LEGAL ASPECTS OF OBTAINING EVIDENCE FOR ANALYSIS BY FORENSIC TECHNIQUES

• NCJ Number: 16711
• Journal: Journal of Forensic Sciences Volume: 19 Issue: 3 Dated: (JULY 1974) Pages: 428-440
• Author(s): P C GIANNELLI
• Date Published: 1974
• Length: 13 pages
• Corporate Author: American Soc for Testing and Materials
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THE IMPACT OF THE MIRANDA, WADE, SCHMERBER V. CALIFORNIA AND OTHER SUPREME COURT DECISIONS ON ADMISSIBILITY OF EVIDENCE IS DISCUSSED.

Abstract

DECISIONS SUCH AS MIRANDA AND WADE HAVE TENDED TO UNDERMINE THE RELIANCE OF THE POLICE ON TRADITIONAL CRIME-SOLVING METHODS, SUCH AS CONFESSIONS AND EYEWITNESS IDENTIFICATIONS. HOWEVER, THE JUDICIAL TREATMENT OF THE CONSTITUTIONAL ISSUES THAT HAVE ARISEN WHEN THE POLICE HAVE RESORTED TO FORENSIC TECHNIQUES HAS NOT HAD THIS INHIBITORY EFFECT. ON THE CONTRARY, THESE RULINGS GUARANTEE THE EXPANDED USE OF FORENSIC TECHNIQUES. BY ADOPTING A RESTRICTIVE VIEW OF THE PRIVILEGE AGAINST SELF -INCRIMINATION IN SCHMERBER V. CALIFORNIA, THE SUPREME COURT REMOVED THE PRINCIPAL FIFTH AMENDMENT OBJECTION TO THE COLLECTION OF FORENSIC EVIDENCE FROM SUSPECTS. UNDER SCHMERBER THE TEST IS WHETHER THE EVIDENCE IS TESTIMONIAL IN CHARACTER. THE AUTHOR POINTS OUT THAT FORENSIC TECHNIQUES INVOLVE NONTESTIMONIAL EVIDENCE AND, THEREFORE, THE COLLECTION OF SUCH EVIDENCE FALLS OUTSIDE THE PROTECTION OF THE SELF-INCRIMINATION CLAUSE. (AUTHOR ABSTRACT)