Concept of Spoliation
Introduction
The job of an arson investigator is multi-faceted. Each investigator must be proficient at his/her job and preservation of evidence, tops their list. A fire scene is a forensic story of physical evidence waiting to be discovered and its facts revealed. The major concern of fire investigators is the preservation of physical evidence to prevent its destruction or alteration before it is submitted for competent examination and analysis (Icove, DeHaan, & Haynes, 2013, p. 216). 16.2.1 Physical evidence is any physical or tangible item that tends to prove or disprove a particular fact or issue. Physical evidence at a fire scene may be relevant to the issues of the origin, cause, spread, or the responsibility …show more content…
The term spoliation refers to the loss, destruction or alteration on an object which is evidence (or potential evidence) in a legal proceeding (Burnette, n.d., para. 1). The burden of proof, in a case of litigation, falls on the ability of the investigator to process and present evidence in its untouched state. A state of chaos and destruction, a fire scene is fragile and delicate, the mishandling of evidence is all too easy. Whether it’s accidental or malicious, one wrong step or turn of hand will discredit facts of potential proof for cases of litigation. Litigants in cases where a critical issue turns on the existence or condition of physical evidence that is unavailable or has not been preserved will have a difficult (sometimes impossible) time proving a claim or a defense to a claim (Burnette, n.d., p. 6). Evidence is fragile, especially in instances of large fires. The vast amount of debris that falls down and covers’ up evidence as the fire burns, makes it difficult to recover it intact and undisturbed. Much like an archeological site, delicate methods of uncovering evidence are crucial. One wrong step, a sneeze, or utilization of the wrong tool while gathering evidence will contaminate or destroy a sample. Each piece of evidence could be the “key” piece …show more content…
Even the most cautious of investigators can potentially over look an important step when procuring a sample for evidentiary collection. Both NFPA 921 and ASTM E860 provide guidance to fire investigators on their responsibilities in minimizing spoliation of evidence (NFPA 921, 2011 ed., pt. 11.3.5 [NFPA 2011}; ASTM E*^), pt. 5.2 et seq. [ASTM 2007b]): (Icove et al., 2013, p. 217). A systematic approach for documenting evidence, obtaining statements, and maintaining a chain of custody which identifies and uniquely labels evidence to its location, time and date collected and the name of the person who collected it. It does require diligent adherence to ASTM standards to ensure that the evidence is processed from initial collection to final disposition in an orderly fashion to ensure maximum evidentiary value (Button, n d, para. 36). A fire scene can only be visited once for evidentiary collection. Any missed steps in these legally recognized guidelines will result in discredited evidence and will be a failing point in
Introduction
The job of an arson investigator is multi-faceted. Each investigator must be proficient at his/her job and preservation of evidence, tops their list. A fire scene is a forensic story of physical evidence waiting to be discovered and its facts revealed. The major concern of fire investigators is the preservation of physical evidence to prevent its destruction or alteration before it is submitted for competent examination and analysis (Icove, DeHaan, & Haynes, 2013, p. 216). 16.2.1 Physical evidence is any physical or tangible item that tends to prove or disprove a particular fact or issue. Physical evidence at a fire scene may be relevant to the issues of the origin, cause, spread, or the responsibility …show more content…
The term spoliation refers to the loss, destruction or alteration on an object which is evidence (or potential evidence) in a legal proceeding (Burnette, n.d., para. 1). The burden of proof, in a case of litigation, falls on the ability of the investigator to process and present evidence in its untouched state. A state of chaos and destruction, a fire scene is fragile and delicate, the mishandling of evidence is all too easy. Whether it’s accidental or malicious, one wrong step or turn of hand will discredit facts of potential proof for cases of litigation. Litigants in cases where a critical issue turns on the existence or condition of physical evidence that is unavailable or has not been preserved will have a difficult (sometimes impossible) time proving a claim or a defense to a claim (Burnette, n.d., p. 6). Evidence is fragile, especially in instances of large fires. The vast amount of debris that falls down and covers’ up evidence as the fire burns, makes it difficult to recover it intact and undisturbed. Much like an archeological site, delicate methods of uncovering evidence are crucial. One wrong step, a sneeze, or utilization of the wrong tool while gathering evidence will contaminate or destroy a sample. Each piece of evidence could be the “key” piece …show more content…
Even the most cautious of investigators can potentially over look an important step when procuring a sample for evidentiary collection. Both NFPA 921 and ASTM E860 provide guidance to fire investigators on their responsibilities in minimizing spoliation of evidence (NFPA 921, 2011 ed., pt. 11.3.5 [NFPA 2011}; ASTM E*^), pt. 5.2 et seq. [ASTM 2007b]): (Icove et al., 2013, p. 217). A systematic approach for documenting evidence, obtaining statements, and maintaining a chain of custody which identifies and uniquely labels evidence to its location, time and date collected and the name of the person who collected it. It does require diligent adherence to ASTM standards to ensure that the evidence is processed from initial collection to final disposition in an orderly fashion to ensure maximum evidentiary value (Button, n d, para. 36). A fire scene can only be visited once for evidentiary collection. Any missed steps in these legally recognized guidelines will result in discredited evidence and will be a failing point in