.

Crime scene management significantly focus on scene recorder’s roles due to

the integrated function in preparation of a theory reconstructing the chain of events,

which should be altered according to developing situations and emerging new

evidences.

Beside the identification of evidences, it also requires immediate processing or

protection to be provided at the same time. A systematic log records applied and

captured all the time at crime scene. The scene recorder also must take necessary steps

in keeping chronology event such as before and after certain evidences affected by

weather conditions and to take note on the changes.

2.2.2.3 Scene Sketcher

The sketcher must perform or begin with sketching of the initial figure immediately at

the area of crime scene; everything that is included in the sketch must be located

geographically and set forth major items of evidence on sketching process. During the

preparation of the figure, the scene sketcher to designate and label areas to be

searched and advice accordingly the team leader and all other search members of

nomenclature for designated areas. As scene sketcher expert, able to obtain

appropriate assistance for taking measurements and re-confirming measurements of

the early figure is an essential. Ideally, to ensure necessary administrative information

such as scale disclaimer (not drawn to scale) is recorded on sketch.

The sketcher is usually responsible for the crime sketch and it is no surprise

that a number of software programs are helpful for creating sketches and computer

assisted drawing (CAD) is used widely as an investigative tool (Gabel, 2012).