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The Importance of Crime Scene
Evidence
Criminal Justice Research and Writing (Liberty
University)
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THE IMPORTANCE OF EVIDENCE COLLECTION
The Importance of Crime Scene Evidence Collection
John C. R. Bradley
Liberty University
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Abstract
Crime scene evidence allows criminal investigators to effectively track down the perpetrator of a
crime and bring them to court. Once in court, this collected evidence can be used to pin the
perpetrator’s actions to them and prove that they are guilty. The process of collecting and testing
evidence is arduous and precise. Investigators must examine the crime scene and identify
anything out of place or of importance. Each piece of evidence must be collected in a specific
way to prevent contamination and later be tested to determine its importance in accordance with
its classification. Evidence collected at crime scenes can also be used to exonerate wrongfully
convicted persons. The leader of this movement is known as The Innocence Project. This
foundation reviews facts and evidence collected by crime scene investigators. They will retest or
test evidence that has not previously been tested so that they can clear a person’s name.
Keywords: evidence collection, crime scene investigation, evidence testing, wrongful
convictions
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The Importance of Proper Crime Scene Evidence Collection
Crime scene evidence is one of the major driving forces within the criminal justice
system. Without evidence, it would be impossible to track down perpetrators of crimes. Any
kind of court trial would be biased and unjust. To ensure that criminals are tracked down and
prosecuted, the evidence must first be collected properly so that it is not contaminated. Evidence
must also be properly tested so that its importance can be discovered and employed. When a
suspect is brought into trial the evidence must be properly used to prove the perpetrator’s actions
and show that they committed the crime. If evidence is not collected, tested, or used properly it
can lead to a false conviction which can be hard to spot and can take years to rectify. According
to scripture in Matthew 18:15-17, when we go to confront someone or accuse them of
something, we are called to bring evidence and witnesses to prove that we are correct in what we
are saying. Evidence plays a major role in the criminal justice system through the process of
collecting evidence properly, the use of evidence in trials, and the correction of wrongful
convictions.
Literature Review
There have been many studies done in crime scene evidence collection and how it affects
different parts of the criminal justice system. Pelz et al. (2017) analyzes the way 32
investigators, a mixture of experienced and novices, conducted a crime scene investigation. It
was found by Pelz et al. that the experienced investigators completed the search faster and with
better results than the novices. Haas and Hess (2016) conducted a study into 4 different types of
evidence collection from clothing. They introduced a new technique called mini-tape lifting and
determined it to be more effective than any of the previous techniques because it collected more
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trace evidence. Olaborede and Meintjes-van der Walt (2020) discuss how trials cannot be
decided using a single piece of evidence and how evidence is essential to trials and the process of
bringing criminals in. Wyatt (2014) does research into crime scene investigators (CSIs) and their
practices; he attempts to bring to light their achievements and shows how they drive the process
of bringing criminals to justice. Norris (2017) discusses The Innocence Project and its history.
Norris covers the beginning of the Innocence Project and all the effects that it has had on
the criminal justice system.
The Process of Crime Scene Evidence Collection
For evidence to be of any use, it must be properly identified and collected first. This
process is extremely precise and must be done by those who have received the proper training.
After the evidence has been collected, it must be processed to determine its importance and
use in the case. To be processed the evidence is sent to a forensics lab where the different
pieces of evidence are tested according to their type.
Crime Scene Investigators
The main group of people who is placed in charge of crime scene evidence collection are
called crime scene investigators. These individuals are specially trained to be able to find obscure
traces of evidence and properly collect them. An investigator will begin by performing a
walkthrough of a crime scene and noting any important details that stick out to them. Pelz et al.
(2017) state that,
Items deemed significant can be collected and then sent to the appropriate analytical unit
for further examination in order to glean potential forensic information that can be used
to resolve the case, qualify the event, and/or contribute to forensic intelligence (p. 1).
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This is why an investigator’s job is so important, it affects the way the rest of the case will play
out and if they will catch a criminal or not. Investigators have learned throughout the years to
recognize specific items that are out of place and will serve as evidence to bring a criminal to
justice. Investigators will use different search techniques to move throughout the room such as
sectioning the room off into different quadrants or taking a specific path to ensure that they find
all of the evidence possible.
Methods of Collecting Evidence
There are many different types of evidence that can be found at a crime scene. The type
of evidence found often depends on the type of crime that was committed. With different types
of evidence comes different methods of collection. Based on the classification of the evidence, it
must be collected in a certain way to ensure that it is not contaminated.
Improvements in Evidence Analysis
As technology has advanced in the throughout time so has the ability to analyze and
make use of evidence. These advancements in technology have also led to the ability to find and
document evidence that was not previously employed in the criminal justice system. In their
article Fikiet et al. state, “Analytical chemistry has been making significant progress in the
development and implementation of new forensic methods. Recent work on physical evidence
analysis focuses on improving the existing technologies and developing novel approaches for
examination” (Fikiet et al., 2019, p. 650). These new methods of examination allow for more
evidence that is collected to be used in the process of hunting down and arresting criminals as
well as convicting them when they appear in court.
The Use of Evidence in Criminal Trials
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Once the evidence has been collected and used to locate and capture the perpetrator of a
crime, the individual must be brought into court to stand trial. In a criminal trial, the evidence
collected from a crime scene is used to prove that the party on trial committed the crime they are
accused of. This is done by linking them to the actions they performed at the scene of the crime.
Properly Tested Evidence
In order for the evidence collected from a crime scene to be useable in court to secure a
conviction of a perpetrator, it must be properly tested. These tests are run by forensic scientists to
link a perpetrator to the crime scene and to the actions they took there. There are different tests
based on the different types of evidence. This ensures that the maximum amount of information
can be obtained for a court case. These tests often have specialized equipment and techniques
involved and will take a forensic scientist a good deal of time to complete. This means that the
evidence received needs to be in the best possible condition.
Testimony
When a prosecutor is presenting evidence in a court, it is often necessary for them to call
a forensic scientist who analyzed the evidence, or a crime scene investigator who performed the
crime scene investigation to give a statement in court. These testimonies allow a jury to form
their opinions based off factual evidence from people who have gone through a long and arduous
process of learning to earn their current position. The testimony of an expert witness is not
skewed based off opinion or what they think they saw, but rather on what they know to be true
from the facts they have discovered by studying the case. For evidence to be used to build a case
against the perpetrator of a crime, it must be relevant to the case. In their book, Fenelly and Perry
mention that, “To be accepted by the court, evidence must be relevant, competent, and material.
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Relevant evidence directly pertains to the issues in question” (Fenelly & Perry, 2017, p. 33). For
the evidence and the testimonies that the investigators and forensic scientists provide to be
admissible in court, they must first be sure that the evidence will help to seal the conviction in
place.
Wrongful Convictions
Even though law enforcement in the criminal justice system operate to the best of their
ability they can still make mistakes. These mistakes can lead to a wrongful conviction and
sentence an innocent person to pay for a crime that they did not commit or participate in.
Throughout the history of the criminal justice system wrongful convictions have been all too
common. In their article Frank and Ramsey (2007) state,
Each researcher has consistently pointed to the same criteria: Eyewitness error, faulty
science, professional error and misconduct, false witnesses, rushes to judgment, and
presumption of guilt are the factors most often mentioned. Twenty-first century science
has, to date, only tended to confirm the hunches of the earlier researchers that wrongful
conviction is basically a product of a complex mix of these factors (pp. 465-466).
Right now, there is one main group attempting to rectify these mistakes and free people who
have been wrongfully convicted. This organization is called The Innocence Project, they are an
organization that is dedicated to clearing wrongfully convicted criminal’s names.
The Innocence Project
The Innocence Project, founded in 1992, is an organization whose purpose is to help
people who are currently serving a punishment for a crime that they did not commit. The
Innocence Project is a non-profit organization that wants to do more that just free people who
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have been unjustly convicted. The has project successfully freed over 350 people to date and
continues to work on new cases. The Innocence Project wants to spark long term reform within
the criminal justice system, so that there will eventually be no need for an organization to go
back through old cases because of someone who made a mistake.
Review of Cases
For a person’s case to be chosen by The Innocence Project, they want to be sure that the
person who the case is about is truly innocent. After receiving a request from an incarcerated
person, The Innocence Project will begin to review that person’s case and see if there is enough
evidence that the case would be able to be overturned. Only after the organization is sure that
they would be able to build a legitimate case that the wrongfully convicted person did not
commit the crime will the real work begin. The Innocence Project will assign a lawyer and a
team of students to begin reviewing the finer details of the case and begin building a case for the
wrongfully convicted person to be released. The main amount of early work for the case is done
by the students assigned to the case, these students are often studying law and are doing an
internship at the time, driving the case to the point where a real lawyer can step in and piece
together an extremely strong case showing the wrongfully convicted person’s innocence.
Untested Evidence
The biggest factor in many wrongful convictions, especially in older cases, is untested
evidence. In many cases this was not due to an oversight by anyone involved in the case but due
to a lack of resources and technology to properly test all the evidence that was collected at the
crime scene. The piece of evidence that enables many wrongfully convicted criminals to once
again walk free is deoxyribonucleic acid (DNA) evidence. There are many cases where
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investigators and scientists did not have the necessary resources or training to deal with DNA
evidence. The Innocence Project will test the DNA and any other untested pieces of evidence in
order to build a viable case and free the wrongfully convicted person from their punishment.
Improper Evidence Collection Process
People make mistakes and this is no different in the realm of criminal justice and crime
scene evidence collection. Unfortunately, the mistakes made in the process of evidence
collection have much worse consequences and can result in perpetrators walking free or an
innocent person being convicted of a crime they did not commit. This often happens when a
person collects evidence using the wrong tools or damage occurs to the evidence. The
information that forensic scientists can learn is now either lost or incorrect. Another way this
happens is the storage of the evidence, since there are many ways to store evidence. These ways
are based on what kind of evidence the item is. This evidence should be stored accordingly to
prevent any decay or contamination of the evidence. This contamination or decay can lead to the
evidence being unusable or produces partial results. In his article, Improving the Analysis and
Collection of Trace Evidence Samples, Pollock (2020) states, “If we receive quality trace
evidence, we can develop quality case results. If we get suboptimal samples that weren’t
collected properly, we may be unable to analyze them” (Pollock). When forensic scientists
receive poor evidence, they often waste time trying to analyze them or will not receive
conclusive results. When cases are reviewed, the investigators can check to see if any of the
evidence was contaminated or damaged, which means that those pieces of evidence can be
retested or thrown out to allow an innocent person to walk free again.
Conclusion
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Evidence is key to the criminal justice system and is much of the driving force behind
convicting criminals and ensuring that the right person serves the sentence for their crime. When
Jesus was placed on trial by the Pharisees, there were people who came to testify against Jesus
but many of what they were saying was not able to be proven. When Pilate later spoke to Jesus
to learn more about the situation that was surrounding him, he learned that many of the charges
brought against Jesus were false or exaggerated. “Then Pilate said to the chief priests and the
crowds, “I find no guilt in this man” (English Standard Version, 1971, Luke 23:4). This is why
proper crime scene evidence collection is so important, so that people who are innocent and
suspected of committing a crime will not be charged. Those who are guilty of their crime will be
tracked down, caught, and sentenced to serve their punishment. This process starts with the
proper collection of evidence and by ensuring that it is not contaminated. The evidence is tested,
and the necessary information is given to investigators to track down the criminals and bring
them in. The evidence is then used in court to convict the perpetrator by proving their actions
and the testimonies of expert witnesses who conducted parts of the investigations. If need be,
there are organizations who will go back through old cases where they believe somebody has
been wrongfully convicted due to a lack of evidence or untested evidence, will clear their name.
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I. The Importance of Proper Crime Scene Evidence Collection
II. Literature Review
III. The Process of Crime Scene Evidence Collection (Wyatt, 2014)
A. Crime Scene Investigators (Pelz, J., et al. 2017)
1. Evidence Recognition
B. Methods of Collecting Evidence (Haas & Hess, 2016)
C. Improvements in Evidence Analysis
IV. Evidence and its use in Criminal Trials (Olaborede & Walt, 2020)
A. Properly Tested Evidence
B. Testimony
C. Relevance
V. Wrongful Convictions
A. The Innocence Project (Norris, 2017)
1. Review of Cases
a) Untested Evidence
b) Improper Evidence Collection Process
VI. Conclusion
A. Biblical Worldview
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References
English Standard Version. (1971). Bible Gateway Online.
https://www.biblegateway.com/passage/?search=Luke%2023&version=ESV
Fennelly, L., & Perry, M. (2017). Investigations: 150 things you should know. ProQuest
Ebook Central (pp. 33-88). https://ebookcentral-proquest-com.ezproxy.liberty.edu
Fikiet, M., Lednev, I., Khandasammy, S., Mistek, E. (2019). Toward Locard’s exchange
principle: Recent developments in forensic trace evidence analysis. Analytical Chemistry,
91, 637-654. https://doi.org/10.1021/acs.analchem.8b04704
Frank, J., & Ramsey R. J. (2007). Wrongful conviction: Perceptions of criminal justice
professionals regarding the frequency of wrongful conviction and the extent of system
errors. Crime & Delinquency, 53(3), 436–
470. https://doi.org/10.1177/0011128706286554
Haas, C. & Hess, S. (2016). Recovery of trace DNA on clothing: a comparison of mini‐
tape lifting and three other forensic evidence collection techniques. Journal of
Forensic Sciences. https://doi.org/10.1111/1556-4029.13246
Norris, R. (2017). Framing DNA: social movement theory and the foundations of the
innocence movement. Journal of Contemporary Criminal Justice, 33(1), 26–42.
https://doi.org/10.1177/1043986216673014
Olaborede, A., & Walt, L. (2020). The dangers of convictions based on a
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single piece of forensic evidence. Potchefstroom Electronic Law Journal, 23, 1-
38. https://doi.org/10.17159/1727-3781/2020/v23i0a6169
Pollock, Edward. (November 2, 2020). Improving the Analysis and Collection of Trace Evidence
Samples. (NCJ Number 255620). National Institute of Justice.
https://nij.ojp.gov/library/publications/notes-field-improving-analysis-and-collection-
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Watalingam, R. D., Richetelli, N., Pelz, J. B., & Speir, J. A. (2017). Eye tracking to evaluate
evidence recognition in crime scene investigations. Forensic Science International, 280,
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Wyatt, D. (2014) Practising crime scene investigation: trace and contamination in
routine work, Policing and Society, 24(4), 443-458. doi:
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