ASTM E860-2007(2013) 3750 Standard Practice for Examining And Preparing Items That Are Or May Become Involved In Criminal or Civil Litigation《已涉或可能涉及刑事或民事诉讼项目的检查和准备标准实施规程》.pdf

1、Designation: E860 07 (Reapproved 2013)Standard Practice forExamining And Preparing Items That Are Or May BecomeInvolved In Criminal or Civil Litigation1This standard is issued under the fixed designation E860; the number immediately following the designation indicates the year oforiginal adoption or

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

3、ems or systems (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 require

4、d, and such examination 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 p

5、ractice are not 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 pro

6、fessional judgment. 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 practi

7、ces and determine the applica-bility of regulatory limitations prior to use.2. Referenced Documents2.1 ASTM Standards:2E1188 Practice for Collection and Preservation of Informa-tion and Physical Items by a Technical InvestigatorE1459 Guide for Physical Evidence Labeling and RelatedDocumentationE1492

8、 Practice for Receiving, Documenting, Storing, andRetrieving Evidence in a Forensic Science LaboratoryE1843 Guide for Sexual Assault Investigation, Examination,and Evidence Collection2.2 Other Documents:NFPA 921 Guide for Fire and Explosion Investigations33. Terminology3.1 Definitions:3.1.1 destruct

9、ive testingtesting, 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.3.1.2 Spoliation of evidencethe loss, destruction, or mate-rial

10、alteration of 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 opportunity

11、of other interested 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 r

12、equired if plannedtesting, 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 s

13、hould document the nature, state, andcondition of the evidence by descriptive, photographic, or othersuitable methods prior to any test, examination, re-examination, disassembly, or alteration.1This practice is under the jurisdiction of Committee E30 on Forensic Sciencesand is the direct responsibil

14、ity of Subcommittee E30.11 on InterdisciplinaryForensic Science Standards.Current edition approved June 1, 2013. Published July 2013. Originally approvedin 1982. Last previous edition approved in 2007 as E860 07. DOI: 10.1520/E0860-07R13.2For referenced ASTM standards, visit the ASTM website, www.as

15、tm.org, orcontact ASTM Customer Service at serviceastm.org. For Annual 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.

16、Copyright ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States15.1.1 Attempt to determine any change(s), alteration(s) orcontamination of the evidence subsequent to the incident, anddocument those findings.5.2 It is recognized that certain character

17、istics cannot bedetermined without destructive testing. Non-destructive testsand 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 sho

18、uld be used tominimize consumption 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

19、should take thefollowing steps: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

20、action described in 5.2 and,5.2.3 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 t

21、he person, firm or agencyplanning 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, fo

22、r example, canbe presumed to 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

23、understand that theremay be parties 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 F

24、or handling evidence related to sexual assault,follow Guide E1843.5.4.2 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 PracticeE1492.6. Documentation6.1 Document methods used and results obtained in tes

25、ts,examinations, disassembly, or other actions conducted incompliance with this practice.6.2 Document the procedures used according to PracticeE1188.6.3 Label any new items of evidence resulting from thetesting according to the procedures set forth in Guide E1459.7. Keywords7.1 evidence collection a

26、nd preservation; forensic 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

27、rights, and the riskof infringement 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

28、for revision of this standard 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 hear

29、ing you shouldmake your 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

30、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). Permission rights to photocopy the standard may also be secured from the ASTM website (www.astm.org/COPYRIGHT/).E860 07 (2013)2