review of forensic science & t he law
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Forensic Science
It is the study and application of science to matters of law (criminal and civil)
Includes the business of providing timely, accurate, and thorough information to all levels of decision makers in our criminal justice system
Also called criminalistics
Criminalists vs Criminologists
A criminalist examines physical evidence for legal purposes
Criminologists study the crime scene for motive, traits, and behavior as to help interpret the evidence– They learn to think like criminals
Forensic Scientists
Applies the principles and techniques of the physical and natural sciences to the analysis of the many types of evidence that may be recovered during a criminal investigation
May also provide expert court testimony– Known as an expert witness
Individual whom the court determines possesses knowledge relevant to the trial
Developments in Forensic Science
700s AD- Chinese used fingerprints to establish identity of documents and clay sculptures
~1000- Roman courts determined that bloody palm prints were used to frame a man in his brother’s murder
1149- King Richard of England introduced the idea of the coroner to investigate questionable death
1200s- A murder in China is solved when flies were attracted to invisible blood residue on a sword of a man in the community
1598- Fidelus was first to practice forensic medicine in Italy
Developments in Forensic Science
1670- Anton van Leeuwenhoek constructed the first high powered microscope
1776- Paul Revere identified the body of General Joseph Warren based on the false teeth he had made for him
1784- John Toms convicted of murder on basis of torn edge of wad of paper in pistol matching a piece of paper in his pocket
1859- Gustav Kirchoff and Robert Bunsen developed the science of spectroscopy
1864- Crime scene photography developed
Developments in Forensic Science
1879- Alphonse Bertillion developed a system to identify people using particular body measurements
1896- Edward Henry developed the first classification system for fingerprint identification
1900- Karl Landsteiner identified human blood groups 1904- Edmond Locard formulated his famous principle,
“Every contact leaves a trace” 1922- Francis Aston developed the mass spectrometer
Developments in Forensic Science
1959- James Watson and Francis Crick discover the DNA double helix
1977- AFIS developed by FBI, fully automated in 1996
1984- Alec Jeffreys developed and used the first DNA tests to be applied to a criminal case
People of Historical Significance
Mathieu Orfila- father of forensic toxicology Alphonse Bertillion- devised first scientific system of
personal identification Francis Galton- conducted first definitive study of
fingerprints and their classification Leone Lattes- developed a procedure to determine
blood type from dried bloodstains Calvin Goddard- used a comparison microscope to
determine if a particular gun fired a bullet
People of Historical Significance
Albert Osborn- developed the fundamental principles of document examination
Walter McCrone- utilized microscopy to examine evidence
Hans Gross- wrote treatise on criminal investigation Edmond Locard- considered the father of criminalistics;
responsible for Locard’s exchange principle– States that when a criminal comes in contact with an object or
a person, a cross transfer of evidence occurs
The Crime Lab
Characterized by rapid growth due to– Supreme Court decisions in the 1960s placing
greater emphasis on scientifically evaluated evidence
– Accelerated drug abuse– Initiation of DNA profiling
350 public crime labs exist at federal, state, county, and municipal levels
The Crime Lab
History– First established in 1910 by Locard– First police crime lab established in 1923 in Los
Angeles, CA– Scientific Crime Detection Lab established in 1929– First FBI crime lab opened in 1932
Crime Lab Services
5 exist– Physical science– Biology– Firearms– Document– Photographic
Physical Science Unit
Incorporates the principles of chemistry, physics, and geology to identify and compare physical evidence
Biology Unit
Applies the knowledge of biological sciences in order to investigate blood samples, body fluids, hair, and fiber samples
Firearms Unit
Investigates discharged bullets, cartridge cases, shotgun shells, and ammunition
Document Unit
Provides the skills needed for handwriting analysis and other questioned document issues
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Photographic Unit
Applies specialized photographic techniques for recording and examining physical evidence
Other Crime Lab Services
Toxicology Unit- examines body fluids and organs for the presence of drugs and poisons
Latent Fingerprint Unit- processes and examines evidence for latent fingerprints
Polygraph Unit- conducts polygraph or lie detector tests
Voiceprint Analysis Unit- attempts to tie a recorded voice to a particular suspect
Evidence Collection Unit- dispatches specially trained personnel to the crime scene to collect and preserve physical evidence
Other Forensic Science Services
Forensic Pathology- concentrate closely on the understanding of types and causation of injuries and causes of sudden and unnatural death– Deals with the different stages of death
Rigor mortis- stiffening of the body (occurs within first 24 hours)
Livor mortis- settling of blood closest to the ground (occurs up to 12 hours)
Algor mortis- results in loss of heat
Other Forensic Science Services
Forensic Anthropology-concentrates on the identification of deceased individuals whose remains are decomposed, burned, mutilated or otherwise unrecognizable
Forensic Entomology- is the study of insects and their relation to a criminal investigation, commonly used to establish the time of death
Forensic Psychiatry- work with courts in evaluating an individual's competency to stand trial, defenses based on mental diseases or defects (e.g., the "insanity" defense), and sentencing recommendations
Other Forensic Science Services
Forensic Odontology- evaluates teeth to determine the identification of the deceased
Forensic Engineering- investigation of materials, products, structures or components that fail or do not operate/function as intended, causing personal injury for example
Cybertechnology- involves the examination of digital evidence
Major Crime Labs
FBI- Federal Bureau of Investigations DEA- Drug Enforcement Agency ATF- Bureau of Alcohol, Tobacco, Firearms,
and Explosives US Postal Service US Fish and Wildlife Service
The Crime Scene Team
A group of professional investigators, each trained in a variety of special disciplines
Team members include– First police officer on the scene– Medics (if necessary)– Investigator(s)– Medical examiner – Photographer and/or Field Evidence Technician– Lab Experts
Forensics in Court
There are five main stakeholders in the courtroom:
• Prosecutor• Defense (representing the defendant) • Forensic Scientist • Judge• Police officer/Detective
Role of the Prosecutor
Gives legal advice in investigations Sometimes writes or assists writing warrants,
etc. Reviews case for potential trial issues - Plea bargaining option Discovery – provides Brady material Prepares case Defends evidentiary challenges – based on
case law Subpoenas witnesses Introduce evidence Question witnesses – also establishes expert
witnesses
Role of the Defense
Monitor’s defendants rights in pre-trial process Reviews case for potential trial issues May negotiate plea bargain Prepares case Makes evidentiary challenges – based on case law Subpoenas witnesses – if any, mostly alibi Introduce evidence – if any Question witnesses – Cross of prosecution case,
may introduce counter testimony with own expert witnesses
Forensic Scientist
May collect evidence Creates/maintains chain of evidence Processes evidence Interprets evidence Prepares reports Follows Constitutional requirements Often communicates with investigator about case Often communicates with prosecutor before trial May help prepare posters/materials for court Testifies to jury about evidence
Judge
Researches case law Reviews motions Make decisions on evidentiary challenges Makes decisions on expert witnesses Makes decisions on details of case such as
crime scene photos being used (shock effect on jury)
Monitors trial
Police/Investigator
Manages crime scene Oversees evidence collection – often done by
officer Follows up on leads, questions witnesses Makes arrests Writes warrants Maintains extensive reports and notes May assist prosecutor with case preparation Prepares for court
Laws that Pertain to the US Criminal Justice System
The US Constitution Statutory Law Common Law or Case Law Civil Law Criminal Law Equity Law Administrative Law
US Constitution
Supreme body of laws that governs our country Overrules the constitutions of individual states
Statutory Laws
Are written laws as enacted by a government body such as Congress
Are based on the Constitution
Common Law
Also known as case law Are made by judges
– Makes for predictability and consistency in how the law is applied
Civil Law
Also known as private law Deals with relationships between individuals involving
properties or contracts– Regulates noncriminal relationships between individuals,
businesses, agency of government, and other organizations Includes contracts, marriages, divorces, wills, property
transfers, negligence, and products manufactured with hidden hazards
More concerned with assigning blame than intent
Criminal Law
Also known as public law Deals with regulation and enforcement of rights Concerned with offenses against an individual that are
deemed offensive to society– Cases tried are always the person vs the state
Those laws that are broken fall into 1 of 2 main categories– Misdemeanor- is a minor crime such as theft, minor assault
and battery, or possession of small amounts of illegal drugs– Felony- is a major crime such as murder, rape, armed robbery,
serious assaults, dealing in illegal drugs, fraud, auto theft, or forgery
Equity Law
Remedial or preventive law Are for cases not covered by common law
– Restraining orders– Injunctions
Administrative Law
Laws established by governmental agencies such as the IRS, Social Security Administration, or the military
The Bill of Rights
The right to be presumed innocent until proven guilty The right not to be searched unreasonably, either on
one’s person or in one’s home The right not to be arrested without probable cause The right against unreasonable seizure of personal
property The right against self-incrimination The right to fair questioning by police
The Bill of Rights
The right to protection from physical harm throughout the justice process
The right to an attorney The right to trial by jury The right to know any charges against oneself The right to cross examine prosecution
witnesses The right to speak and present witnesses
The Bill of Rights
The right not to be tried again for the same crime The right against cruel and unusual punishment The right to due process The right to a speedy trial The right against excessive bail The right against excessive fines The right to be treated the same as others, regardless
of race, gender, religious preference, country of origin, and other personal attributes
Steps in Pursuing Justice
If a crime is committed these are the steps to take while pursuing justice– Police investigate what happened– Information is collected– Crime scene is documented and searched for evidence– All info is assembled into a report and sent to DA– Investigation continues until probable cause is established– An arrest warrant is issued for the suspect– The suspect is arrested
Individual is booked, fingerprinted, photographed and informed about his/her rights
The Miranda Rights
Miranda v. Arizona (1966)– Before a law enforcement officer may question a
suspect regarding the possible commission of a crime, he or she must inform the detainee about his or her Miranda rights, making sure the detainee understands them
The Miranda Rights
Warning of Rights– You have the right to remain silent and refuse to answer questions– Anything you do or say may be used against you in the court of law– You have the right to consult an attorney before speaking to the police
and to have your attorney present during questioning now or in the future
– If you cannot afford an attorney, one will be appointed for you before any questioning if you wish
– If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney
– Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
Steps in Pursuing Justice
– Person is brought before a magistrate judge who informs the individual of the charges, his/her rights, and bail
The person may also enter a plea of guilty, not guilty, not guilty by reason of insanity, double jeopardy (been tried for same crime in same court), or nolo contendere (no contest)
– If a plea of guilty is entered, the person is brought before a preliminary or evidentary hearing (no jury present)
Most states use a grand jury– Will determine if there is enough evidence to bring the accused to a
formal trial– The prosecutor presents evidence and the grand jury (16-23 citizens)
decide the fate of the accused– If the grand jury decides there is enough evidence, a trial date will be
set
Steps in Pursuing Justice
– If a plea of not guilty by reason of insanity is entered, the defendant will have to prove, by “clear and convincing evidence,” that “at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or wrongfulness of his acts”
Crimes must show intent- the insanity plea removes intent
Steps in Pursuing Justice
– Sometimes, the DA will plea bargain with the accused
The defendant works out a deal with the DA– May reduce jail time
Types of Crimes
All crimes are violations (breach of a right, duty, or law)– 3 types
Infractions Misdemeanors Felonies
Infractions
Minor offense or petty crime Is less serious than a misdemeanor Examples include
– Jaywalking– Traffic violations– Littering
Penalty is usually a fine
Misdemeanors
Cases are tried in court Punishable by no more than 1 year in jail Examples include
– A first offense of drunk driving, vandalism, shoplifting, simple assaults, trespassing, or prostitutions
Fines range from less than $250 to $2500 Community service is also part of the sentence
sometimes
Felonies
Cases are tried in court Punishable from 5 years to life
– Some states offer death penalty Examples include
– Arson, aggravated assault, burglary, robbery, homicide, and rape
Fines may be up to $100,000 Probation may also be determined
Federal Rules of Evidence
Probative– In evidence law, tending to prove something
Material– In evidence law, relevant and significant.
Hearsay – Testimony given by a witness who relates not what
he or she heard, saw, or knew personally, but what others have said
– Is not admissable in the court of law
Admissibility of Evidence
1923 Frye v. US– Scientific evidence is allowed into the courtroom if it is
generally accepted by the relevant scientific community. – The Frye standard does not offer any guidance on reliability. – The evidence is presented in the trial and the jury decides if it
can be used.
1993 Daubert v. Dow– Admissibility is determined by
Whether the theory or technique can be tested Whether the science has been offered for peer review Whether the rate of error is acceptable Whether the method at issue enjoys widespread acceptance Whether the opinion is relevant to the issue
– The judge decides if the evidence can be entered into the trial
Facets of Guilt
Try to prove– Means- person had the ability to do the crime– Motive- person had a reason to do the crime
Does not have to be proved in a court of law– Opportunity- person can be placed at the crime
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