Crime Scene Investigation: Forensic Science and the Law

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This report provides a comprehensive overview of crime scene investigation, criminalistics, and the legal aspects of evidence admissibility. It explores the procedures involved in investigating a crime scene, including the roles of police officers and criminalists, and details the initial phases, documentation, and processing of evidence. The report also examines various types of evidence, such as physical, documentary, and forensic evidence, and their admissibility in court. Furthermore, it highlights the significance of forensic science in crime scene investigations, discussing the forensic value of physical evidence, including testimonial, circumstantial, and corpus delicti evidence. Specific forensic techniques like blood splatter, DNA, and fingerprint analysis are also examined, along with relevant U.S. Supreme Court cases. The report emphasizes the importance of proper evidence collection, preservation, and presentation within the legal framework to ensure justice.
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Running head- CRIME SCENE INVESTIGATIONS AND THE LAW
Crime Scene Investigation and the Law
Name of the Student
Name of the University
Author Note
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1Crime Scene Investigation and the Law
Executive Summary
This report aims to discuss regarding the various aspects of crime scene investigation,
criminalists, and the laws relating to it. The primary aim of this report is to understand the
procedure of a crime scene investigation and the role of Forensic science in a crime scene
investigation. It further discusses about the forensic value of the physical evidence with a
brief discussion on the characteristics of the contribution of forensic science in deriving and
processing the shreds of evidence. Further, the report provides a detailed picture of a crime
scene investigation and the procedure followed about the derivation of the evidence.
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2Crime Scene Investigation and the Law
Table of Contents
Executive Summary.......................................................................................................1
Chapter 1- Introduction..................................................................................................4
Chapter 2: Crime Scene Investigation...........................................................................5
2.1 Meaning................................................................................................................5
2.2 Role of Police Officer..........................................................................................5
2.3 Role of Criminalists.............................................................................................6
Chapter 3: Procedure of Investigation............................................................................6
3.1 Initial Phase of the Investigation..........................................................................7
3.2 Documentation and Evaluation of the Crime Scene............................................7
3.3 Processing of the Crime Scene.............................................................................7
3.4 Recording the Crime Scene Investigation............................................................7
3.5 Crime Scene Equipment.......................................................................................8
Chapter 4: Kinds of Evidence and their Admissibility in Court...................................9
4.1 Physical Evidence................................................................................................9
4.2 Documentary Evidence......................................................................................10
4.3 Character Evidence............................................................................................10
4.4 Circumstantial Evidence....................................................................................10
4.5 Prima Facie Evidence.........................................................................................10
4.6 Digital Evidence.................................................................................................10
4.7 Forensic Evidence..............................................................................................11
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3Crime Scene Investigation and the Law
4.8 Exculpatory Evidence........................................................................................11
4.9 Hearsay Evidence...............................................................................................11
Chapter 5: Forensic Science in Crime Scene Investigation.........................................11
5.1 Significance........................................................................................................11
Chapter 6: Forensic Value of Physical Evidence.........................................................12
6.1 Evidentiary Cause..............................................................................................13
6.2 Categories of Proof............................................................................................13
6.2.1. Testimonial or personal..................................................................................13
6.2.2 Miscellaneous..................................................................................................14
6.2.3. Corpus Delicti Evidence................................................................................14
6.2.4 Blood Splatter Analysis...................................................................................14
6.2.5 DNA Analysis.................................................................................................15
6.2.6 Fingerprint Analysis.......................................................................................15
Conclusion....................................................................................................................16
Reference..................................................................................................................17
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4Crime Scene Investigation and the Law
Chapter 1- Introduction
It is recognized that all crime scenes are unique and different from each other,
so the process for the investigation of such crime is also different. There involve many
officials who deal with the investigation procedure of the crime scene investigation. They
conduct the procedure of the investigation in a different way. Where there is a crime, there
will be some evidence for that; hence, the primary role of such officials becomes derivation
and the processing of such evidence to make it admissible in the court of law. Forensic
science has developed enormously in the past few decades and with forensic science, the
processing of such evidence became easy with the various types of equipment they use in
order to process and preserve the evidence. Delicate evidence such as the fingerprint, DNA
and determining the blood samples is done by the forensic scientists and the criminologists in
a special way. They process and preserve such evidence in a lab that further helps in
understanding the fate of the crime and helps to link the suspects with the crime. The various
chapters of this report describes about a crime scene investigation in a broader way with a
detailed description of the process conducted to determine the evidences. It also focuses on
the role and importance of forensic science in determining and deriving the evidences from
the crime scene and processing them in the labs for revealing the suspect.
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5Crime Scene Investigation and the Law
Chapter 2: Crime Scene Investigation
2.1 Meaning
A crime scene investigation signifies a process of inspection of the crime scene or the
place where a crime has been conducted. In simple terms, after a crime has been conducted,
the procedure of inspection is known as the Crime Scene Investigation. CSI investigators
examine the crime scenes using their knowledge of science and knowledge of other methods
such as analyzing fingerprints and DNA testing in order to unfold any physical evidence or
non-physical evidence that is present in the crime scene. They carefully investigate the crime
scene by describing how the act has been committed and through various tests, they are
capable of finding out the person creating such a nuisance. The officials involved in the crime
scene investigation include the following (Stewart, 2017). In the case of Michigan
v. Clifford, the U.S. Supreme Court ruled that “consent to a search or an administrative
search warrant must be obtained to conduct a search for fire origin and cause when the
investigation is not a continuation of the original entry.” However, in another case of Mincey
v. Arizona, the court held that a search warrant is not necessary for the initiation of the
investigation in cases of a murder crime scene investigation. Police Officer. Other cases
relating to are Amorgianos v. Nat'l R.R. Passenger Corp and Rasmussen v City of New
York, where the court opined that the testimony would be admissible if relevant.
Forensic Scientists or Forensic Expert
Criminalists
2.2 Role of Police Officer
Police Officers are the first person to get the report of the crime. After they are
informed about the crime, the initiation of the crime scene investigation begun with the police
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imposing questions to the person called for help for further assistance in the investigation of
the crime scene. Police detectives or the police officer uses forensic experts or the
criminalists for the scientific study of the primary evidence extracted from the crime scene.
2.3 Role of Criminalists
Criminalists in broader aspects referred to as the lab tech experts or the crime scene
investigators. Their primary job is to work in the labs or with the local, state or federal law
agencies all over the United States. Criminalist helps in the scientific study of the evidence
and evaluate the physical pieces of evidence derived from the crime scene (Saferstein, 2014).
Their primary role involves the examination of the physical shreds of evidence and links
them with the crime to find the criminals responsible for the crime. They are responsible for
applying the scientific methods in order to recognize, identify and collect all such physical
pieces of evidence extracted from the crime scene. They are referred to as the “Forensic
Scientists,” and they analyse and examine the body fluids in order to determine the DNA or
fingerprint. Their central role revolves around examining g the physical evidence and also
they are responsible for the collection of fingerprints, DNA, or analyse the dead bodies found
at the crime scene.
Chapter 3: Procedure of Investigation
The procedure for the investigation of the crime scene begins with the CSI receiving
the call from the police for such detection (Ncjrs.gov, 2020)The system works in the
following way:
1. After the CSI arrives at the crime scene, the initial phase starts with the initial
response of the experts, which involves the process of examination.
2. The second stage involves documentation and further procedures for evaluating the
crime.
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7Crime Scene Investigation and the Law
3. Processing the scene with the sole purpose of evaluation of the crime scene.
4. Recording the crime scene investigations.
5. The final stage involves crime scene equipment.
3.1 Initial Phase of the Investigation
It started upon the arrival of the officer and considered a methodological way of
keeping a record of the crime scene (Pepper, 2016). The officers make the whole observation
of the crime scene and cautiously approach the crime scene by remaining observant of any
people, any vehicle, event and occurrences around the crime scene.
3.2 Documentation and Evaluation of the Crime Scene
The officers determine the various kinds of incidents that need to be investigated. The
officer gives an overview of the entire scene and collects all the physical evidence available
at the crime scene (Bandyopadhyay, 2018). It ensures the collection of all the physical
documents present at the crime scene. They evaluate all the evidence available at the crime
scene that would ensure the disclosure of the criminal who is involved in the crime.
3.3 Processing of the Crime Scene
This step requires the requisite of the additional officers such as the forensic experts
and the criminalists who will help in the further study of the physical evidence such as the
fingerprints and the DNA extracted from the crime scene (Forensicsciencesimplified.org,
2020). This process requires the prevention of all such physical and other evidence from
getting damaged during the time of examination. This process is known to control the
contamination of all such physical and other kinds of evidence derived at the crime scene. It
also involves the documentation of all such evidence derived from the crime scene.
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3.4 Recording the Crime Scene Investigation
It involves recording all the materials or the evidence derived from the crime scene.
The officials systematically collect or preserves all the potential evidence such as the
fingerprints and the blood samples and conduct the examination of those materials in the labs
to determine the truth of the conduct of the crime (Fisher & Fisher, 2014). A crucial aspect of
this process is the packaging of the physical evidence so that it remains intact through the
way to the lab for testing by the criminalists or the forensic experts.
3.5 Crime Scene Equipment
Some evidence, such as the fingerprints and the blood samples are difficult to
preserve and derive from the scene. So there is the special equipment for the derivation and
the preservation of all such delicate evidence. Experts such as the criminologists and the
forensic experts deal with the derivation and the preservation of such evidence through
specific equipment. This process includes all the equipment that is necessary for the
investigation of a crime scene. There are various kinds of equipment used at a crime scene.
They are used for the determination of all the physical as well as other evidence that is
necessary to derive the evidence are:
Footprint Kit- They are used to derive the footprints that are suspected to be present at
the crime scene investigation. It includes various kinds of tools such as the acrylic
sheet, aluminum frame and plastic bucket. There are various other kinds of objects
used to derive the footprints from the crime scene and preserve it as evidence for the
detection of the criminal
Fingerprint Kit- This kit contains various other objects that will help in the
preservation of the fingerprints and derive the fingerprints from the crime scene. It
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9Crime Scene Investigation and the Law
includes various kinds of ink and powder, brushes, lifting tape, atomizer, and
fingerprint slip (Wagner et al 2018). .
Blood Examination Kit- This kit contains all the tools required for the preservation of
the blood samples or the bloodstains recovered from the scene through investigation.
It includes tools such as hydrogen and the Benzedrine solution, surgical gauge, and
surgical cotton. This equipment or solutions further help in the identification of the
criminal who might have left some stain or blood drops back at the crime scene.
Photography and Sketching Kit- This kit includes the cameras the experts use to take
pictures of the crime scene that will further help in the preservation of the facts as it
was on the commission of the crime. It also includes the experts who assist with the
police officers for drawing the sketches of the suspects from the description provided
by the people around who might have seen the suspect during the commission of the
crime.
Chapter 4: Kinds of Evidence and their Admissibility in Court
Evidence is a very crucial part of the crime scene as the determination of the criminal
is dependent upon it and failure to determine it may lead to freeing the criminal from legal
liabilities (michiganforensics, 2020). The Federal Rules of Evidence governs the kinds of
evidence and their admissibility in the court of law. Article IV of the law governs the
relevance and admissibility of such evidence. Evidence is in many forms that may be
biological or in terms of objects. Any kind of relevant evidence is admissible in the court of
law. The various kinds of evidence and their admissibility are described below.
4.1 Physical Evidence
Evidence that is in the form of factual matters is referred to as physical evidence.
They are generally the objects that may be any cloth, fire ammunition, knives and other
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10Crime Scene Investigation and the Law
kinds of objects available in court (The Library of Congress, 2020). They may be in
whole or in part. In criminal cases, they also consist of the DNA, blood samples or the
fingerprints extracted from the crime scene.
In the court of law, they are referred to as the “material evidence” and admissible as
the prime objects or evidence for the determination of the crime.
4.2 Documentary Evidence
They are referred to as the documents or written materials extracted from the crime
scene. They can also be any proof presented in writing in the court of law. They are the
written form of proof and are admissible in the court.
4.3 Character Evidence
This kind of evidence refers to testimony or document that helps in proving the
person’s character. This refers to any document received that signifies the character of a
person. Such evidence is admissible in the court of law.
4.4 Circumstantial Evidence
This kind of evidence is an indirect kind of evidence and demonstrated based on the
chain of series or occurrence. It does not involve the direct material. It suggests deducing the
facts on the base of the chain of occurrences.
This kind of evidence is mostly used in criminal cases, but they are not considered as
convincing evidence and have a different burden of proof of such a chain of occurrence.
4.5 Prima Facie Evidence
These are the kind of evidence that is derived from its first appearance. They are
generally presumptive evidence that requires stronger evidence as a support and only
admissible in the court until disproved by another party.
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11Crime Scene Investigation and the Law
4.6 Digital Evidence
This kind of evidence is in the kind of any digital file or the files received from any
electronic source. These include text messages, photographs, an audio file, video file and
other kinds of electronic financial transactions. Digital evidence is admissible in the court of
law.
4.7 Forensic Evidence
It includes scientific evidence such as the fingerprints, blood samples, DNA, trace
evidence and ballistics reports that can prove the guilt of a person (Archives.fbi.gov, 2020).
This kind of evidence is considered as a reliable source of evidence to convict a criminal.
4.8 Exculpatory Evidence
This kind of evidence is mostly used in cases of a criminal trial that favors the
defendant individually. In a criminal case where police find such evidence, it becomes
essential to disclose it is failing to which the case might be dismissed.
4.9 Hearsay Evidence
This kind of evidence includes the statements by the witnesses who are not present
during the trial. This kind of evidence is not admissible in the court of law.
Chapter 5: Forensic Science in Crime Scene Investigation
5.1 Significance
Forensic Science is the application of science to criminal and civil laws during crime
scene investigations as governed under the evidence law for its admissibility in court and the
conduct of the criminal procedure (National Institute of Justice, 2020). The forensic scientist
is responsible for the collection, examination and preservation of all such physical and other
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12Crime Scene Investigation and the Law
evidence derived from the crime scene. They are occupied in laboratory roles by performing
various kinds of examinations for the derivation of the evidence.
In today’s world, with emerging technologies, forensic science has also developed.
The usage of forensic science has become evident in the modern days as it helps in the
identification of the criminal in a simplified and easy way (Jackson, 2016). There are various
kinds of physical evidence present at the crime scene. The determination of all such evidence
becomes challenging without the help of forensic science. Various cases in the history of
legislature concluded due to the derivation by the forensic experts. For example, in the case
of Daubert v. Merrell Dow Pharmaceuticals, the U.S Supreme court stated the need for
scientific knowledge to prove the admissibility in the court. It states the need for forensic
science in order to prove the admissibility of the evidence in the court.
Various types of physical evidence are present in a crime scene. There are various
kinds of evidence that are examined by forensic scientists. The Forensic Evidence can be
divided into two categories mainly into transient evidence and tangible evidence. Transient
evidence is evidence that is considered to be fragile and hard to be preserved. Whereas,
tangible evidence is the material evidence that is derived from the crime scene during the
investigation (Belair, 2015). The primary role of the forensic scientist revolves around
fingerprint testing, DNA testing, blood sample analysis and many other examinations for
identifying the criminal.
Chapter 6: Forensic Value of Physical Evidence
Every crime is unique in its conduct. The physical evidence derived from the
investigation must be handled appropriately at the crime scene. Therefore, it is of utmost
importance to preserve the forensic value of all such materials so that they do not get
damaged. Forensic experts take charge of preserving such delicate information. The primary
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13Crime Scene Investigation and the Law
purpose of the Forensic investigation of the crime is about providing information to link the
suspect and the victim together. The forensic analysis helps in establishing the link between
the victim and the suspect. Thus, the analysis not only helps in the scientific analysis of the
crime scene but also helps in providing various kinds of information regarding the crime. It
further helps in the revelation of the facts of the cases involving physical evidence and helps
in concluding it through various scientific studies.
6.1 Evidentiary Cause
All such evidence that is present physically in the place of the crime scene is referred
to as physical evidence. After the recognition of the evidence in the crime scene, it needs to
be adequately preserved. Moreover, in order to such preservation, experts conduct various
processes. The role of a forensic scientist starts from the crime scene with the recognition and
recovery of physical evidence. It proceeds further with its analysis and the evaluation of the
results in a Forensic Science laboratory, and the presentation of the findings in the form
report to judges, prosecutors, and lawyers. From the first responders to the end-users of the
information, all personnel involved should have an adequate understanding of the legal
process, the scientific disciplines and the specialized services provided by forensic
laboratories. However, the physical evidence contributes in various other ways in a very
significant way. Other roles related to placing the suspect at its correct place, linking the
suspect with the weapon, Establishing the various aspects of the crime scene, distinguishing
between the various conduct of primary and secondary crimes and establishing the scope of a
crime scene. This various evidence collectively plays a significant role in determining the fate
of the crime investigation.
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14Crime Scene Investigation and the Law
6.2 Categories of Proof
6.2.1. Testimonial or personal
They are the categories of evidence that can be linked directly to the commission of the
crime. They constitute the eyewitnesses, confessions, and the person’s attitude.
6.2.2 Miscellaneous
This category includes evidence such as the conduction of any polygraph tests, voice
analysis, and any psychological examination conduction in order to the determination of the
crime that is permitted by the court. All such results of the examination may be admissible by
the court.
6.2.3. Corpus Delicti Evidence
They are the main form of evidence in any crime scene. This includes evidence that proves
the commission of the crime in the first place. Before the initiation of the investigation
procedure, there must exist sufficient proof to determine the commission of the crime in the
first place. Such evidence includes the dead bodies or any weapon found at the time of the
commission of the crime. Such evidence is divided into two following categories :
Non- living physical evidence
Living physical evidence
Non- living Physical evidence
They are the material evidence those are3 derived from the crime scene such as any
weapon, glass pieces, paint, cloth, material, documents, drugs, foot or finger marks.
Living-Physical evidence
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15Crime Scene Investigation and the Law
The living physical evidence is the human body materials derived from the crime scene at
the time of the investigation (Buckleton, Bright, & Taylor, 2016). It includes blood,
organ, semen, fluids, hair samples and fingerprints.
6.2.4 Blood Splatter Analysis
This method is a beneficial way of understanding the cause of the bloodstains
or in determining the source or the reason for such blood patterns. The Blood Splatter
analysis helps in a criminal investigation to reconstruct the chain of events for which the
blood pattern occurred (Haiduven, Applegarth, & Shroff, 2014). The practicality of discrete
bloodstains and bloodstain patterns lies in their preservation of information evocative of the
potential actions that could have formed them. The sizes of the specific pigments combining
a pattern, the shapes of these stains and their dispersal comparative to one another can be
operated to regulate how a specific stain or design may have been created. Bloodstain pattern
analysis estimations are showed to govern what deed or arrangement of activities could have
formed the bloodstains and designs detected. The following outlines of blood splatter
analysis are as follows:
Drip Pattern
Cast Off Pattern
Impact Pattern
6.2.5 DNA Analysis
The DNA analysis is also named as DNA fingerprinting. It is a highly
advanced form of genetic identification. In cases of determination of the parents of a
bloodline, DNA analysis is useful (Aronson, 2014). Not only that, through DNA testing, but
the suspect can also be quickly revealed. For example, the murder case of Jay Cook and
Tanya Van Cuylenborg became a landmark in the enhancement of criminal forensic
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16Crime Scene Investigation and the Law
investigation as it was the first case of such to be tried before the court of law. In another
murder, the case of April Tinsley the murder was identified through the process of DNA
testing.
6.2.6 Fingerprint Analysis
Fingerprints are the individualistic nature that a person possesses. Even the
DNA is identical in twins, but the fingerprints always vary as every person possesses a
different and unique fingerprint which can never be identical. One of the crucial uses for
fingerprints is to help agents bond one crime scene to another involving the same person. The
Case of People v. Jennings was a landmark case as this case first used fingerprint as
evidence. Fingerprint analysis is a crucial part of determining the identity of the suspect.
Conclusion
In conclusion, the various aspects of the determination of the evidence have been
discussed in the report. It gives a detailed picture of the crime scene investigation, the
officials relating to that and the process that is conducted in order to determine the crime and
the criminals relating to it. With the emerging technological advances and the use of science
in every field, the role of forensic science in determining the crime has changed. The role of
scientific technologies became important even in understanding the crime scene situation.
The various chapters of this report describe a crime scene investigation in a broader way with
a detailed description of the process conducted to determine the evidence focusing on the role
and importance of forensic science in determining and deriving the evidence from the crime
scene and processing them in the labs for revealing the suspect.
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17Crime Scene Investigation and the Law
Reference
Amorgianos v. Nat'l R.R. Passenger Corp., 303 F.3d 256, 265 (2d Cir. 2002)
Archives.fbi.gov. (2020). Retrieved 10 February 2020, from
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april2000/twgcsi.pdf
Aronson, J. (2014). Genetic Witnesses: Science, law and controversy in making DNA
profiling (5th ed.). Rutgers University Press.
Bandyopadhyay, S. (2018). Analysis for Crime Scene Investigation and
Reconstruction. Forensic Science & Addiction Research, 3(3).
Belair, R. (2015). Forensic DNA analysis.
Buckleton, J., Bright, J., & Taylor, D. (2016). Forensic DNA evidence interpretation (2nd
ed.). CRC Press.
Bullcoming v. New Mexico, 564 U.S. 647 (2011).
Daubert v. Merrell Dow Pharmaceuticals 509 U.S. 579 (1993).
Fisher, B., & Fisher, D. (2014). Techniques of Crime Scene Investigation (9th ed.). CRC
Press.
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18Crime Scene Investigation and the Law
Forensicsciencesimplified.org. (2020). Fingerprint Analysis: Introduction. Retrieved 8
February 2020, from http://www.forensicsciencesimplified.org/prints/
Haiduven, D., Applegarth, S., & Shroff, M. (2014). An experimental method for detecting
blood splatter from retractable phlebotomy and intravascular devices. American
Journal Of Infection Control, 37(2), 127-130.
Jackson, A., & Jackson, J. (2016). Forensic science.
Michigan v. Clifford, 464 U.S. 287 (1984).
michiganforensics. (2020). Forensic Evidence Types. Retrieved 8 February 2020, from
https://www.michigan.gov/documents/msp/Forensic_Evidence_Types_390544_7.htm
Mincey v. Arizona - 437 U.S. 385, 98 S. Ct. 2408 (1978)
National Institute of Justice. (2020). Forensic Sciences. Retrieved 10 February 2020, from
https://nij.ojp.gov/topics/forensics
Ncjrs.gov.(2020). Retrieved 8 February 2020, from
https://www.ncjrs.gov/pdffiles1/nij/178280.pdf
Pepper, I. (2016). Crime Scene Investigation: Methods and Procedure (7th ed.). Open
University Press.
Rasmussen v. City of New York, 10 Civ. 1088 (BMC), 2 (E.D.N.Y. Feb. 23, 2011)
Saferstein, R. (2014). Criminalistics (3rd ed.).
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International Journal, 4(5). doi: 10.15406/frcij.2017.04.00127
The Library of Congress. (2020). U.S. Reports: Michigan v. Clifford, 464 U.S. 287 (1984).
Retrieved 8 February 2020, from https://www.loc.gov/item/usrep464287
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Wagner, H., Püls, S., Barghouti, T., Staudinger, A., & Melchart, D. (2018). Chromatographic
Fingerprint Analysis Volume V (2nd ed.). Cham: Springer.
Williams v. Illinois 132 S. Ct. 2221 (2012).
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