Survey of Law Enforcements Forensic Backlogs

Survey of Law Enforcement's Forensic Backlogs

LEFP instrument_5-5-08

Survey of Law Enforcement's Forensic Backlogs

OMB: 1121-0320

Document [doc]
Download: doc | pdf

OMB No. 1121-XXXX: Approval Expires XX/XX/200X

RETURN TO

}

RTI International

Survey of Law Enforcement Forensic Evidence Processing

Data Receipt

P.O. Box 12194

Research Triangle Park, NC 27709

FAX: 1-800-262-4292

SURVEY OF LAW ENFORCEMENT FORENSIC EVIDENCE PROCESSING


U.S. Department of Justice,

National Institute of Justice


Burden Statement

An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid OMB Control Number. Public reporting burden for this collection of information is estimated to average 60 minutes to respond to the survey, including time for reviewing instructions, gathering and maintaining the data needed, and completing and reviewing the collected information. Send comments regarding this data collection to the Director, National Institute of Justice, 810 Seventh Street N.W., Washington, DC. 20531.

Questionnaire Sent In Care Of:

Name

<Fname> <Lname>

Case ID

<CaseID>

Title

<Title>

Information Supplied By:

Name

Title

Agency name

Number and street or P.O. box/route number

City

State

ZIP code

E-mail address

Telephone (area code and number)

Extension

Fax number (area code and number)



Instructions for Completing the Survey of Law Enforcement Forensic Evidence Processing

1. The person(s) designated to respond to this survey should have an understanding of the agency’s system for processing evidence in criminal cases. We would recommend designating a single point of contact for the survey. This individual should be positioned to assist with coordination between various units within the agency whose input may be necessary in completing the survey. These units may include staff in Crime Analysis, Research and Planning, and Criminal Investigations. Since the survey is focused on forensic evidence that has not been submitted for analysis, your participating Forensic Crime Laboratory is most likely not the best unit to answer survey questions (although they may assist in answering specific questions if necessary).

2. Please make every attempt to answer the survey questions as completely as possible, but understand that exact numbers are not required – your best estimate is an appropriate response.

2. The label on the front cover contains identifying information about your agency. Answer all questions for the jurisdiction that your agency serves.

3. Answer each question in sequence by marking the appropriate box and/or by printing the requested information in the space provided. In some cases, you will be requested to skip certain questions based on your response. If you need to give an explanation for an answer, please use the space provided.

4. Please complete the survey as soon as possible and return it using one of the following methods: (1) Internet: The survey can be completed online at http://XXXX.rti.org. Your logon ID is <WebAccessCode>. The website's "save" feature allows you to complete the questionnaire in multiple sessions. (2) Mail: You can return the completed survey by mail in the enclosed envelope. (3) Fax: You can fax the completed survey to XXX

5. If you need assistance to answer any question, please e-mail RTI at xxxxx@rti.org or call RTI at 1-800-XXX-XXXX.

Although you are not required to respond, your participation is very important for the success of this DOJ survey.



Past Year – January 1 to December 31, 2007

1. How many homicide (murder and non-negligent manslaughter – UCR category 1a), forcible rape (including attempted forcible rape – UCR categories 2a and 2b), and property crime cases were received by your office during calendar year (CY) 2007 (January 1 to December 31, 2007)? If no crimes reported during this period, skip to question #4.

a. Homicide …………………

b. Rape …………………

c. Property crime …………………

2. Of those homicide, rape, and property crime cases investigated in CY 2007, how many remain open?

a. Homicide …………………

b. Rape …………………

c. Property crime …………………

3. Of the open homicide, rape, and property cases investigated in CY 2007, please estimate the percentage of cases for which forensic evidence (trace evidence, serology/biology screening, DNA, latent prints, firearms) was collected?

a. Homicide……………………….. …… ………………%

b. Rape.…………………………….. …. ………… …%

c. Property Crime…………………..……………………%

Open Cases Within Past 5 years

4. How many homicide, rape, and property cases remain open for crimes committed within the past 5 years? If none, skip to question #9.

a. Homicide …………………

b. Rape …………………

c. Property Crime …………………

5. Estimate what percentage of these open homicide, rape, and property cases contain forensic evidence have not been submitted to a crime laboratory for analysis?

a. Homicide……………………………….………………%

b. Rape……………………………………………………%

c. Property Crime………………………...………………%

6. For these open homicide and rape cases, approximate the percentage of cases that contained each of the following types of forensic evidence—

0%

1%–25%

26%–50%

51%–75%

76%–100%



a. Trace evidence (hair, paint flecks, soil,
fibers, dust and glass fragments) 1 2 3 4 5

b. Serological/biological (bloodstains and other
bodily fluids excluding DNA) 1 2 3 4 5

c. DNA 1 2 3 4 5

d. Latent prints 1 2 3 4 5

e. Firearm and tool marks 1 2 3 4 5

7. If forensic evidence for open homicide, rape, and property cases has not yet been submitted to a crime laboratory, list all the factors inhibiting submission. Mark all that apply.

Suspect has not yet been identified 1

Suspect has been identified but not formally charged 2

Case dismissal 3

Adjudicated without forensic evidence testing 4

Uncertain of usefulness of forensic evidence 5

Uncertain where to send forensic evidence for analysis 6

Insufficient funding for analysis of forensic evidence 7

Analysis not requested by prosecutors 8

Inability of laboratory to produce timely results 9

Laboratory will not accept forensic evidence due to backlog 10

Other not listed above 11 Please specify:

8. From the selections made above, which is the primary inhibiting factor preventing the submission of case evidence to a laboratory?

Drug Chemistry Evidence

9. Estimate how many drug arrests (arrests for the illegal possession or trafficking of controlled substances) were made by your agency during Calendar Year 2007 (January 1 to December 31, 2007)? If none, skip to question #11. If your department belongs to a multi-jurisdictional task force complete the question based on the availability of data for your agency.


10. Of these drug arrests from Calendar Year 2007, estimate what percentage had forensic evidence (i.e., controlled substances) but were not submitted to a crime laboratory for analysis?

0%

1%–

10%

11%–25%

26%–50%

51%–100%


1 2 3 4 5

General

11. Outside of the forensic crime laboratory, does your agency employ personnel responsible for evidence collection
and analysis in the following areas?
Please mark all that apply.

Latent prints 1

Firearms and tool marks 2

Serological/biological 3

Trace evidence 4

Digital Evidence 5


12. Are these agency personnel currently maintaining a case backlog (defined as cases that have not
been analyzed within 30 days of receipt)?

Yes 1

No. 2

Unknown 3

13. Does your agency have a cold case squad assigned to review open violent crimes?

Yes 1

No 2

14.  Is there an evidence retention policy regarding preservation of biological evidence that was secured in the investigation of an offense if the defendant is found guilty of the offense?

Yes, there is such a policy meeting this criteria 1

No, there is no such policy ……. 2

Unsure if such a policy exists….. 3


15.  Is this policy governed by:

State statute 1

Local ordinance 2

Legal decision 3

Agency policy 4


16.  Who is responsible for retaining this evidence? Mark all that apply.

Crime laboratory 1

Prosecuting Attorney’s Office 2

Investigating Law Enforcement Agency 3

Court System 4

Other ……………………………………………………………......5Please specify:

17. Does your office have a computerized system capable of tracking forensic evidence inventory? If no, skip to question #19.

Yes 1

No 2

18. If your office has a computerized system, was this system able to capture most of the data needed to complete this survey?

Yes 1

No 2

19. For evidence maintained by your agency, where is the unanalyzed evidence stored? Mark all that apply.

On-site storage area 1

Crime lab facility 2

Off-site storage area 3

Other 4 Please specify:



20. Please indicate the primary location where your office submits the following types of forensic evidence for analysis.


State Lab

Local Lab

Federal Lab

Private/

Commercial Lab

Other

a. Trace evidence (items such as hair, paint flecks, soil,
fibers, dust and glass fragments) 1 2 3 4 5

b. Serological/biological (bloodstains and other
bodily fluids excluding DNA) 1 2 3 4 5

c. DNA 1 2 3 4 5

d. Latent prints 1 2 3 4 5

e. Firearm and tool marks 1 2 3 4 5

f. Controlled substances/toxicology 1 2 3 4 5

21. Does your agency have a forensic backlog reduction program or initiative in place?

Yes 1

No 2

Unknown 3

22. If yes, please briefly describe this program or initiative including funding source.

Comments

23. Please use the remaining space (or attach a separate page) to provide any comments or concerns regarding evidence case processing and forensic analysis that pertain to your agency.

























Glossary of Terms


Case – Cases should be counted per criminal investigation (i.e., investigations with a single case number). For example, a multiple homicide at a residence should be counted as one case. However, in cases that are investigated as serial crimes, each crime should be counted as an individual case.


DNA – Deoxyribonucleic acid is the chemical substance found in blood and other biological evidence such as semen and saliva, which determines each person’s individual characteristics. The genetic material can be analyzed and used for identification purposes.


DNA Forensic Evidence – DNA evidence suitable for use in a court of law.


Drug Chemistry Evidence – To include controlled substances (i.e., any drugs or chemical substances whose possession and use are regulated under either the Controlled Substances Act or State or local statutes.


Firearm and Toolmarks (Ballistics) – Forensic evidence collected during a criminal investigation which employs methods to study firearms, their manufacture, operation, and performance, ammunition and its byproducts, as well as the individualizing characteristics that are transferred from firearms to bullets and cartridge casings.


Forensic Evidence – Any physical item collected at a crime scene which establishes that a crime has been committed or that can link a crime to the victim or suspect (examples are firearm and toolmarks, latent prints, serology/biology screening (i.e., blood test), trace evidence, controlled substances/toxicology and DNA).


Homicide – To include all crimes of murder and nonnegligent manslaughter (UCR offense category 1a), which are defined as the willful (non-negligent) killing of one human being by another.


Latent Prints – Forensic evidence collected during a criminal investigation such as finger, palm, or partial prints can be processed to identify an individual involved in a criminal act and used for legal purposes.


Other Forensic Evidence – Any physical evidence collected during a criminal investigation and processed by scientific methods that is usable in the courts, but has not been specifically defined by this survey in a distinct category including digital evidence, larger physical evidence for identification purposes such as automobile headlamps, tail lights and speedometers, fire debris, etc.


Property Crime – To include the offenses of burglary, larceny-theft, motor vehicle theft, and arson.


Rape – To include forcible rape, attempted forcible rape (UCR offense categories 2a and 2b), and other definitions of rape as supported by your state statute (e.g., 1st degree sexual assault).


Trace Evidence – Small particles collected during a criminal investigation including hair, paint, glass, textiles and fibers, soils, and gunshot residue. Although not considered as trace evidence by definition, many laboratories examine and analyze impression evidence such as footwear and tire track impressions within their trace evidence section. All of this evidence should be reported for the purpose of this survey.

Violent Crimes –To include murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault.



7

File Typeapplication/msword
File TitleDraft Law Enforcement Forensic Backlog Survey
AuthorNicole Horstmann
Last Modified Byjonesj
File Modified2008-05-05
File Created2008-05-05

© 2024 OMB.report | Privacy Policy