BLOODSTAIN PATTERN ANALYSIS IN THE JUSTICE SYSTEM

• Jurisdiction: Australia

Introduction ................................................................................................... [97.100]

Organisational groups ................................................................................... [97.120]

A model for cross jurisdictional Bloodstain Pattern Analysis communication, education and training.............................................................................. [97.130]

[97.100] Introduction

Unsurprisingly, there are numerous occasions when the importance of the physical characteristics of bloodstains outweighs or complements their individualisation and assists the scientist to answer relevant investigative and legal questions: Spalding (1994). Two such cases were those of Ohio v Sheppard (1998) 84 Ohio St.3d 230; 703 N.E.2d 286 (Kirk, 1955) and the Inquiry into the Conviction of Alexander Lindsay: Merchant (1967); McLeod-Lindsay (1984); Loveday (1991). Crime scenes, and those physical processes and activities directly instrumental in their creation, reflect both the traumatic incident and the passage of time to a lesser or greater degree. Consequently, analysis of physical evidence like bloodstain patterns may reveal a wealth of significant information: Kirk (1953); De Forest, Gaensslen and Lee (1983); Ristenbatt et al (1995). Certainly, there have been a number of cases in the western world where bloodstain evidence has been of significance: R v Broughton (unreported, Queensland Court of Criminal Appeal, No 55, 1988); MacDonell (1993); Henderson (1999); Saccoccio (1999); James (1999a); R v Sion Jenkins (1999, English Court of Appeal, Criminal Division, Case No 98/4720/W3), Mallard v The Queen (2005) 224 CLR 125; [2005] HCA 68; 222 ALR 236, R v Gilham (2009) NSWSC 138, Indiana v Camm 812 N.E. 2d1127 (Ind App, 2004) and State v Peterson (361 NC 587 (547A06) 11 March 2007). This has meant better recognition of the place that bloodstain pattern analysis evidence has in the criminal justice system: Murray (2000a; 2000b).

An examination and analysis of the number and pattern of bloodstains, their size, shape, distribution, location and the surface characteristics of that location at a crime scene may help provide the answers to a number of questions relating to a specific scene, including those listed below. This chapter examines those properties of blood and blood droplets influenced by the laws of physics, notably mechanics, which may have a bearing on the interpretation of an incident. Information may be...