Introduction to Forensic Science and the Law - · PDF fileIntroduction to Forensic Science and...
Transcript of Introduction to Forensic Science and the Law - · PDF fileIntroduction to Forensic Science and...
Chapter 1
Introduction
to Forensic Science
and the Law
“In school, every period ends with a bell. Every
sentence ends with a period. Every crime ends
with a sentence.”
—Stephen Wright, comedian
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Introduction How a crime lab works
The growth and development of forensic science through history
Federal rules of evidence, including the Frye standard and the Daubert ruling
Basic types of law in the criminal justice system
Students will be able to: Describe how the scientific
method is used to solve forensic problems
Describe different jobs done by forensic scientists and the experts they consult.
Students will learn:
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Forensic Science
The study and application of science to matters of law.
Includes the business of providing timely, accurate, and thorough information to all levels of decision makers in our criminal justice system.
The word forensic is derived from the Latin “forensis” meaning forum, a public place where, in Roman times, senators and others debated and held judicial proceedings.
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Why is Forensic Science important?
Analysis of forensic evidence used in criminal proceedings. Can establish guilt or innocence of suspects
Forensic evidence can be used to link crimes which helps narrow down suspects and establish patterns
Develops new techniques and procedures for collection and analysis of evidence
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Chapter 1
Collect and analyze different types of evidence found at a crime scene (main job)
Testify as expert witness at a trial or hearing (impartial opinion based on data and evidence)
Perform scientific research
Train others
Forensics scientists come from many backgrounds
Chapter 1
Collect and analyze different types of evidence found at a crime scene (main job)
Testify as expert witness at a trial or hearing (impartial opinion based on data and evidence)
Perform scientific research
Train others
Forensics scientists come from many backgrounds
Methods of a Forensics Scientist
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Criminalistics vs Criminology
Criminalistics
the scientific
examination of
physical evidence
for legal purposes.
Criminology
includes the
psychological angle,
studying the crime
scene for motive,
traits, and behavior
that will help to
interpret the
evidence
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Crime Lab—Basic Services
Physical Science Unit
Chemistry
Physics
Geology
Biology Unit
Firearms Unit
Document Examination Unit
Photography Unit
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Crime Lab—Optional Services
Toxicology Unit
Latent Fingerprint Unit
Polygraph Unit
Voiceprint Analysis Unit
Evidence Collection Unit
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Think- PAir-Share:
Other Forensic Science Services
Forensic Pathology
Forensic Anthropology
Forensic Entomology
Forensic Palynology
Forensic Odontology
Forensic Polygraphy
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Major Crime Laboratories
FBI
DEA (Drug Enforcement Agency)
ATF ( Alcohol, Tobacco and Firearms)
U.S. Postal Service
U.S. Fish and Wildlife Service
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Crime Lab History
First police crime lab in the world was established in France in 1910 by Edmond Locard
First police crime lab in the U.S. opened in 1923 in Los Angeles
The Scientific Crime Detection Lab was founded in Evanston, Illinois in 1929
The first FBI crime lab opened in 1932
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Major Developments
in Forensic Science History 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
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
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Major Developments in Forensic
Science History pg. 4-8 1859—Gustav Kirchhoff and Robert Bunsen developed the science of
spectroscopy.
1864—Crime scene photography developed
1879—Alphonse Bertillon developed a system to identify people using particular body measurements
1896—Edward Henry developed 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.
1959—James Watson and Francis Crick discover the DNA double helix
1977—AFIS developed by FBI, fully automated in 1996
1984—Jeffreys developed and used first DNA tests to be applied to a criminal case
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***People of Historical
SignificanceEdmond Locard (1877-1966)
French professor
Considered the father of criminalistics
Built the world’s first forensic laboratory in France in 1910
Locard Exchange Principle Whenever two objects come into
contact with each other, traces of each are exchanged.
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Crime Scene Team
A group of professional investigators, each trained in a variety of special disciplines.
Team Members First Police Officer on the scene
Medics (if necessary)
Investigator(s)
Medical Examiner or Representative (if necessary)
Photographer and/or Field Evidence Technician
Lab Experts
pathologist serologist
DNA expert toxicologist
forensic odontologist forensic anthropologist
forensic psychologist forensic entomologist
firearm examiner bomb and arson expert
document and handwriting experts fingerprint expert
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Scientific Method(as it pertains to criminalistics)
1. Observe a problem or questioned evidence and collect objective data.
2. Consider a hypothesis or possible solution.
3. Examine, test, and then analyze the evidence.
4. Determine the significance of the evidence.
5. Formulate a theory based on evaluation of the significance of the evidence
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Complex Reasoning Skills
Necessary to Work Through and Solve Crimes:
Deductive and Inductive Reasoning
Classifying
Comparing and Contrasting
Problem Solving
Analyzing Perspectives
Constructing Support
Error Analysis
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What is the main objective of
the complex reasoning skills?
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Chapter 1
What is the main objective of
the complex reasoning skills?
The forensic scientist must come up
with a theory or opinion that is able to
stand up to scientific and legal scrutiny.
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THINK PAIR SHARE:
Laws that Pertain to the
U.S. Criminal Justice System
The U.S. Constitution
Statutory Law – “law on books”
Common Law or Case Law
Civil/ PrivateLaw
Criminal/Public Law
Equity Law
Administrative Law
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The Bill of RightsGives individuals the right:
To be presumed innocent until proven guilty
Not to be searched unreasonably
Not to be arrested without probable cause
Against unreasonable seizure of personal property
Against self-incrimination
To fair questioning by police
To protection from physical harm throughout the justice process
To an attorney
To trial by jury
To know any charges against oneself
To cross-examine prosecution witnesses
To speak and present witnesses
Not to be tried again for the same crime
Against cruel and unusual punishment
To due process
To a speedy trial
Against excessive bail
Against excessive fines
To be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes
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Case Law
How laws have
been interpreted
in the past
Court decisions
are based on
case law,
evidence and
testimony.
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Chain of Custody
List of all people who came in contact
with the evidence.
Must be submitted for analysis promptly
Failure to establish may lead to
questions on validity
Ex. OJ Simpson trial
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Chapter 1
4th Ammendment
Police must have a search warrant.
Warrantless search if….
Emergency circumstance
Prevent loss of destruction
In connection to a lawful arrest
By consent
Evidence is not admissible in court if
seized unlawfully
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Miranda v Arizona
In 1963, Ernesto Miranda, a 23 year old mentally disturbed man, was accused of kidnapping and raping an 18-year-old woman in Phoenix, Arizona. He was brought in for questioning, and confessed to the crime. He was not told that he did not have to speak or that he could have a lawyer present. At trial, Miranda's lawyer tried to get the confession thrown out, but the motion was denied. The case went to the Supreme Court in 1966. The Court ruled that the statements made to the police could not be used as evidence, since Mr. Miranda had not been advised of his rights.
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Miranda Rights
The following is a minimal Miranda warning:
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at the government’s expense.
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Think about it
What impact did the Miranda case have
on the judicial process?
Outline the steps that took place
between Miranda’s confession and the
ruling by the US Supreme Court
Which Constitutional amendment(s)
were relevant to this case?
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Infraction
Violation of a rule
or law that is not
punishable by
prison
Ex. Jay-walking,
littering, traffic
violations
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Misdemeanor
Punishable by no more than one year in jail.
Held by district court where crime took place
Ex. Drunk-driving, vandalism, shop-lifting
Fines may be assessed & OR Community
service
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Felony Serious crimes with serious penalties
Ex. Murder, arson, robbery etc.
Jail-time, fines death penalty.
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Federal Rules of EvidenceIn order for evidence to
be admissible, it must be:
Probative—actually prove something
Material—address an issue that is relevant to the particular crime
Hearsay: Is a big NO NO! (however allowed in civil cases)
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Admissibility of Evidence1923 Frye v. United States
Read pg 14
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 – p15Admissibility 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.
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The Daubert Ruling
Court stated that the Frye standard is
not the only rule for admissibility of
scientific evidence.
Only applies to federal courts
State courts are expected to use the
decision as guideline in setting stds.
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Facets of Guilt
Try to prove:
Means—person had the ability to do the crime
Motive—person had a reason to do the crime(not necessary to prove in a court of law)
Opportunity—person can be placed at the
crime