welcome to forensics mr. rizzo what is forensics science? use of the scientific method in the legal...

Post on 26-Mar-2015

218 Views

Category:

Documents

1 Downloads

Preview:

Click to see full reader

TRANSCRIPT

Welcome to Welcome to ForensicsForensics

Mr. RizzoMr. Rizzo

What is forensics Science?

Use of the scientific method in the legal arena.

The transfer of scientific techniques to aid the legal process.

The use of science and technology to provide evidence.

When is forensics Science used?

? To solve any problem whether criminal or

historical in nature.

What is Evidence?

Must be relevant to the case at hand.

Must be more probative than prejudicial on the issue.

 Probative evidence: tending to prove a particular proposition or to persuade you of the truth of an allegation

Forensic Evidence? IT IS NOT CSI…. Is used to establish whether a particular

person or thing COULD be at a particular place at a specific time.

Hieronymus BoschHieronymus Bosch 1450-15161450-1516

an eccentric Dutch an eccentric Dutch painter of religious painter of religious visions who dealt in visions who dealt in particular with the particular with the torments of hell. torments of hell.

St. John on Patmos, approx. 1485

Make three observations:

St. Christopher Carrying the Christ Child through a Sinful World,

Bosch, c1520

Temptation of

St Anthony

Temptation of

St Anthony(Detail)

Hieronymus Bosch Madman or Medical Analyst

• So we dig deeper and find that amputated limbs were saved during Bosch's time so they might be rejoined to their owners at the last judgment.

• Amputation is a gangrenous prevention

• The odd vegetable creature is painted in the shape of a mandrake root. Mandrake was the herb used to stanch the feverish pains of St. Anthony's Fire.

• The distillery used to reduce medicinal herbs.

As a Forensic Scientist what are some questions you would ask?

• Does he have any diagnosis medical or psychological conditions?

• Apocalyptic personality?

• What was also happening at that time?

Historians Know:

What can be going on at that time? • St. Anthony's Fire was rampant.

• fiery pain, hallucinations, disorientation, muscle cramps, convulsions, miscarriages, *gangrene

• Today we know that St. Anthony's Fire was caused by a form of Rye/grain fungus called ergot.

St. Anthony’s Fire: Ergot

*Ergot of rye is produced by a lower fungus (Claviceps purpurea) that grows parasitically on rye, other grains and wild grasses.

Structural Analysis

ergotamine Lysergic Acid

O OH

Serotonin Blocker?

Serotonin (on the left) and Lysergic Acid ( on the right)

*Serotonin is known to control mood, emotion, sleep and appetite

Structural Analysis

Lysergic Acid Diethylamide

O OH

Lysergic Acid (LSD)

Lysergic Acid Diethylamide(LSD)

LSD is one of the most powerful known hallucinogenic drugs.

It was invented in 1938, derived from mushrooms.

SO WHO CARES?

Hieronymus Bosch Madman or Medical Analyst

• Bosch's Paintings actually documented beliefs and medical procedures used to assist with St. Anthony’s Fire.

• Amputation is a gangrenous prevention• odd vegetable creatures= mandrake root• The distillery used to reduce medicinal herbs.

Ergot in history

Furthermore, since ergot baked in bread dough forms LSD, the disease also led to terrifying hallucinations

Indeed there is the belief that the Salem witch-hangings that went on in Salem, Massachusetts (1692) occurred during an outbreak of rye ergot.

Salem Witch trials(June -September of 1692)

19 men and women were convicted of witchcraft and hung

100s of others faced accusations of witchcraft.

Dozens languished in jails.  1 man was pressed to death under heavy

stones

Salem witch trials (1692)According to historian Mary Matossian in her book

Poisons of the Past, she noted symptoms of the people to be sensations of:– Prickling or ants crawling on the skin– Distortions of the face– Paralysis– Hallucinations– Convulsive violent seizures– Dementia

All these symptoms were consistent with those suffering from ergotism.

9/4 Do Now:

Please get out and be ready to submit:– Your Contract– Student Information

Identify at least six specific forensic units used to examine Senator Daschle’s letter.

Senator Daschle

What is forensics Science?

Use of the scientific method in the legal arena.

The transfer of scientific techniques to aid the legal process.

The use of science and technology to provide evidence.

Evidence?

Must be relevant to the case at hand

Must be more probative than prejudicial on the issue

 Probative evidence: tending to prove a particular proposition or to persuade you of the truth of an allegation

Forensic Evidence?

Is used to establish whether a particular person or thing COULD be at a particular place at a specific time.

Forensics incorporates the use of many sciences:

Biology• Physiology, Odontology, Pathology

Chemistry• Spectrophotometry, Thin layer Chromatography

Physics• Friction, Ballistics, trajectory and motion

Geology• Archeology, Mineralogy

Forensics

from L. forensis "of a forum, place of assembly," from forum.

Used in sense of "pertaining to legal trials," as in forensic medicine (1845).

I. Introduction What is forensics Science?

Use of the scientific method in the legal arena.

The transfer of scientific techniques to aid the legal process.

The use of science and technology to provide evidence.

II. History and Development Major Scientists:

Sir Arthur Conan Doyle

(1859-1893) influences?

Sherlock Holmes 1887:

*Used fingerprinting, firearms identification, serology,

*Used a scientific method of detection

Timeframe:Timeframe: 10 minutes 10 minutes

Affiliations from Court TVAffiliations from Court TV

http://www.courttv.com/forensics/http://www.courttv.com/forensics/affilations.htmlaffilations.html

II. History and DevelopmentII. History and Development Major Scientists:

Mathieu Orfila: 1814 father of forensic toxicology.

Alphonse Bertillon: 1879 father of Criminal Identification -developed Anthropometry: a series of body measurements as a means of distinguishing one individual from another.

-Used for two decades and was later replaced by fingerprinting.

Forensic Timeline

II. History and DevelopmentII. History and Development

Francis Galton: 1892 the first finger printer– Undertook the study, classification and filing of

fingerprints.

DR Karl Landsteiner: 1901 (4) blood types

Leone Lattes: 1915 developed a method of determining a blood type form a dried sample.

II. HistoryII. History

Calvin Goddard: analyzed

Firearms and refined bullet

Identification by using a

Comparison microscope.

II. History and DevelopmentII. History and Development

Albert Osborn: 1910 developed the reference text for document examiners.

Walter C. McCrone: applied analytical problem solving techniques in solving forensic science cases by using microscopy. – Highly sought after and leading instructor that

educated thousands in application microscopy.

II. History and DevelopmentII. History and Development

1893 Hans Gross: wrote one of the first comprehensive forensics texts applying the uses of many scientific disciplines.

II. HistoryII. History Edmond Locard: Edmond Locard:

– 1910: one of the first site based forensic labs.

– Founder of Institue of Crimminalistsics at the universiy of Lyons

Developed Locard’s Exchange PrincipleDeveloped Locard’s Exchange Principle

What is Locards’s Exchange Principle? What is Locards’s Exchange Principle?

II. HistoryII. History Locard’s Exchange Principle:Locard’s Exchange Principle:

The exchange of materials between two objects that occurs whenever two objects come into contact with one another.

II. HistoryII. History Locard’s Exchange Principle:Locard’s Exchange Principle:The exchange of materials between two

objects that occurs whenever two objects come into contact with one another.First major case: Counterfeit coins

Analyzed metallic particles found in clothing, same as the counterfeit coins

FBI lab

1932, the FBI under J. Edger Hoover1932, the FBI under J. Edger Hoover organized a national laboratory that aimed to offer forensic services to all law enforcement agencies in the country. *at no expense*

FBI lab

One of the largest and most comprehensive forensic laboratories in the world.

Formed the FBI’s Forensics Science research and Training Center in 1981

FBI lab

Laboratory examiners provide expert witness testimony:

In cases regarding the results of forensic examination

Special Agent and support personnel assist domestic and international law enforcement agencies in large-scale investigations and disasters

III. Organization of a Crime III. Organization of a Crime LaboratoryLaboratory

Why are their so many new lab?Why are their so many new lab?

Increase in Drug analysis and DNA profiling:

Bloodstains, semen stains, hair and saliva residue, bite marks,

III. Organization of a Crime III. Organization of a Crime LaboratoryLaboratory

Rapid growth yet lack of national and Rapid growth yet lack of national and regional planning? regional planning?

320 Public crime labs 320 Public crime labs Federal, state, county, municipalFederal, state, county, municipal

Most placed under police dep.Most placed under police dep.Prosecutors/district attorneyProsecutors/district attorneyMedical examiner or coronerMedical examiner or coroner

III. Organization of a Crime III. Organization of a Crime LaboratoryLaboratory

NO single law enforcement or NO single law enforcement or investigative agency with unlimited investigative agency with unlimited jurisdiction so four major labs were jurisdiction so four major labs were set up:set up: FBIFBI Drug Enforcement Administration (DEA)Drug Enforcement Administration (DEA) Bureau of Alcohol, Tobacco, Firearms, and Bureau of Alcohol, Tobacco, Firearms, and

ExplosivesExplosives US Postal Inspection ServiceUS Postal Inspection Service

Senator Daschle

New York Post

Identify at least six specific forensic units used to examine Senator Daschle’s letter.

III. OrganizationIII. Organization Some states have developed a Some states have developed a

comprehensive STATEWIDE system of comprehensive STATEWIDE system of regional/satellites laboratories.regional/satellites laboratories. Alabama, CaliforniaIllinois MichiganNew Jersey Texas Washington Oregon Virginia Florida Many of the larger cities also have their

own crime labs. New York

IV. Services of the Crime Lab IV. Services of the Crime Lab

Basic services

Basic Full service– 1 Physical Science Unit– 2– 3– 4– 5

Optional Services – 1– 2– 3– 4– 5

Please identify the the various Services Please identify the the various Services provided by Crime Labsprovided by Crime Labs

Basic Full service1. Physical Science Unit

2. Biology Unit

3. Firearms Unit

4. Document Examination Unit

5. Photography Unit

Optional Services 1. Toxicology Unit

2. Latent Fingerprint Unit

3. Polygraph Unit

4. Voiceprint Analysis Unit

5. Evidence-Collection Unit

IV. Services of the Crime Lab IV. Services of the Crime Lab

Basic Services: Physical Science Unit

Uses chemistry, physics and geology for:– Drug identification– Soil and mineral Identification– Examination of physical evidence

Basic Services: Basic Services: Biology UnitBiology Unit

Biologists and Biochemists are used for:Biologists and Biochemists are used for:– DNA identification and profiling of dried DNA identification and profiling of dried

blood and other body fluidsblood and other body fluids– The comparison of hairs and fibersThe comparison of hairs and fibers

– The comparison of The comparison of BotanicalsBotanicals

Basic Services: Firearms UnitExamination of:

– Firearms and their discharged bullets– cartridge cases and shotgun shells

Garments and objects examined to determine type of gun and position of shooter.

And the comparison of marks made by tools

Firearms Unit Close Contact Gunshot Wound

- .380 ACP close range wound with powder burns.

Close Contact  Gunshot Wound - muzzle flash injury from a M14 fitted with a flash suppressor

Firearms Unitposition of the shooter!! Historical case

Basic Services: Document Examination Unit

Ascertain documents authenticity Analysis of: handwriting and

typewriting– ink and paper– Visible depressions – Obliterations– Erasures– Burned and charred documents

Basic Services: Photography Unit A complete photographic laboratory is

maintained to examine and record physical evidence. – May use: digital imaging, infrared, Ultraviolet

and x-ray photography techniques

Aids in court case photographic exhibits for court presentations

Optional Services: Toxicology Unit Studies bodily fluids and organs to

determine presence or absence of drugs and poisons.– Blood -alcohol

In your notes, Briefly discuss how and why a “Psychic Detective”– Could be justified,– Should be excluded as an expert witness

in a court of law

COURT TV

Optional Services:Latent Fingerprint Unit Processing and examining evidence for

*latent fingerprints.– Prints made by the deposit of oils

and/perspiration/ It is invisible to the naked eye.

Optional Services: Polygraph Unit AKA lie detector :an instrument that

simultaneously records changes in physiological processes such as heartbeat, blood pressure, and respiration.

The underlying theory of the polygraph is that when people lie they also get measurably nervous about lying. The heartbeat increases, blood pressure goes up, breathing rhythms change, perspiration increases, etc.

                           

Optional Services: Voice Print Analysis Unit Use sound *spectrograph to identify voices

– Telephoned threats– Taped recorded messages – Even basic identity

• *transforms speech into a visual graphic display, called a voiceprint.

Voice SCREAM Analysis Unit????

Optional Services: Evidence-collection Unit Collects and preserves physical evidence that

will later be processed at the crime lab. Many officers also being train in the proper

collection of evidence.

Other Forensic Services:Forensic Pathology

Investigation of sudden, violent or unexplained deaths

Usually preformed by a coroner Questions sought to answer:

– Who is the victim– What injuries are present– When did the injuries occur– Why and how were the injuries produced

Forensic Pathology

*A trajectory analysis of JFK's inshoot/outshoot head wounds,

*Shows an inconsistency with the HSCA trajectory conclusions.

Forensic PathologyAutopsy performed to establish cause of death.

Classifications of Death*Natural*Homicide*Suicide*Accident*Undetermined

HW: Research and Identify How investigators estimate time of death..

Forensic Pathology9 Ways of Estimating 9 Ways of Estimating ActualActual Time of Death: Time of Death:

http://www.dundee.ac.uk/forensicmedicine/llb/timedeath.htm#Time%20of%20Death

1. Rigor mortis2. Livor mortis: (Lividity) 3. Algor mortis: Body Core Temperature4. Potassium levels in vitreous humor + Clouding

of the cornea5. Stomach Contents6. Evidence of Decompositional Process7. Presence/absence of purge fluids8. Drying of the tissue 9. Larval Instars

Forensic PathologyEstimating Time of DeathEstimating Time of Death

1. Rigor mortisRigor mortis: (L: rig- stiff; mortis—death) * Muscles become rigid

** W/I 24 hours but gone after 36 hours

“The biochemical cause of rigor mortis is hydrolysis of ATP in the muscle tissue, the chemical energy source required for movement. Myosin molecules devoid of ATP become permanently adherent to actin filaments and muscles become rigid.”

•With the aid of an electron microscope it can be seen that each muscle fiber is made up of many smaller units, the myofibrils. Each myofibril consists of small protein filaments, known as actin and myosin filaments. The myosin filaments are slightly thicker and make up the dark band (or A-band). The actin filaments make up the light bands (I-bands) which are situated on either side of the dark band. The actin filaments are attached to the Z-line. This arrangement of actin and myosin filaments is known as a sacromere.

•With the aid of an electron microscope it can be seen that each muscle fibre is made up of many smaller units, the myofibrils. Each myofibril consists of small protein filaments, known as actin and myosin filaments. The myosin filaments are slightly thicker and make up the dark band (or A-band). The actin filaments make up the light bands (I-bands) which are situated on either side of the dark band. The actin filaments are attached to the Z-line. This arrangement of actin and myosin filaments is known as a sacromere.

or or (postmortem lividity)) : (L: liv-bluish)

* Is a settling of the blood in the lower portion of the body

** Causing a purplish red discoloration of the skin.

*** Discoloration does not occur in the areas of the body that are in contact with the ground or another object,

2. Livor mortis

* the reduction in body temperature following death. ** a steady decline until matching ambient temperature *** A measured rectal temperature can give some

indication of the time of death.

• The Glaister equation: 1-1 1/2 degree F per hour

• Algor mortis is usually the first sign of death, beyond the obvious, and is then followed by rigor mortis. As decomposition occurs the internal body temperature tends to rise again.

• Newton's law of cooling states that the rate of cooling of a Newton's law of cooling states that the rate of cooling of a body is determined by the difference between the body is determined by the difference between the temperature of the body and that of its environment. temperature of the body and that of its environment.

3. Algor mortisAlgor mortis (L: algor—coolness; ath)

4. Potassium levels in vitreous humor (ocular fluid) – after death, cells lining the inner surface of the eye release potassium into the ocular fluid, by testing at regular intervals, the forensic pathologist can determine the rate of potassium release and use that to approximate the time of death.

5. Amount of food found in the victim's stomach can be used to determine when the last meal was consumed and rates of digestion are known and are used to help estimate time of death.

What is an Expert witness?

An individual whom the court determines possesses knowledge relevant to the trial that is not expected of the average layperson

What MAKES an Expert witness?

Competency may be established: – Educational degrees– Formal training/ specific course work– Memberships– publications

Court Cases involving use of forensics in Judicial proceedings.

Frey v. United States Rule 702Daubert v. Merrell Dow Pharmaceutical, incKumho Tire Co v. Carmichael.

Frey v. United States, (D.C. Cir. 1923)

Depends on general acceptance by a “meaningful segment” of the scientific community

Decision of admission of PROCEDURES, TECHNIQUES AND PRINCIPLES.

In practice , this approach required the proponent of a scientific test to present to the court a collection of experts who can testify that the procedure IS accepted by the relevant members of the “community”.

Frey v. United States

IS He accepted by the relevant members of the “community”.

So the standard is only as useful as the validity of the community.

Rule 702, (1937)

Rule 702 provides: The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinion or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted.

Rule 702

A more flexible standard that did not rely on General Acceptance

Technical and specialized knowledge will assist the fact to understand evidence.

Witness qualified by knowledge, skill, experience, training/education is– 1. testimony is based on fact– 2.testimony is the product of reliable principles+

methods– 3.the witness applied the principles + methods reliably

to the facts of the case.

Daubert v. Merrell Dow Pharmaceutical, inc

Frye standard not absolute!! Trial judges assume the must assume the ultimate

responsibility as the: Gatekeeper!!!!

Has it attracted widespread acceptance Principles must be1. Tested2. Peer reviewed3. Low Percent error4. Have a set techniques, maintenance and standard

controls5. Be Accepted within a relevant scientific community.

Kumko Tire v. Carmichael

Good for scientific testimony and to all expert testimony.

Supported Daubert decision of admission of

Procedures, techniques and principles, BUT also extended gatekeeper responsibilities as to the admissibility of EXPERT TESTOMONY.

“Technical and other specialized knowledge”

Finis!

top related