Inculcating Scientific Temper Amongst First Responders to Crime

Abstract

The Universal Declaration of Human Rights directs the member nations to create such conditions under which the ideals of free human beings, enjoying civil and political freedom from fear and want, can be achieved. The Constitution of India, through its various Articles, strives to ensure security and safety of citizens in accordance with the principles of Universal Declaration of Human Rights. However, crime is a violation of these principles. In a country like India, where a large section of population is uneducated, social set-up is heterogeneous, public–police relations are not very cordial, poverty is rampant and unemployment widespread, it is not surprising that crime rate is increasing exponentially. In a majority of serious crime cases, hi-tech measures are being adopted by perpetrators. However, the police personnel who visits the scene of crime as the first responder may not be holding an academic degree in science and technology. Yet the decisions of the first officer bear a strong influence on the eventual outcome of the criminal investigation. It is, therefore, pertinent that they must receive training and guidance to inculcate the spirit of scientific temperament in decision-making.

Keywords

Crime scene first responder investigative star suspect victim

Introduction

Article 51 A(h) of the Indian Constitution states that every citizen ought to develop scientific temper, humanism and the spirit of inquiry and reform by way of fundamental duty. This obligation is important to bring forth a progressive society that is free from irrational activities. Crime is one such irrational activity which is antithetical to peace and progress of society.

The criminal justice system is concerned with safeguarding the human rights of the victim of crime and penalising the suspect of crime. Both the objectives can be achieved only if the integrity of the site where the criminal activity occurred in the first place is conserved so that further investigations may be carried out unhindered (Hawthorne, 1999). This brings to the fore the duty of the police personnel who, in an official capacity, is the first one to reach the site. They are designated as first responder or first officer.

The first responder to crime performs two broad, but core, duties: Protect and inform. They are supposed to protect lives, protect the scene, protect evidence and inform the concerned establishment to undertake follow-up operations (Tilstone et al., 2013). On receiving the notification of a crime, the first officer enters an unknown scenario. They are able to convert the unknown into a known with sufficient certainty if they manage the crime scene with an impulse of scientific tenacity. Only then will the officer be able to establish a secure foundation for the investigation (Geberth, 2006).

This communication presents a list of steps which the first responder must follow at the scene of crime in a temperament of scientific disposition, even though they may have a non-scientific academic background.

Obligations of the First Responder

Whenever a crime is committed, the victim, or the kin of the victim, files a complaint at the nearest police station. The police officer who reaches the scene of crime as the first responder is expected to perform a host of duties which may be broadly listed as follows:

To secure the crime scene

To deal with the injured at the crime scene

To document the crime scene by way of notes and sketches, and, if possible, by photography and videography

To undertake a walkthrough of the crime scene, identifying items of physical evidence, especially those which are likely to be degraded; and

To write the crime report.

The first responding officer, who sees the crime scene in its original state, is duty-bound to protect the integrity of the site so that the follow-up investigations proceed in a mettle of scientific temper (Saferstein, 2015). The latter is a broad term which encompasses several components. Those to which the first responder must adhere to are listed in Table 1, along with their relevance to crime scene management.

Table 1.

Components of Scientific Temper that are Relevant to Crime Scene Management.

Component of Scientific Temper	Relevance to Crime Scene Management
Objectivity	To process the scene in an unbiased manner
Open-mindedness	Not to be carried away by emotions
Ethical	Neither to further victimise the victim, nor to favour the suspect
Precision	Not to leave out any piece of evidence
Reliability	To trust on observations and not on preconceived notions
Accuracy	To remember that exactitude matters
Verifiability	Authenticity in comparing evidence like fingerprints, blood, hair, etc.
Creativity	Every crime scene is unique and therefore management demands innovative thinking
Flexibility	To change the theory in light of new evidence

Source: Compiled by authors.

If the first responder follows an investigative protocol based on such logical, rational and scientific approach, the objectives of the criminal justice system are served.

Protocol to be Followed by the First Responder

When the first officer receives a request to respond to a crime scene, they should note down the time of call and seek the identity of the caller, along with their contact details. The caller may be asked to be a witness at a later date. Information on the exact location of the crime site and the nature of crime should also be sought. The officer should maintain an open and objective mind while approaching the crime scene, knowing very well that they will have to take control of a site which would be ridden with chaos and confusion (Baldwin & May, 2000). Once there, they can progressively restore a semblance of order by following a systematic, stepwise protocol which, in turn, will ultimately lead to successful prosecution of the suspect. The steps, no doubt, will vary from one crime scene to another, but we endeavour to formulate a broad, scientific code of conduct for the first officer at the crime scene.

Assist the injured: On reaching the crime scene, the first officer may find an injured person, most likely the victim of crime, who should be immediately attended to. The officer should send a SOS call for ambulance. For lifting the injured person, the paramedical personnel would have to enter the crime scene which, as a fallout, would become somewhat contaminated. This is the price which the investigators have to pay for saving human life. It is the first responder who has to make a split-second decision whether or not medical assistance outweighs the possible loss of evidence (Houck et al., 2012). Nevertheless, a person who has a scientific bent of mind will hurriedly document the evidence around the injured and then make way for medical assistance (Miller & Jones, 2014).

During the prosecution stage, the first officer may be summoned by the court to describe the position in which the injured was found lying at the scene. This description is important because it throws light on how the person got injured in the first place. Therefore, before the person is lifted, the first officer should draw the outline of the victim with a marker or chalk. One such chalk outline is shown in Figure 1.

The contact details of the paramedical staff should be noted down by the first officer, along with the address of hospital where the injured is being taken.

Arrest the suspect: If the suspect is still at the crime scene or has somehow been detained by the people, the first officer should immediately apprehend him. If the suspect has used a firearm for committing crime, he should be handcuffed despite his protests or status. On firing bullets, the suspect’s hands become coated with a remnant called gunshot residue (Rowe, 2000). When test chemicals are sprayed on the hands of the suspect, a specific colour develops on his palms which is a proof positive that the person in question did open fire. However, if the suspect is able to wash his hands in the intervening period, the colour does not appear. Therefore, till the gunshot residue test is performed by a practicing forensic scientist, the suspect should be kept handcuffed.

Identify safety hazards: An important task entrusted to the police officer who receives notification of crime is to gauge whether the scene is safe. Fire, explosives, toxic fumes, poisonous spills are some of the challenges the first officer attending is likely to face on entering the scene (Houck & Siegel, 2015). At an arson site there is every chance that a gutted building may collapse. There may be exposed electrical wires in a premise which has suffered a short-circuit. At an explosion crime scene a hidden bomb may have been timed to go off after a short interval. The first officer is not expected to re-mediate the hazards, but to warn the onlookers and soon-to-arrive investigating team.

Figure 1.

Source: Centre for e-learning, S.G.T.B. Khalsa College, Delhi.

Secure the crime scene: The crime scene should be cordoned off using barrier tapes so as to prevent any unauthorised person from entering it (Figure 2). Anyone who enters the crime scene, adds something to it; anyone who moves out removes something from it. As a result, the scene becomes despoiled and altered. The physical evidence, which serves as a link between the crime and criminal, gets contaminated and the investigation gets hindered.

Figure 2.

Source: Centre for e-learning, S.G.T.B. Khalsa College, Delhi.

An indoor crime scene may be cordoned off by simply bolting the main door from inside. However, at an outdoor crime site, the barrier tape should engulf an area large enough to include the entry and exit points. A trained official can easily decide upon the perimeter of the region to be cordoned off (Baldwin & May, 2000).

Identify witnesses: Once the first officer has secured the crime scene, they should look for witnesses. Their names, addresses and contact details should be noted down. The witnesses should be kept separate from each other and prevented from discussing the incident amongst themselves so as to maintain the objectivity of their statements. Normally, when witnesses speak in a group, the description becomes confusing and erroneous (Technical Working Group for Eyewitness Evidence, 1999).

Overview of crime scene: After identifying the witnesses, the first officer should once again turn their attention to the crime scene. To have its overview, the officer enters the scene, albeit carefully, taking care not to trample upon any piece of evidence by overstepping. This procedure is called a walkthrough. A biological evidence like blood or semen, which is likely to be degraded with time, should be provided with a tag so that its collection can be prioritised once the forensic team arrives at the scene. Likewise, a physical evidence like hair or fibre, which is likely to be blown off easily, should be provided with a protective covering.

The first responder should also note down the conditions of entry point, whether the door was open or closed or whether a window pane was broken to gain access. It should also be documented whether lights and fans were on or off. Simultaneously, the officer should prepare a rough sketch of the crime scene which may later be fine-tuned (Bertino & Bertino, 2009).

Use discretion only when absolutely necessary: Ideally, the first responder is supposed to handover the crime scene to the team of forensic scientists in the same state as they found it on arrival. This means that none of the physical evidence should be touched or moved from its place. However, under certain circumstances the first officer may have to use their discretion to preserve the integrity of the scene. As a representative example, Figure 3 is an emblematic illustration of an artifact left by the suspect in flowing water.

On arrival, the first officer may feel that water would soon spill out of the wash basin and spread out on the entire scene. This would wash out all other pieces of evidence on floor, such as, blood, hair and/or foot prints. Under these circumstances, it is pertinent that they should close the tap immediately. However, they should do so by gloved hands since there is every likelihood that the suspect would have left his fingerprints on the knob of the tap. The officer should also mention in their report the exact time when the tap was closed.

Manage the media: The representatives of media would try their best to seek information from the first responder even though they are well aware that they are not authorised to speak to the press. However, rather than curtly saying ‘No Comments’, the officer should politely assert that the PRO would soon be at the site to brief the media (Lee & Palmbach, 2006). Under no circumstances the media persons should be allowed to enter the crime scene.

Interact with forensic team: As and when the forensic scientists arrive at the scene, the first responder should briefly enlighten them on the nature of crime and the state of crime scene. They should then guide the team to biodegradable evidence which require urgent attention. Thereafter, the team should be assisted in tagging the remaining evidence. While the forensic personnel are documenting the crime scene by way of photography and videography, the first responder should offer all possible assistance (Horswell, 2000).

Figure 3.

Source: Photograph by authors.

It requires scientific expertise to collect the evidence. Each item has to be collected with a specific aid. For example, hair has to be picked-up by tweezers, wet blood by ear buds, dry blood by spatula. Likewise, each article of evidence has to be packed in a specific container. For example, glass pieces have to be packed in plastic bottles, glass powder in druggist folds and fibres in zip locks (Horswell, 2013). If a digital hand-held scientific device is made available to the concerned officer for guidance, the job becomes easier and systematic.

Before sending the packed evidence for further processing, the first responder must fill up the chain of custody form for each item that he has procured from the crime scene. Chain of custody is defined as the order of personnel who handled specific evidence from the time it was collected at the crime scene to its submission at trial (Zannin & Huber, 2018). The chain thus begins with the first responder who, in turn, must understand its forensic and legal significance.

Report writing: The final task of the first responder is to prepare a comprehensive report of the crime scene. The points should be jotted down at the crime scene itself, while the final version should be drafted once the first responder gets back to the police station. The guiding principle for report writing is the investigative star, also called 5W and IH star (Tilstone et al., 2013). It is shown in Figure 4.

Figure 4.

Source: Centre for e-learning, S.G.T.B. Khalsa College, Delhi.

The star has six points, representing—What, Where, Who, When, Why and How. The integrity of criminal investigation depends on how well the fundamental questions of 5Ws and 1H are answered. At the time of writing the report, the first responder knows:

What crime was committed—whether it was assault, rape, homicide, etc.

Where the crime was committed—they have visited the site.

When the crime was committed—can be gauged from the first notification received.

How the crime was committed—whether a sophisticated firearm or an improvised weapon was used.

The questions as to who committed the crime and why the crime was committed would be answered only after the victim becomes fit to make a statement and/or the suspect is apprehended. These blanks have to be filled up at a later date.

During the period intervening between the commission of crime and prosecution, the first officer may have to visit several other scenes of crime. When asked to testify in the court, it is this crime report that will refresh their mind. Only then will they be able to promptly answer the questions raised by the defence lawyer.

Conclusion

The investigation of a criminal act will reach a logical conclusion only if the initial actions taken by the first responder at the scene of crime are accomplished in an impulse of scientific temperament. Otherwise, the follow-up procedures will most likely fail and the prosecution of the case will collapse. It is therefore pertinent that the first officer should manage the crime scene by following a stepwise scientific protocol and that too with an open mind and a spirit of enquiry.

Footnotes

Declaration of Conflicting Interests

The authors declared no potential conflicts of interest with respect to the research, authorship and/or publication of this article.

Funding

The authors received no financial support for the research, authorship and/or publication of this article.

References

Baldwin

H.B.

, & May

C.P.

(2000). Preservation. In Siegel

J.A.

, Saukko

P.J.

& Knupeer

G.C.

(Eds), Encyclopedia of forensic sciences (Vol. 1, pp. 440–443). Academic Press.

Bertino

A.J.

, & Bertino

P.N.

(2009). Forensic science (pp. 20–47). South-Western Cengage Learning.

Geberth

V.J.

(2006). Practical homicide investigation (4th ed, pp. 31–61). CRC Press.

Hawthorne

M.R.

(1999). First unit responder: A guide to physical evidence collection for patrol officers (pp. 11–23). CRC Press.

Horswell

(2000). Recording. In Siegel

J.A.

, Saukko

P.J.

& Knupeer

G.C.

(Eds), Encyclopedia of forensic sciences (Vol. 1, pp. 443)–447). Academic Press.

Horswell

(2013). Packaging. In Siegel

& Saukko

(Eds), Encyclopedia of forensic sciences (2nd ed., pp. 355–363). Elsevier.

Houck

M.M.

, Crispino

, & McAdam

(2012). The science of crime scenes (pp. 53–64). Elsevier.

Houck

M.M.

, & Siegel

J.A.

(2015). Fundamentals of forensic science (pp. 23–42). Elsevier.

Lee

H.C.

, & Palmbach

T.M.

(2006). Crime scene management. In Wecht

C.H.

& Rago

J.T.

(Eds), Forensic science and law (p. 588). CRC Press.

10.

Miller

M.T.

, & Jones

(2014). Crime scene investigation. In James

S.H.

, Nordby

J.J.

& Bell

(Eds), Forensic science (4th ed, pp. 41–66) CRC Press.

11.

Rowe

W.F.

(2000). Weapons, ammunitions and penetration. In Siegel

J.A.

, Saukko

P.J.

& Knupeer

G.C.

(Eds), Encyclopedia of forensic sciences (Vol. 2, pp. 953)–961). Academic Press.

12.

Saferstein

(2015). Criminalistics: An introduction to forensic science (11th ed, pp. 29–52). Pearson.

13.

Technical Working Group for Eyewitness Evidence. (1999). Eyewitness evidence: A guide of law enforcement (pp. 15–16). National Institute of Justice.

14.

Tilstone

W.J.

, Hastrup

M.L.

, & Hald

(2013). Fisher’s techniques of crime scene investigation (pp. 39–87). CRC Press.

15.

Zannin

, & Huber

(2018). Crime scene investigation. In Barbaro

(Ed.), Manual of forensic science: An international survey (p. 19). CRC Press.