The Criminal Justice System: How Poor CSI Work Destroys Confidence in the System

When professional baseball players hit .300 or slightly above, it is considered a good average. This simply means these players get 3 hits for every 10 at bats. When breaking it down in this manner, it doesn't seem successful at all. The same can be said about those tasked with predicting the weather, as the accuracy of weather forecasting can also be far from 100%. Baseball is just a game, and inaccurate weather forecasts rarely lead to serious consequences. But what are the consequences when those responsible for processing crime scenes following burglaries, robberies, sexual assaults, and homicides fail to effectively and efficiently perform the duties of the position? Missing evidence, contaminating evidence, destroying evidence, and losing evidence can lead to negative case outcomes, and justice not being served.?

Poor Crime Scene Management and Failed Justice

In Houston, Texas, a crime scene investigator was removed from his position following the review of 65 of his cases. Rogers et al. (2017) report on the crime scene investigator's failure to properly process 65 crime scenes since 2015, and how the criminal cases were in jeopardy. The investigator was reported to have failed to collect DNA evidence, failed to test for latent fingerprints, and left bloody evidence associated with crimes at the scenes. Crime scene photos identified specific evidence, but that evidence was never collected and entered into evidence. A spokesperson for the agency advised that the issues surrounding this case were believed to be due to a lack of proper training. The employee was returned to his previous position, working as a patrol officer.

In a similar case from Orange County, California, charges were dropped in 67 criminal cases due to evidence mishandling. Gerda (2021) reveals how criminal charges and convictions were dropped against 67 people, with 63 defendants already convicted of their crimes. Multiple sheriff's office employees faced charges for their roles in the mishandling of evidence. A suspected cause for the mishandling of evidence was identified. It was advised that the deputies focused more on responding to calls than on completing the tasks associated with processing evidence from previous calls. This is a clear example of the need for proper crime scene units with educated and trained CSIs responsible for scene processing. There is a clear distinction between law enforcement officers and CSIs, and the education and training they each receive. Their education and training is specific to their positions.

Destroying America's Confidence in the System

Every day in America, criminal cases are placed in jeopardy or fail due to poor crime scene management. Law enforcement agencies using deputies, detectives, police officers, and even property & evidence custodians to process crime scenes and conduct investigations place each case in jeopardy. While it is possible that those with these titles could hold the required education and training required to perform the duties of the position, these personnel are usually used in lieu of employing legitimate CSI personnel. This practice often leads to negative consequences.?

Hiring the Right People

In any business, having the right people on the "bus" is important. Having people in the correct seats on this bus is even more important. This simply means you must hire the right people, and ensure that these people are in positions that are a good fit for them and the organization; by knowledge, training, and experience. CSIs must have the foundational knowledge, training, and expertise to perform the duties of the position due to the scientific processes involved. The position of CSI requires specific personal attributes that allow effective and efficient scene management. Strong organizational skills, critical-thinking skills, the ability to communicate, time management skills, and detail-oriented skills are critical. The position of CSI is not for everyone, nor can anyone simply fill the position.

While attending a forensics training course, a CSI from another agency advised the trainer that he was previously a deputy, but was placed in the CSI unit as a disciplinary measure for poor performance in his work as a deputy. This new CSI had no formal education in crime scene or forensics, and knew very little about the tasks associated with his new duties. His inability to complete basic tasks within the training course revealed his lack of knowledge in the field. What was disturbing is that this individual was already responding to crime scenes within his jurisdiction.

In 2019, I was asked to review a case involving evidence from a death scene. Investigators in the case sought evidence found in crime scene photographs that was not physically present in evidence. The specific item was photographed within the original crime scene and either not collected or lost. The person responsible for processing the scene and collecting that evidence had no formal education in crime scene investigations and forensics, and minimal specialized training. The item of evidence was a critical piece of evidence that possibly impacted the case outcome. Having the ability to identify evidence from a contextual standpoint is imperative for those processing crime scenes. Anything can be collected when processing a scene. It is important for investigators to place items into context, meaning they have some possible connection to the crime.??

In the same year, I sat in a courtroom watching the trial of multiple people involved in a string of vehicle burglaries. Those on trial were responsible for dozens of vehicle burglaries that occurred over multiple days and through various neighborhoods. Many burglaries involved theft of valuables, including firearms. More than one crime scene contained footwear impressions that would allow investigators to connect the perpetrators to many scenes. General photographs of the impressions revealed that the impressions found at multiple scenes were consistent with the others. However, the impressions at the scene processed by one Crime Scene Technician (CST) were not captured in castings, the impressions were only photographed. Photographing impressions provides documentation of the evidence, if done properly, they can lead to examination-quality photography. The photographs can provide impression analysts with the ability to examine various impressions in making connections, while casts allow analysts to observe the impressions on a three-dimensional scale to better identify possible individual characteristics within the impressions. Individual characteristics can be wear patterns, cuts, and other accidental markings identifiable to the specific footwear; much like a fingerprint.

The CST tasked with processing the scene in question had no formal education and minimal training in both photography and impression casting. During cross examination by the defense attorney, the CST was asked if casting footwear impressions was normal protocol in situations like this. The CST replied with "yes." The attorney then asked the CST why he did not follow this normal protocol. The CST replied he did not have casting material in his crime scene vehicle. The CST was unprepared to process this scene in more ways than one. He first lacked the knowledge associated with the importance of obtaining footwear casts in conjunction with photographs, and also failed to ensure his vehicle was properly equipped to respond to crime scenes.

Most crime victims never see justice served, while most crimes go unsolved. The low clearance rates across the nation reveal this. When justice is not served, offenders remain free to commit additional crimes. To have confidence in the criminal justice system, citizens must have faith and trust that the system works in the best interests of the people. Failing to identify, arrest, and prosecute those who prey on innocent people leads to a lack of confidence in the system. Allowing non-qualified personnel to be at the starting point of every investigation is a failure in duty by law enforcement agencies. The detailed, scientific, and systematic work of those processing crime scenes lays the foundation for all investigations.?

It is time for standards like minimum levels of education and specialized training for crime scene personnel, standards that come with accreditation processes that ensure quality work and capable personnel.?Many current law enforcement agencies possess and adhere to these types of standards, but many agencies do not.

Dr. Richard English

Supporting Sources:

Freeimages.com. (2022). Concentrated-mature-male-criminologist-in-protective-suit-and-latex-gloves-taking-fingerprints-from-knife-at-crime-scene-4225458. [Image]. https://www.freeimages.com/download/concentrated-mature-male-criminologist-in-protective-suit-and-latex-gloves-taking-fingerprints-from-knife-at-crime-scene-4225458

Gerda, N. (2021). Charges dropped in 67 criminal cases due to sheriff evidence mishandling, DA reveals. https://voiceofoc.org/2021/01/charges-dropped-in-67-criminal-cases-due-to-sheriff-evidence-mishandling-da-reveals/

Rogers, B., George, C., Blakinger, K., Barned-Smith, S. (2017). Crime-scene errors put 65 cases under review, audit finds. https://www.chron.com/news/houston-texas/article/New-evidence-problems-raise-questions-in-65-11068118.php