CJ 327 Crime Scene Photography Unit 9 Seminar Jonathan Dorriety Adjunct Professor School of Public Safety Kaplan University

The Purpose of Crime Scene Photographs A look back and a look forward.

What are the main purposes of crime scene photographs?

Purposes  Documentation of the crime scene or accident

Purposes  Present a fair and accurate representation of the scene

Purposes  Documentation of the crime scene or accident  Present a fair and accurate representation of the scene  Provide Investigative leads for other investigators who were possibly not at the scene

Purposes  Documentation of the crime scene or accident  Present a fair and accurate representation of the scene  Provide Investigative leads for other investigators who were possibly not at the scene  Crime scene reconstruction

Purposes  Document individual pieces of evidence that link crime with suspect

Purposes  Provide a story in photographs of what happened

Purposes  Document individual pieces of evidence that link crime with suspect  Provide a story in photographs of what happened  Refresh the memory of investigators about the case, substantiate testimony & clarify understanding

How do crime scene photographs specifically benefit the investigative process?

Investigative Process  Completes investigative case file

Investigative Process  Completes investigative case file  Reminds investigators of specifics

Investigative Process  Completes investigative case file  Reminds investigators of specifics  Photographs can be used for matching purposes, example fingerprints or tool marks

Investigative Process  Completes investigative case file  Reminds investigators of specifics  Photographs can be used for matching purposes, example fingerprints or tool marks  May help with establishing cause or method of death in a homicide

Investigative Process  Aerial photographs may reveal escape routes taken by suspect (s)

Investigative Process  Aerial photographs may reveal escape routes taken by suspect (s)  Provide Investigative leads for other investigators who were possibly not at the scene such as cold case files.

What about specific ways crime scene photographs affect the judicial process?

Judicial Process  Present a complete view of crime scene to jurors

Judicial Process  Present a complete view of crime scene to jurors  Let jurors see what the scene looked like at the time

Judicial Process  Present a complete view of crime scene to jurors  Let jurors see what the scene looked like at the time  Give the court a better understanding of the circumstances concerning the crime

Question  Are there limitations as to how many photographs can be taken at a crime scene?

Question  Yes………….What?!!!!

Question  Are there limitations as to how many photographs can be taken at a crime scene?  How much film did you bring?  How big is your memory card?

Limitations  Of course we know there is no limit to the number of photographs you can take at any crime scene.  You are only limited in your abilities by your preparedness or lack thereof to face the innumerable challenges of each crime scene. ~ Jon Dorriety, 2012

Will all photographs taken be admitted into court?

Most likely not, for several reasons.

Reasons not to include all photographs  Some photographs may be prejudicial.  Any photograph that could prejudice the jury will likely not get past the defense objection.  “shock the conscience of the court”  Gruesome or gory photographs fall into this category.  Remember Wright vs. State (250 So.2d 333, 1971)

Relevant & Material  The “two-pronged test” for admissibility  Relevant: evidence “that tends to prove or disprove any disputed fact in the case.”  Material: evidence “that is important to the case; it cannot be too remotely connected to the facts in issue.” “If the evidence does not relate to any issues pertaining to the case, it is not material” (Robinson, 2010, p.591.)

Is consent required from a person to take their photograph if they are in a public place?

Exceptions?

Professional photographers looking to take photos for profit. Crime scene photographs are not taken for profit.

Where does the reasonable expectation of privacy come into play with telephoto lenses looking through a picture window of a house?

Your textbook author says that is an absolute no-no. However, we have a “right to be, right to see” exception.

If you could stand on the sidewalk and look through the picture window and see something illegal, you are where you have a legal right to be and therefore a right to see. But that doesn’t make for good surveillance.

Therefore, you could get in a place where you could not be seen and photograph with a telephoto lens what you could normally see from the sidewalk because you would have the right to be there in the first place.

Reference  Robinson, E. M. (2010). Crime scene photography (2 nd ed.). Burlington, MA: Academic Press.

Questions or Further Discussion?

It’s been great working with all of you. Thank you for your attention and participation!