Download Chapter 1 Introduction to Forensic Science and the Law

Chapter 1
Introduction
to Forensic Science
and the Law
You know my method. It is founded upon the observation of trifles…Sherlock Holmes, The Boscombe Valley Mystery
“You know my method. It is
founded upon the observation of
trifles”…Sherlock Holmes, The
Boscombe Valley Mystery
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Today's Sherlock Holmes
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Introduction
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Students will learn:
 How a crime lab works
 The history of forensic science
 Federal rules of evidence,
including the Frye standard and
the Daubert ruling
 The role of the forensic scientist
in the criminal justice system
 How the scientific method is
used to solve forensic problems
 The different jobs done by
forensic scientists and the
experts they consult.
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LOCARD EXCHANGE PRINCIPLE
Whenever two objects
come into contact with each other,
traces of each are exchanged.
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LOCARD EXCHANGE PRINCIPLE
EVERY CONTACT
LEAVES A TRACE!
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People of Historical Significance
Edmond 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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Forensic Science
 The study and application of ________ to
matters of _____.
 Includes the business of providing ________,
__________, and ________________to all
levels of decision makers in our criminal justice
system.
 The word forensic is derived from the Latin “forensis”
meaning ________, a public place where, in Roman
times, senators and others debated and held judicial
proceedings.
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Criminalistics vs Criminology
_____________
________________
 the scientific
examination of
physical evidence
for legal purposes.
 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 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 first FBI crime lab opened in 1932
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Major Developments
in Forensic Science History
Refer to your textbook for this! You will not need to know all of these.
 200 BC--- Archimedes tested the purity of the king’s crown using
density
 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
 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.
 1953—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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Crime Lab Services
 Drugs
 Physical Science Unit
 Trace Evidence
 Biology Unit
 Hairs
 Serology
 DNA
 Firearms Unit
 Document Examination Unit
 Photography Unit
 Toxicology Unit
 Latent Fingerprint Unit
 Polygraph Unit
 Voiceprint Analysis Unit
 Evidence Collection Unit
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Other Forensic Science Services
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Forensic Pathology (causes of death)
Forensic Entomology (_______)
Forensic Odontology (________)
Forensic Engineering (product failure)
Cybertechnology (computer crime)
Forensic Anthropology (_______)
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Major Crime Laboratories
 _______(Federal Bureau of Investigation)
through the DOJ (Dept. of Justice)
 ________ (Drug Enforcement Agency)
through DOJ
 ________, _________,__________labs
 _______ (Alcohol, Tobacco, and Firearms)
through Dept. of the Treasury
 U.S. _______________________
 U.S. _____________________Service
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Crime Laboratory Team
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A group of professional investigators, each trained in a variety of
special disciplines.
Team Members
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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
clandestine lab experts
accident/crime reconstruction
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Scientific Method
(as it pertains to forensic science)
1. O__________: a problem or questioned evidence
and collect objective data.
2. H___________:a possible solution.
3. E_____________: examine, test, and then
analyze the evidence.
4. C____________: determine the significance of the
evidence
(theorize to explain observations based on
impartial evaluation of the evidence)
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Hypothesis:
Tape used by Arnold to bind Zelda
 Experiments to test
hypothesis:
Hairs
Fibers
Blood
Skin
Prints
Cross-transfer possible
Physical match
Tape analysis
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Complex Reasoning Skills
Necessary to Work Through and Solve Crimes:
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Deductive and Inductive Reasoning
Classifying
Comparing and Contrasting
Problem Solving
Analyzing Perspectives
Constructing Support
Error Analysis
Statistical Interpretation of Data
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Laws that Pertain to the
U.S. Criminal Justice System
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The U.S. Constitution
Statutory Law
Common Law or Case Law
Civil Law
Criminal Law
Equity Law
Administrative Law
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The Bill of Rights
Gives individuals the right:
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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
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To cross-examine prosecution
witnesses
To speak and present witnesses
Not to be tried again from 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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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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Types of Crimes
 Infraction
 Misdemeanor
 Felony
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Federal Rules of Evidence
In order for evidence
to be admissible, it
must be:
 __________—actually
prove something
 __________—address
an issue that is
relevant to the
particular crime
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Admissibility of Evidence
________________________________
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.
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Admissibility of Evidence
________________________(Federal, but States follow)
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.
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The Judge is the Gate-Keeper who
allows or blocks the presentation of
evidence.
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Admissibility of Evidence
1993 Daubert v. Dow
(Federal, but States follow)
The Daubert ruling responded to the needs of
a rapidly changing technological society…
prevents unacceptable delays in acceptance of
new technology (for example, DNA testing)
Helps keep “junk science” out of the
courtroom.
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http://www.fd.org/Publications/SpecTop/fi
ngerprintlawreview.pdf
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Frye and Daubert and Fingerprints
 Even though
fingerprints have
long been generally
accepted (Frye)…
 the points of the
Daubert ruling had
to be proven
 Fingerprints
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Facets of Guilt
Try to prove:
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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)
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Opportunity—person can be placed at the
crime
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The Role of the Forensic Scientist
Use scientific analyses to help
determine
 ______
a crime was committed
 ________it was committed
 _______ was involved
_______________in a written report
and ____________and interpretation as
an expert witness in court
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The Role of the Forensic Scientist
 Acts as an __________ advocate for the truth
 Prepares a written report and provides
appropriate opinion and interpretation
 Serves as an expert witness in court who
presents conclusions within the limits of
scientific certainty
 The scientist only _______________ the
evidence…
the judge or jury determines the significance
of the evidence in determining guilt or
innocence
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It all comes down to
The Big Question…
Can you testify to your results
with a reasonable degree of
scientific certainty?
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“If the Law has made you a witness, remain a
man (woman) of science.
You have no victim to avenge, no guilty or
innocent person to ruin or save.
You must bear testimony within the limits of
science.”
—P.C.H. Brouardel
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