Study Of Crime Scene Evidence Information

Forensic science has been got the development advancing by leaps and bounds with the progress of science and technology, criminal investigation in our country has also been mature and perfect gradually as a discipline. The detection rate of criminal case in our country is still low currently, investigations pattern is still "from confession to certification" as a whole, it affect the stability of science and the realization of justice gravely. The author think the basic cause is that the deficiency of study of the criminal scene and material evidence, the problems existed in the prospecting of criminal scene leads to that no way to gain sufficient material evidence in investigation rather than making use of material evidence information to carry out logic in the law case. The paper mainly discuss criminal scene with scientific connotation the systemic study of the information collection of criminal scene material evidence information and distinguish, preserve, and apply the research, the purposes are to provide theoretical foundation for crime scene investigation and the case survey, in order to promote the formation of scientific investigation mode of "from confession to certification" or "from certification to zero confession", to improve the solve rate of criminal case and to bring the material evidence certificate force in court-trial totally.A total of about 40,000 words article includes four parts except the foreword and concluding remarks in it.Part I is a criminal scene material evidence information introduction , relates to the aspect content such as criminal scene, proof, material evidence and evidence information mainly.This part has made the concept of crime scene clear first. A very big dispute about criminal scene exists home and abroad currently. The author has carried out the general analysis on it, and has defined the criminal scene complying with scene prospecting purpose.Secondly, there is a discussion on the evidence scientific connotation. The author has criticized the wrong current view which holds evidence is fact, and has pointed out evidence is "the basis of case fact". Maximal degree tending can be realized on the basis of the difference between "law case fact" and "the law case real situation testified by evidence".Moreover, the author has analyzed material evidence and evidence information. Material evidence can be divided material evidence of broad sense and material evidence of narrow sense, material evidence studied here refers to the one of broad sense, which includes other all evidence except witness. Material evidence is "the dumb person evidence" there is no way to communicate with it in the course of the investigation, and it only is understood by detectives though out the science and technology to give full scope to prove law case fact. Material evidence is able to be understood and explained, and then testifies law case fact because it contains material evidence information. Material evidence information is those in being that the law case each there exists the article, the trail which ensure law case fact and is able to remove the law case uncertainty with the information ascertaining law case fact Since accepting conditional various restraint, the material evidence energy is very difficult to be understood and explained quilt having an effect all round, therefore, we must improve the method of analysis and apply up to the minute science-technology method to excavate material evidence information, bring sufficient investigating or effect in to court-trial play.Finally, comply with material evidence informations to re-recognize the material evidence. The material evidence cognition is confined to the entity matter generally on tradition, but other a few material evidence forms, such as provisionality material evidence, condition material evidence, form material evidence etc, did not receive sufficient attention. In fact, they are also containing large amount of material evidence information, on a very important role in rebuilding and depicting a criminal suspect to criminal scene and so on .we should strengthen the collections of such kind of material evidence.Part II is the basic theory of crime material evidence information. It includes that matter exchanging theory, information exchanging theory and material evidence information deducing model.The basic of the matter exchanging theory is the Locard's Exchange Principle which was brought by Dr. Locard. He has been investigated as an expert in every country, and been brought preeminent outstand meritorious. With the development of time and technology, it also reveals out the limitation. It shows mainly in the next two aspects: one is that If the material transfer theory as the basic theory of the information and material evidence there is a certain one-sided. the other one is that object of the matter exchanging theory is the matter, but the result of transferred is a new evidence .The matter exchanges theory can't give an explanation that the reason of the process"from confession to certification. Information exchanging theory taking information as basis, taking research from the material evidence tier revealing the nature of structure and transferred of material evidence information changes and have made a good exchanging to the cause of matter change into materials. The author thinks that information evidence includes material and information these two levels. The basic theory of material evidence information will certain construct from these two aspects. It includes the material transfer theory on the physical evidence, also contains information transfer theory on the information. These two theories should only be combined together effectively, can be able to lay the foundation for the Scientific and rational use of material evidence information.The purpose lies in theory guiding practice, so I take the theory as the basis, deducing a model of material evidence of the material evidence information. According to the different stage, it can be summarized as the logic in process deducing a model, legal action stage deducing commit a crime and investigation a stage deducing a model. To apply the explanation of material evidence information, the author chooses a commit crime to analysize.Part III is the application of criminal scene material evidence information in investigation, containing two aspects which are making use of material evidence to rebuild criminal scene and material evidence to depict criminals.The concept of crime scene reconstruction is widely used in investigation in Europe and America. The theory arouses extensive attention in investigation in China. But the research of crime scene reconstruction is generalized and experienced, so that it is difficult to guide the practice of investigation. In my opinion, though the information relevant to law case is needed to reconstruct crime scene, material evidence is more and more important in crime scene reconstruction because the testimony of a witness is more unreliable in some of which the reconstruction of crime scene is completely dependent on material evidence. Therefore, the material evidence is the basis of crime scene reconstruction; Crime scene reconstruction can be classified according to different standard: According to the scope of the crime scene, it can be classified partially and overall crime scene reconstruction ; According to the different sources of information the crime scene reconstruction, it can be classified According to witnesses the crime scene reconstruction, According to evidence the crime scene reconstruction According to witnesses and physical evidence of the crime scene with reconstruction; according to the content of reconstruction, it can be classified static and dynamic crime scene reconstruction. The application of evidence information should strictly follow certain procedure, which contains five links: the collection of material evidence information, initial inference, form hypothesis, hypothesis test, and the ultimate conclusion.It can depict the relevant feature the criminal by the analysis of evidence information, which gives important reference to investigation. The depiction of criminal includes four aspects. First of all, the body image depiction of the criminal; secondly, the depiction of the domain scope. Then the image, the region range, and mentality characteristic of criminal, cure depicted. It should be deduced strictly according to evidence information. Therefore it has a greater scientific. The depiction of the mentality characteristic has a great success in detection, which arouse wide attention in academics and investigation branch. But mentality trail depicting can't be separated from but criminal act data statistic analysis, moreover, due to great deficiency of current pertinent statistics data and statistical method not standizing, which should be put into use cautiously in current investigating practice.Part IV is about the exploitation and the usage of the material evidence information in the crime scene, it mainly discusses how to change the information in crime scene from a low available state into higher one, to form a higher level information resources. The use of the material evidence should obey some certain rules, which mainly divided into 6 steps: the first step is the collection of the material evidence information, it is the digging and accumulation of the material evidence information that exists spared around is included in different crime scene, according the need of investigating in our country; the second step is the process of the material evidence information, it is the reprocessing of the material evidence information, then it will give out information, which is more valuable and also can be used in the investigation of the other crime case; the third step is the construction of material evidence information base; the fourth step is the management of the material evidence information base, it mainly include the renewal, the safe management and the protection of the hardware of the date base; the fifth step is the seeking and exchange of the material evidence information, the another has elaborate in three aspects: the route of the investigating, the transformation and exchange of the material evidence; the sixth step is the usage of the material evidence information, that is the inquiry and exchange while investigate branches are making use of the information that they find in the date base into the other investigating to achieve the purpose of solving the crime case.