642.2Firearm and Tool Mark Identification
Suggested Questions for Firearm Identification Expert:
Use the following questions as a guide to qualify your analyst as a forensic firearms examiner - note that you may need to adjust these questions to apply to different types of examinations.
1. Please state your name.
2. Where do you work and what is your position?
3. How long have you worked there?
4. What are your duties?
5. What type of education, training, and experience do you have that qualifies you as a forensic firearms examiner?
6. How many comparisons would you estimate that you have made to determine whether or not a particular [bullet/cartridge case/shotgun shell] was fired from a particular weapon?
7. [Check with expert before trial.] Have you testified before as a forensic firearms examiner?
8. How many times?
Tender witness to the court as an expert in forensic firearms examiner.
Use the following questions as a general guide to describe procedures for examining firearms
9. What is forensic firearms identification? What makes such an identification possible?
10. Is this type of identification generally accepted as reliable in the field?
11. What characteristics do you test for when examining a [bullet/cartridge case/shotgun shell] to find out whether or not it has been fired from a particular weapon? [Expert will explain general class characteristics and individual characteristics of weapons.]
Use the following questions as a guide to authenticate or establish a chain of custody for the evidence listed on a lab report
12. I hand you what has been marked for identification (and previously offered into evidence) as State’s Exhibit number ____, a weapon, and ask if you have ever seen that weapon before, and if you have, how can you tell? [Have expert describe how the expert marked weapon and identify his or her handwriting.]
13. From whom did you receive the weapon and on what date?
14. What type of weapon is it? [Have expert describe make of pistol or rifle/gauge of shotgun.]
15. I now hand you what has been marked for identification (and previously offered into evidence) as State’s Exhibit number ____, which has been identified as a [bullet/cartridge case/shotgun shell] removed [from victim’s body/found at crime scene] and ask if you have seen that [bullet/cartridge case/shotgun shell] before, and if you have, how can you tell? [Have expert describe how (bullet/cartridge case/shotgun shell) was tagged/placed in marked envelope and identify his or her handwriting on envelope/tag.]
16. Who gave you that [bullet/cartridge case/shotgun shell] and on what date?
17. What caliber of [bullet/cartridge case/shotgun shell] is it?
18. Now I hand you what has been marked for identification (and previously offered into evidence) as State’s Exhibit number ____, a [bullet/cartridge case/shotgun shell] described as being found in [defendant’s possession/weapon referred to above] and ask if you have seen it before, and if you have, how you can tell? [Have expert describe how (bullet/cartridge case/shotgun shell) was tagged/placed in marked envelope and identify his or her handwriting on envelope/tag.]
19. From whom did you receive that [bullet/cartridge case/shotgun shell] and on what date?
20. What caliber of [bullet/cartridge case/shotgun shell] is it?
Use the following questions as a guide to introduce evidence of lab results
21. What examinations and comparisons did you do with this evidence? [Expert should testify as to all lab procedures followed and examinations performed as described in the lab report, especially forensic microscopic examination of bullets to determine individual characteristics.]
22. What results and conclusions did you reach from your examinations and comparisons?
23. Following your examination, what did you do with this evidence?
Offer exhibits into evidence—if not done previously.
Suggested Questions for Tool Mark Analysis Expert – Other Than Firearms:
1. Please state your name.
2. Where do you work and what is your position?
3. How long have you worked there?
4. What are your duties?
5. What type of education, training, and experience do you that qualifies you as a forensic tool mark identification expert?
6. How many comparisons would you estimate that you have made to determine whether or not a particular tool made the tool marks on a particular object?
7. [Check with the expert before trial.] Have you testified before as a forensic tool mark identification expert?
8. How many times?
The expert may explain that firearms identification is a subtype of tool mark identification. Therefore, an expert may have more experience testifying about “firearms identification” in particular than about “tool mark identification” in general.
Tender witness to the court as an expert in forensic tool mark examination.
9. What are tool marks?
10. What is forensic tool mark identification? What makes such identifications possible?
11. Is this type of identification generally accepted as reliable in the field?
12. What characteristics do you test for when examining a tool mark to determine whether or not it was produced by a particular tool? [Expert will explain general class characteristics and individual characteristics of tools.]
13. I hand you what has been marked (and previously offered into evidence) as State’s Exhibit Number ____ and ask if you have ever seen this (name object on which tool marks were found) before, and if you have, how can you tell?
14. From whom did you receive the (name object) and on what date?
15. Did you examine this (name object) for tool marks? Were any tool marks found?
16. Did you compare the tool marks found on the (name object) marked as State’s Exhibit Number ___ to any specific tool?
17. I hand you what has been marked for identification (and previously offered into evidence) as State’s Exhibit Number ___, a tool, and ask if you have ever seen that tool before, and if you have, how can you tell? [Have expert describe how the expert marked the tool and identify his or her handwriting.]
18. From whom did you receive the tool and on what date?
19. What type of tool is it? [Have expert describe make of tool.]
20. Please describe, in detail, how you produced test marks using the tool marked as State’s Exhibit Number ___.
21. Please describe what comparisons were made and how they were performed between the test tool marks and the tool marks found on (name object).
22. What results and conclusions did you reach from your examinations and comparisons?
23. Following your examinations, what did you do with this evidence?
Offer exhibits into evidence if not done previously.