
Document Domestic Violence Cases Through Pictures By Kerry Finn
The importance of photo documentation in a forensic case, especially domestic violence, cannot be understated, prosecutors emphasize. "From the moment an arrest is made, the clock is ticking," says San Diego Assistant City Attorney Gael Strack of the San Diego County Domestic Violence Unit. "In our profession, speed is essential because each suspect must be arraigned within 72 hours of the time of arrest. Evidence in the form of photographs must be collected right away." Instant photo documentation has helped San Diego achieve a 90 percent conviction rate and Los Angeles a 95 percent conviction rate when dealing with domestic violence cases.
Strack says one of the reasons for San Diego's successful prosecution track record and a 75 percent drop in domestic violence homicides since , is the philosophy that cases must be prosecuted with or without the victim's participation. "If we have enough evidence to go forward, we do. This means we need to document the injuries and the statements. We rely heavily on the Polaroid instant photographs taken by police officers at the scene for our cases." She says the San Diego Police Department documents about 12,000 domestic violence cases annually, with more than 4,000 victims displaying visible injuries. The SDPD uses Polaroid's Macro 5 and Spectra cameras equipped with the law enforcement close-up kit.
"The benefit of having instant photos is that pictures don't recant, pictures don't minimize, pictures don't change their story," Strack says. "Pictures do paint a very painful picture. And that's what juries need to see to be convinced that a crime has occurred."
Proper photo documentation of injuries is essential because:
- It is crucial in establishing the chain of evidence required to prosecute.
- Photo documentation helps prosecutors secure early guilty pleas from offenders, reducing court costs and caseloads.
- Cases can be successfully prosecuted without the victim's testimony when proper documentation is provided.
- Bruises fade with time, but photos depicting injuries do not.
An instant-photo imaging system is beneficial because instant photos are tamper resistant, unlike conventional 35 mm and digital images. Instant camera users can see immediately that the right image was captured, minimizing the number of photos taken per case. Instant photos provide evidence before officer leaves the scene, unlike 35mm photos or digital images (which can be improperly exposed or misplaced). Instant photos also become part of the case file immediately, particularly important for fast arraignments.
Injuries should be thoroughly documented in the following steps:
- One-on-one or close-up photos of the victim's injuries, including fresh bruising, abrasions and lacerations
- A second close-up or mid-range that includes the victim's face for identification purposes
- Indications of past abuse, including scars, cluster or faded bruising which could be evidence of abuse over an extended period
- Check for defensive injuries, especially on the forearms
The scene of the violence also should be thoroughly documented, including taking photos of overturned or broken furniture, smashed pictures, mirrors, glass or dishware, or phones ripped out of the wall. These kinds of photos show the severity of the violence. Also document any evidence of drug or alcohol abuse or any evidence of violence against children, including images showing them crying, scared, upset or injured.
Also photograph the batterer, if present at the scene, or obtain a copy of their photo if he or she has fled.
"Whatever will effectively document what happened at the scene, we want recorded," Strack says. "(Police) will photograph the victim's injuries. If there are children present we ask the officers to take a picture of the children. If anything has been damaged, for instance, if he has put his fist through the wall, we want a picture of that. If a weapon has been used, they take a picture of that. Officers also photograph the perpetrator to capture any injuries he's sustained."
Because domestic violence includes the dynamics of love and fear, some victims recant their statements several days after the incident. The use of detailed police reports, statements and clear photographic evidence allow prosecutors to proceed with the case without pressuring the victim to cooperate. "The more photographs, the better," Strack says. "When we go back into court six months later to try to prove that a crime occurred, the pictures tell the story of what happened long after the physical wounds have healed."
For more tools you can use, log on to: www.polaroidwork.com/dv/.
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