Role of Veterinary Practitioner at Scene of Crime
Abstract
A thorough and systematic crime scene investigation is the principal requirement to prove a criminal case against animals beyond the doubts before courts of law. A fair investigation must include identification and collection of various physical evidences and trace evidences and requires to interconnecting them before presentation in the courts of law. A veterinary doctor at scene of crime is best equipped with the knowledge essentially needed to assist the investigators to make optimum use of scanty resources available with regards to analysis of biological evidences. Most of the biological evidences in the form of blood, seminal fluid, vaginal smears, hairs, viscera, tissues, pieces of skin, nails etc. are collected and preserved by veterinary doctors, but almost always away from scene of crime, when the carcass has been shifted and transported. A visit of a veterinary doctor to scene of crime provides an opportunity to gain firsthand knowledge of vital circumstantial evidences needed to interpret postmortem findings to answers to queries regarding time, cause and manner of death, time, mechanism and nature of injuries.
Key words: Veterinary forensic, CSI, vetero-legal case, trace evidence
Introduction
Veterinarians occupy a unique role in the legal process of identifying cruelty and bringing its offenders before the law. People don’t prefer to pretend as animal cruelty is one of those crimes that happen. Unfortunately, these crimes do occur, and it is because of them that the field of veterinary forensics was born. There is no database of animal cruelty statistics in India so
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Corresponding author: Dr. J.P. Kachhawa, Assistant Professor, Department of Clinical Veterinary Medicine, Ethics and Jurisprudence, College of Veterinary and Animal Science, RAJUVAS, Bikaner (Rajasthan)-334 001: Email- jpkachhawa@gmail.com
it is hard to determine how many of these crimes are committed annually. Veterinarians are often the first line of defense against animal abuse. Therefore, the collection of evidences must begin from the scene of crime itself and that too at the first. Criminal investigation in India is mostly conducted by the police investigators. The investigators are one of the first persons to visit scene of crimes and to plan & decide upon further course of action. Investigating officers have started asking & arranging for scene of crime visit by Forensic Scientists and others. Presently, scene of crime investigation teams in India do not have a veterinarian as a member. A veterinarian can be of great help in guiding even an expert photographer in vetero-legal aspects to extract what really is anticipated to be. Therefore, investigations usually are deficient in quality in terms of analysis of complex vetero-legal complexity. This article is focused on role of veterinary practitioner at the scene of crime because of growing need and demand for objective, methodical and scientific methods of investigations of scene of crime in India.
Objectives of visit of a veterinarian to scene of crime
- Finding to answers to queries regarding time, cause and manner of death, time, mechanism and nature of injuries.
- Minimizes misinterpretation of facts due to introduction of artifacts due to passage of time.
- Most important is to judiciously selection of biological evidences to be collected.
- Best opportunity for interaction with various experts involved in the case i.e. Investigating Officer, Forensic Scientist, Fingerprint/Ballistic/Handwriting Expert/ Photographer (Horswell, 2004).
- Explain importance of early analysis of an evidence in a particular case
There will be paramount disadvantage, if doctor not visited at the scene of crime including fresh injuries may be added during dragging, injuries may be masked due to onset of decomposition, rigor mortis may get broken down during transportation, seminal and blood stains may be wiped off, introduction of fresh elements, dirt, stains etc. (Karmakar, 2007).
Crime scene investigation (CSI)
Investigation of the crime scene covers many different areas in which the veterinarian is either directly or indirectly involved. First, the crime scene must be secured (Dale, 2007) then investigation of the crime scene is the most important step (Merck, 2007). According to Dr. Melinda Merck, “The presence of an injured or deceased animal at a crime scene should obviate the need for a veterinarian to be present. However, in reality, a veterinarian’s presence at a crime scene is more the exception than the rule” (Merck, 2007). Without the evidence, there is nothing to convince the jury that the crime even happened. In both human and veterinary forensic investigations, steps must be taken to ensure that all of the evidence is properly identified, documented, collected and preserved. The sources of information about crime include witnesses, neighbors, landlord, owner, friends, and the first officer on the scene. The veterinarian should gather as much information as possible from all sources. In human cases, this could be someone who heard a gunshot, a person who expects that his or her neighbor is the victim of domestic abuse. In animal abuse cases, this could be done by a family member who sees the abuse, a neighbor who thinks that something is wrong with the dog on the other side of the fence, or a veterinarian who suspects an animal is being abused (Nickell, 1999). Veterinarians, like human medical doctors, should be aware of the signs of abuse and what their states’ laws are concerning the reporting of suspected abuse (Yoffe-Sharp, 2009). The animal found at the crime scene treated itself as a crime scene. When introduced in forensic casework, infrared imaging can help investigators to detect, to visualize, and to identify useful evidence nondestructively (Edelman et al., 2013). The initial results of the tests will either support initial conclusion or may guide in a different way. These results of the forensic tests may also provide you with additional evidence that not seen in initial physical. The integrity of the evidence may be compromised with time but sometime it is needed to reinvestigate the crime scene and further need to perform tests.
Proper history and interpretation of the case
In absence of a detailed and reliable history by attendants may be one-sided, biased and unreliable and with very limited access to diagnostic and analytical aids the misinterpretation of findings of post-mortem may be obvious. An understanding of common motives underlying animal cruelty can aid the veterinarian in asking appropriate questions, it can help to describe findings that can be significant for assessing the potential risks the alleged perpetrator may pose to other animals and humans (Lockwood and Arkow, 2016). Poor infrastructural facilities, unreasonable delays in dispatching collected samples, long pendency of cases at FSL, lack of properly trained staff at FSLs are the major constraint for obtaining aids from diagnostic and analytical side (Nandy, 2010).
Initial physical examination
Precautions should be taken to avoid contaminations of evidence by wearing cap, mask, gown and gloves at the beginning of examination. Take photographs throughout the examination. At any crime scene, photography is one of the most important steps in the crime scene investigation (Dale, 2007 and Merck 2007). Record the body weight and body score, mental status and overall health of the animal. Look for extreme fear reactions such as defecation, urination, head shyness and fear of a specific type of person or what they are wearing. Examine the coat with UV light for trace evidence, saliva, blood (own, another animal or human) and other body fluids to be tested for poisons, biological agents, parasites, etc. (Dale, 2007 and Merck 2007). The animal body thoroughly examined for head trauma, abrasions and bruises, burns, gunshot wounds, knife wounds etc. Photograph all injuries before and after shaving or treatment. When taking samples also take control swabs adjacent to the area of interest. Do not ruin evidence with treatment.
If original evidence distorted at the crime scene
The collection and preservation of biological evidences such as of blood, seminal fluid, vaginal smears, hair, viscera, tissues, pieces of skin, nails etc. away from the crime scene when carcass has been shifted or transported particularly in case of malicious poisoning the regurgitate ingesta at the crime scene have maximum concentration of poison. It is ironical, but an unfortunate fact that police insists to preserve sample of viscera at necropsy, whereas no sincere effort is made to preserve from scene of incidence. In addition, the veterinary forensic expert must remain unbiased, necessitating an understanding of evidence maintenance and authentication (Touroo, and Fitch, 2016).
Lack of professionalism of doctors in vetero-legal cases
The undergraduate curriculum and thereafter internship program of B.V.Sc. & A.H. students, is unable to lay adequate stress on this compulsory responsibility towards society. Most of the veterinary doctors performing vetero-legal work are not well trained and non-specialists in forensic veterinary medicine. Furthermore, the doctors are least inclined and motivated to perform such duty with passion and sincerity that it demands. Rather, they are usually found trying to avoid and sometimes resist on being asked to do vetero-legal work. The study curriculum in relation to forensic science in providing high quality relevant courses for future forensic practitioners, developing current forensic practitioners through their participation in applied research, short courses, conferences and developing the practice of crime scene science, through the identification, engagement and dissemination of pure and applied research.
Chain of custody
This refers to a recording process where the evidence is accounted for at all times. Any evidence related to a crime must follow a chain of custody (Tilstone, 2006). All evidence must be labeled with date and time, a description of the item and the person who collected it should sign across the seal. Evidence without proper chain of custody documentation is considered tainted and will be challenged in court. The weather at the crime scene should be documented, including temperature, humidity, etc. (Merck, 2007). For avoiding any confusion and doubt of mishandling, an evidence log book must be maintained. If the evidence is transferred to another person, location or laboratory, this must be noted with time and date and a signature required (Peterson et al., 2013; Gwaltney-Brant, 2016). This is crucial for the test results to be admissible and to stand up to scrutiny in court.
Evidence collections
The veterinarian should be attentive about imperative biological evidence including:- financial records, bone, animals, animal remains, blood and DNA samples etc. In point of view of law enforcement, the importance of a crime scene, the value of evidence, and how to properly recognize, document, and collect evidence (Blozis, 2010). The pattern of blood stains, shape and size of the drops and voids in blood stains can tell a trained blood stain analyzer many different things about where the victim and suspect were standing, how many blows occurred and what type of weapon was used (Lee et al., 1998; Merck, 2007).
It is required that evidence should not be kept in plastic bags because moisture can compromise the integrity of the sample. Wet evidence should be kept in plastic bag and immediate transport within two hours (Dale, 2007 and Merck, 2007). Regression analyses demonstrated that forensic evidence played a consistent and robust role in case-processing decisions (Peterson et al., 2013).
It is important to have the proper tools to conduct examination and collect evidence from scene of crime.
Crime scene investigation kit for veterinary practitioner
| Surgical gloves | Measuring tape & steel tape roll |
| Surgical knives with spare blades, forceps, scissors, blunt probes | Flashlight/ UV light |
| Hand lens | Digital camera |
| Clean containers (glass & plastic) | Polythene & paper envelops |
| Cotton swabs | Glass slides |
| Glass marking pencils | Suitable thermometer |
| Notebook, pen, markers, pencils | Disposable syringes, glass vials (EDTA & oxalate) |
| Stethoscope |
Note: A few articles may be added depending upon specific requirement in a particular case.
Trace evidence
The animal’s body and behavior have some negative attributes for retention and recovery of trace evidence in comparison to human. Persistence of trace evidence is affected by the size and texture of the material being transferred, the surface on which it is retained and how easily it is removed. The very first step prior to collection, always photograph trace evidence. The fur can cling to imbedded trace and can stick over entire body. Unlike to human nail, animals have pocket under, in animals unless the nail is frayed trace evidence may not become trapped and the evidence is caught in there or on the fur between the toes and pads of the feet. Other sources of trace evidence may be collars and leashes. The persistence of trace evidence is also affected by the length of time since the offense was committed and the activity of the suspect or victim. The animals may lick, rub or roll around and they often tend to run and hide, this removes valuable evidence. To preserve trace evidence an animal’s body should be wrapped in a white sheet and sealed in paper bags prior to transport.
Thinks to keep in minds at scene of crime:
A doctor is not supposed to touch or alter anything until the same has been identified, documented and photographed. He has to ask/inform the Investigating Officer before moving anything. He should not lead but follow the police around the scene (Mathiharan and Patnaik, 2006). The veterinary doctor should not pronounce anything about cause, manner, and time of death or the weapon causing certain injuries (Horswell, 2004). Concise history must enquire about incidence if available, prior manipulations/handlings, original position/posture of the carcass and it is also necessary to understand the relevance of conditions on the crime scene (Reddy, 2011; Touroo, and Fitch, 2016). Photographer should direct to take snaps on account of vetero-legal point of view. Make a sketch of position and condition of carcass in relation to surroundings and depict relevant details in body diagrams (Karmakar, 2007). A hand-drawn diagram of the scene should accompany these photographs, with labels including coordinates indicating where evidence was located (Dale, 2007). Description of clothing and signs of struggle, stains, hairs or foreign objects found therein. Description of rigor mortis, hypostasis, signs of decomposition etc. for estimation of time since death should be noted. Markings of weapons, bullets, cartridges or cartridge cases must be done for identification after exercising, due care to preserve hair, fibers, stains or fingerprints. Presence of drag marks or shifting of body from some other place must be noted
Conclusion
While prosecution of animal cruelty cases is generally considered the exclusive purview of law enforcement, veterinarians who routinely examine and treat sick and injured animals occupy a unique role in the legal process of identifying cruelty and bringing its perpetrators to justice. It is up to veterinary forensic expert to accumulate the evidence necessary to convince the court of law in order to successfully prosecute those who committed the animal cruelty.
J.P. Kachhawa and A.P. Singh
Department of Clinical Veterinary Medicine, Ethics and Jurisprudence
College of Veterinary and Animal Science, RAJUVAS, Bikaner (Rajasthan)-334001
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