ASTM E860-2007 Standard Practice for Examining And Preparing Items That Are Or May Become Involved In Criminal or Civil Litigation《卷入或可能卷入刑事或民事诉讼的检验及准备项目用标准实施规程》.pdf

1、Designation: E 860 07Standard Practice forExamining And Preparing Items That Are Or May BecomeInvolved In Criminal or Civil Litigation1This standard is issued under the fixed designation E 860; the number immediately following the designation indicates the year oforiginal adoption or, in the case of

2、 revision, the year of last revision. A number in parentheses indicates the year of last reapproval. Asuperscript epsilon (e) indicates an editorial change since the last revision or reapproval.1. Scope1.1 This practice sets forth guidelines for the examinationand testing of actual items or systems

3、(hereinafter termedevidence) that may have been involved in a specific incidentthat are or may be reasonably expected to be the subject of civilor criminal litigation. This practice is intended to becomeapplicable when it is determined that examination or testing ofevidence is required, and such exa

4、mination is likely to changethe nature, state or condition of the evidence.1.2 This practice recommends generally acceptable profes-sional practice, although the facts and issues of each situationmay require specific considerations not expressly addressedherein. Deviations from this practice are not

5、 necessarily wrongor inferior, but such deviations should be justified and docu-mented.1.3 This practice offers a set of instructions for performingone or more specific operations. This document cannot replaceeducation, training, or experience and should be used inconjunction with professional judgm

6、ent. Not all aspects of thispractice may be applicable in all circumstances.1.4 This standard does not purport to address all of thesafety concerns, if any, associated with its use. It is theresponsibility of the user of this standard to establish appro-priate safety and health practices and determi

7、ne the applica-bility of regulatory limitations prior to use.2. Referenced Documents2.1 ASTM Standards:2E 1188 Practice for Collection and Preservation of Informa-tion and Physical Items by a Technical InvestigatorE 1459 Guide for Physical Evidence Labeling and RelatedDocumentationE 1492 Practice fo

8、r Receiving, Documenting, Storing, andRetrieving Evidence in a Forensic Science LaboratoryE 1843 Guide for Sexual Assault Investigation, Examina-tion, and Evidence Collection2.2 Other Documents:NFPA 921 Guide for Fire and Explosion Investigations33. Terminology3.1 Definitions:3.2 destructive testing

9、 testing, examination, re-examination, disassembly, or other actions likely to alter theoriginal, as-found nature, state or condition of items ofevidence so as to preclude or adversely affect additionalexamination and testing.3.3 Spoliation of evidencethe loss, destruction, or mate-rial alteration o

10、f an object or document that is evidence orpotential evidence in a legal proceeding by one who has theresponsibility for its preservation. Spoliation of evidence mayoccur when the movement, change or destruction of evidence,or alteration of the scene significantly impairs the opportunityof other int

11、erested parties to obtain the same evidentiary valuefrom the evidence as did any prior investigator.4. Significance and Use4.1 This practice establishes procedures to be followed todocument the nature, state, or condition of items of evidence.It also describes specific actions that are required if p

12、lannedtesting, examination, disassembly, or other actions are likely toalter the nature, state, or condition of the evidence so as topreclude or adversely limit additional examination or testing.5. Procedure5.1 The person, firm, or agency conducting examinations ortests of the evidence should docume

13、nt the nature, state, andcondition of the evidence by descriptive, photographic, or othersuitable methods prior to any test, examination, re-examination, disassembly, or alteration.5.1.1 Attempt to determine any change(s), alteration(s) orcontamination of the evidence subsequent to the incident, and

14、document those findings.5.2 It is recognized that certain characteristics cannot bedetermined without destructive testing. Non-destructive tests1This practice is under the jurisdiction of Committee E30 on Forensic Sciencesand is the direct responsibility of Subcommittee E30.11 on InterdisciplinaryFo

15、rensic Science StandardsCurrent edition approved April 1, 2007. Published June 2007. Originallyapproved in 1982. Last previous edition approved in 2006 as E 860 97 (2006).2For referenced ASTM standards, visit the ASTM website, www.astm.org, orcontact ASTM Customer Service at serviceastm.org. For Ann

16、ual Book of ASTMStandards volume information, refer to the standards Document Summary page onthe ASTM website.3Available from National Fire Protection Association (NFPA), 1 BatterymarchPark, Quincy, MA 02169-7471, http:/www.nfpa.org.1Copyright ASTM International, 100 Barr Harbor Drive, PO Box C700,

17、West Conshohocken, PA 19428-2959, United States.and examinations should be carried out prior to any destructivetesting, and destructive testing should be kept to a minimum,and thoroughly documented. If exemplars can be used insteadof the subject items, then exemplars should be used tominimize consum

18、ption of the subject item. If proposed tests,examinations, or other actions are likely to alter the nature,state, or condition of the evidence so as to preclude or limitadditional examination or testing, the person, firm, or agencyplanning to perform the proposed action should take thefollowing step

19、s:5.2.1 Notify its client that the proposed action is likely toalter the nature, state, or condition of the evidence so as topreclude or limit additional examination or testing of theevidence.5.2.2 Recommend that its client notify other interestedparties of the proposed action described in 5.2 and,5

20、.2.3 Recommend to its client that other interested partiesbe given the opportunity to participate in the proceduresdescribed in 5.2 or to witness and record any such actions.5.3 If compelling reasons exist for performing the actionswithout notifying other parties, then the person, firm or agencyplan

21、ning the actions should draft and preserve documentationsupporting the compelling reasons for such action.5.3.1 In some criminal cases, notification is superfluous, orwould unnecessarily impede an investigation. Suspects orcriminal defendants in drug possession cases, for example, canbe presumed to

22、be on notice that seized substances will betested. If possible, the examiner should, however, leave asufficient quantity of the substance intact to allow independenttesting.5.3.2 Investigators or analysts working on evidence col-lected for criminal or civil cases should understand that theremay be p

23、arties to a related potential civil or criminal casewhose interests could be prejudiced if evidence is not handledproperly.5.4 Upon completion of testing or examination, preserveand label each item in a manner that protects and maintains itsidentity and integrity.5.4.1 For handling evidence related

24、to sexual assault,follow Guide E 1843.5.4.2 For handling evidence related to fires, and to avoidspoilation in such cases, follow NFPA 921.5.4.3 For documenting the chain of custody, follow PracticeE 1492 .6. Documentation6.1 Document methods used and results obtained in tests,examinations, disassemb

25、ly, or other actions conducted incompliance with this practice.6.2 Document the procedures used according to PracticeE 1188.6.3 Label any new items of evidence resulting from thetesting according to the procedures set forth in Guide E 1459.7. Keywords7.1 evidence collection and preservation; forensi

26、c engi-neers; forensic sciencesASTM International takes no position respecting the validity of any patent rights asserted in connection with any item mentionedin this standard. Users of this standard are expressly advised that determination of the validity of any such patent rights, and the riskof i

27、nfringement of such rights, are entirely their own responsibility.This standard is subject to revision at any time by the responsible technical committee and must be reviewed every five years andif not revised, either reapproved or withdrawn. Your comments are invited either for revision of this sta

28、ndard or for additional standardsand should be addressed to ASTM International Headquarters. Your comments will receive careful consideration at a meeting of theresponsible technical committee, which you may attend. If you feel that your comments have not received a fair hearing you shouldmake your

29、views known to the ASTM Committee on Standards, at the address shown below.This standard is copyrighted by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959,United States. Individual reprints (single or multiple copies) of this standard may be obtained by contacting ASTM at the aboveaddress or at 610-832-9585 (phone), 610-832-9555 (fax), or serviceastm.org (e-mail); or through the ASTM website(www.astm.org).E860072