Forensic evidence involves applying scientific methods to criminal investigations. While the field of forensic science has been around for quite some time, it is constantly changing as technology advances. Today, forensic evidence often involves collecting and testing DNA, blood, hair, fingerprints, and other evidence.
Forensic evidence is often regarded as very powerful evidence, and it can be difficult to refute in court. However, forensic evidence is not perfect, and testing mishaps or contaminated samples may make the evidence untrustworthy. We can challenge forensic evidence if it is tainted or if testing procedures were not properly followed. Forensic evidence may not be relevant in your case, depending on the situation, but we should still be prepared.
Get a free case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956 and talking to our New Jersey criminal defense attorneys.
What is Forensic Evidence?
Forensic evidence involves using scientific methods to collect and test evidence. While the field is more technologically sophisticated today, it is not exactly new. Even basic fingerprinting, which has been around for many years, is a part of forensic science.
Forensic evidence may encompass a broad spectrum of techniques, skills, and study. As mentioned, dusting for fingerprints and comparing those prints to a database is a form of forensic evidence. More advanced techniques may involve testing biological samples for DNA that might be matched to a suspect.
Forensic evidence is constantly changing and evolving. As scientific methods and technology improve, investigators may be more able to collect incriminating evidence. In the past, DNA evidence was somewhat shaky, as the skills and technology required were still in development. Today, the science has vastly improved, and DNA is regarded as some of the strongest evidence possible.
While forensic evidence can be difficult for defendants to refute, it is not infallible. If investigators do not use the correct methods or if evidence is damaged or tainted, the results may not be trustworthy.
How DNA Evidence May Affect Criminal Cases in New Jersey
Perhaps the most well-known form of forensic evidence is DNA.
DNA evidence has not been around nearly as long as people think. It has only been used in criminal investigations since about the late 1980s. Today, it is often considered the holy grail of evidence, as it can pinpoint one specific person as being at a crime scene.
However, DNA evidence is not as definitive as many believe. While it can be hard to refute when DNA testing is performed correctly, investigators can make mistakes. If a DNA sample is tainted with someone else’s DNA, which is common, our Ocean City, NJ criminal defense lawyers can argue that the results should not be trusted.
DNA evidence often makes headlines when it is applied to older cases from before the technology was available. While testing old DNA samples can provide new insight into old cases, it is not always conclusive. Old DNA samples may be too degraded to render accurate test results.
How Forensic Evidence is Collected
How investigators collect forensic evidence varies based on what kind of evidence is being collected and the testing that needs to be done.
If a victim fought off an attacker, they may have the attacker’s DNA under their fingernails or elsewhere on their body. In sexual assault cases, victims may be tested for other bodily fluids exchanged during sex.
Evidence might not always come from a person’s body. Instead, much evidence may be collected from clothing. Blood stains and hair samples stuck to clothes at a crime scene can be tested for DNA matches.
Fingerprinting is a classic example of forensic evidence still in use today. Additionally, investigators may apply forensic methods to the scene itself. Depending on the condition of the scene, they may determine whether a struggle occurred, the number of people involved, and whether weapons were used.
How to Challenge Forensic Evidence in a New Jersey Criminal Case
Forensic evidence is not perfect, and we might have good reason to challenge it in your case.
First, we should demand to know the chain of command. The chain of command is an official list of people who have had control over or access to the evidence. If evidence is checked out for testing for investigative purposes, it must be logged.
If anything is wrong in the chain of command, or the whereabouts of the evidence cannot be accounted for, we may have room to challenge it. It could have been tainted or even lost.
We should also challenge anything where forensic testing results are inconclusive. Evidence should be as close to definite as possible. Exactly what “inconclusive” means will depend on what kind of evidence is involved and how it is tested.
We should also question the techniques used in gathering and testing the evidence. If procedures were not followed, evidence might have been tainted, and testing might not be trustworthy.
Does Forensic Evidence Come Up in All Criminal Cases?
To a certain extent, forensic evidence is present in many cases, but not every case requires in-depth scientific testing.
Some forensic evidence is relatively low-tech. Just taking fingerprints is part of a forensic investigator’s job. If they cannot match the fingerprints to anyone, it is not good evidence and likely will not be used in court.
Many cases do not need forensic evidence because other, strong evidence is available. For example, a prosecutor may not need to match DNA evidence to the defendant if multiple witnesses and security camera footage can confirm that the defendant was present at the crime scene.
If forensic evidence does come up, it can be refuted. We must remind the jury that forensic evidence can seem impressive, but it is not perfect, and there may be room for reasonable doubt.
Contact Our New Jersey Criminal Defense Attorneys for Help Now
Get a free case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956 and talking to our Atlantic City, NJ criminal defense attorneys.
