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Transcript
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 What is the origin of the word “forensics”? What is Forensic Science? Criminalistics vs. Criminology What is Criminalistics? Describe which field of study you can imagine yourself doing. What is Criminology? Crime Lab—Basic Services Physical Science Unit Chemistry Physics Geology Biology Unit Firearms Unit Document Examination Unit Photography Unit Crime Lab—Optional Services Toxicology Unit Latent Fingerprint Unit Polygraph Unit Voiceprint Analysis Unit Evidence Collection Unit Forensic Pathology Forensic Entomology Forensic Odontology Cybertechnology Other Forensic Science Services Forensic Anthropology Forensic Psychiatry Forensic Engineering What are the Major Crime Laboratories? Crime Lab History 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 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. 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 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. 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 What are the complex reasoning skills necessary to work through and solve crimes? Laws that Pertain to the U.S. Criminal Justice System The U.S. Constitution Statutory Law Common Law or Case Law Civil Law Criminal Law Equity Law Administrative Law The Bill of Rights Gives 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 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 This statement is known government’s expense. as your Miranda rights, but who was Miranda and why was this case so Miranda v Arizona important? 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. Look up to see what ever happened to Ernesto Miranda after the Supreme Court ruling. Types of Crimes Facets of Guilt Try to prove: Federal Rules of Evidence In order for evidence to be admissible, it must be: Steps in Pursuing Justice Admissibility of Evidence 1923 Frye v. United States 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. Introduction and Overview of Forensics Notes I. History and Development of Forensic Science: Many believe Sir Arthur Conan Doyle had a considerable influence on popularizing scientific crime-detection methods through his fictional character, Sherlock Holmes. A. Mathieu Orfila: Is considered the father of forensic toxicology. He wrote first treatise on poisons and their effects in 1814. B. Aphonse Bertillon: devised the first scientific system of personal identification, using body measurements known as anthropometry. C. Francis Galton: undertook the first definitive study of fingerprints and developed a method of classifying fingerprints. D. Leone Lattes: devised a simple procedure for determining the blood type (A, B, O, AB) of a dried bloodstain. E. Calvin Goddard: was the first to use a comparison microscope to determine if a bullet was fired from a specific gun. F. Albert S. Osborn: developed fundamental principles of document analysis and was responsible for the acceptance of documents as scientific evidence by the courts. G. Hans Gross: described the application of scientific disciplines to the field of criminal investigation. He introduced the first forensic journal, “Kriminologie”. He described how forensics would be assisted by the fields of microscopy, chemistry, physics, mineralogy, zoology, botany, anthropometry and fingerprinting. H. Edmond Locard: demonstrated how the principles developed by Hans Gross could be incorporated into a workable crime lab. Locard’s exchange principle states that once contact is made between two surfaces a transfer of material(s) will occur. Locard founded and directed the Institute of Criminalistics in Lyons, France. II. Organization of a Crime Laboratory Many private laboratories in the US are independent of any government control. Crime laboratories to a large extent mirror the fragmented law enforcement structure that exists on the national, state, and local levels. The federal government has no single law enforcement or investigative agency with unlimited jurisdiction. Examples include: National labs: FBI crime labs, DEA crime labs State/local labs: Michigan state police crime lab in Lansing, Northville, Sterling Heights Private labs: Western Slope Laboratory in Troy, MI A. Services of the Crime Laboratory Many local crime laboratories have been created solely for the purpose of processing evidence. Currently most of their energy and funds are used to analyze drugs, guns and DNA. In 1932, Hoover first established a national forensics laboratory to support all law enforcement in the U.S. The oldest American forensics laboratory is in Los Angeles, California, created in 1923 by August Volmer. B. Basic Services Provided by Full-Service Crime Laboratories 1. Physical Science Unit: applies the principles and techniques of chemistry, physics and geology to the identification and comparison of crime-scene evidence. 2. Biology Unit: identifies dried bloodstains and body fluids, compares hairs and fibers, identifies and compares botanical materials such as wood and plants, and performs DNA analysis. 3. Firearms Unit: examines firearms, discharged bullets, cartridge cases, shotgun shells, and ammunition of all types. 4. Document Examination Unit: analyzes handwriting, paper and printers of documents. 5. Photography Unit: examines and records physical evidence at the crime scene and at suspects’ locations. C. Optional Services Provided by Full-Service Crime Labs 1. Toxicology Unit: examines body fluids and organs in order to determine the presence and identification of drugs and poisons. 2. Latent Fingerprint Unit: processes and examines evidence for latent fingerprints i.e. those found on surfaces. 3. Polygraph Unit: uses lie detectors, an essential tool of the crime investigator rather than the forensic scientist. 4. Voiceprint Analysis Unit: are involved in cases of telephone threats or tape-recorded messages. Investigators may be able to connect a voice to a particular suspect. 5. Evidence-Collection Unit: incorporates evidence collection into a total forensic science service. D. The Functions of the Forensic Scientist 1. Analysis of Physical Evidence: The forensic scientist must be skilled in applying the principles and techniques of the physical and natural sciences in order to identify the many types of evidence that may be recovered during crime investigations. The “Frye versus U.S.” court case established that a scientific technique must be “generally accepted” by the scientific community. (p.12, “Criminalistics” Saperstein Latent Fingerprint Unit: processes and examines evidence for latent fingerprints i.e. those found on surfaces. 2. Expert witness: An expert witness possesses a particular skill or has knowledge in a trade or profession that will aid the court in determining the truth. 3. Specially trained evidence collection technicians: Training in Proper Recognition, Collection, and Preservation of Evidence is required so that the forensic pathologist, as the medical examiner or coroner, can determine the cause of death via an autopsy. E. Other Forensic Science Services 1. Forensic Pathology: The cause of death can often be determined by performing an autopsy. Death can be classified into five different categories: natural death, homicide, suicide, accident or undetermined manner of death. 2. Forensic Anthropology: primarily involves the identification and examination of skeletal remains, in order to determine if the remains are human or another type of animal. If human, ethnicity, sex, approximate age, and manner of death can often be determined by an anthropologist. 3. Forensic Entomology: is the study of insects and their developmental stages, which can help to determine the time of death by knowing when those stages normally appear in the insect’s life cycle. 4. Forensic Psychiatry: is the study of human behavior and legal proceedings in both civil and criminal cases. In civil and criminal cases, competency often needs to be determined. In criminal trials, the evaluation of behavior disorders is often required in order to establish the psychological profile of a suspect. 5. Forensic Odontology: An odontologist can match bite marks to a suspect’s teeth, or match a victim to his dental x-rays, resulting in an identification of an unknown individual. 6. Forensic Engineering: is used to analyze construction accidents, and the causes and origins of fires or explosions. F. Forensic Analysis also can include organic and inorganic analytical techniques. 1. Organic analysis of unknown substances includes analytical techniques such as Chromatography, UV- visible and infrared Spectrophotometry and Mass Spectrometry. Chromatography is a means of separating and identifying organic components. Chromatography is especially useful in mixture separation i.e. many illicit drugs contain different materials which dilute the drug. Gas Chromatography separates molecules using a high temperature system to vaporize all the components which are subsequently separated on a column. Combining gas chromatography with mass spectrometry is currently one of the most accurate methods used to identify an unknown substance. 2. Inorganic analysis includes techniques such as the emission spectrum of elements, Atomic Absorption Spectrophotometry, Neutron Activation Analysis, and X-Ray Diffraction Analysis. References: Saferstein, Richard, “Criminalistics: An Introduction to Forensic Science,” pp. 1-22. Prentice Hall, Inc., Upper Saddle, NJ 07458, 2001. ISBN 0-13-013827-4 (textbook with lots of background information and figures) Homework Chapter 1: Introduction and Overview of Forensic Science and the Law Review Questions: Read the chapter from ikechemistry.weebly.com. Use class notes or outside research to answer the following questions on separate paper. Facts and Concepts 1. Define forensic science. 2. People of Forensic Science: What were their major contributions to forensic science? Mathieu Orfila Alphonse Bertillon Francis Galton Calvin Goddard Hans Gross Edmond Locard 3. What is Locard’s exchange principle? 4. What city’s police department boasts the oldest forensic laboratory in the United States? What is the largest forensic laboratory in the world? 5. How are crime labs currently organized in the U.S.? Discuss the lab staff at these organizations. 6. Name and describe four major federal crime labs. 7. Basic Services of a crime lab (at least five) and describe. 8. Optional services of a crime lab (at least five) and describe. 9. Other forensic services (at least six) and describe. 10. Which unit of the crime lab examines body fluids and organs for drugs and poisons? Which unit examines and compares tool marks? 11. Which part of the body do forensic odontologists use to identify a victim? Why is this body part particularly useful as a source of identification? 12. List the three basic functions of a forensic scientist. 13. What is an expert witness? What is the main difference between the testimony given by an expert witness and that given by a lay witness? 14. Name seven types of laws in the United States. 15. Discuss three differences between civil and criminal cases. 16. What is the purpose of a preliminary hearing? 17. Explain the plea of nolo contendere. 18. What must the defendant prove to be found “not guilty by reason of insanity”? 19. Explain how a violation and an infraction are different. 20. What are the differences between misdemeanors and felonies? 21. When does an officer not have to read Miranda rights to an arrested person? 22. What are the Federal Rules of Evidence, and why are they needed? 23. Explain the case that the Frye standard was based on. Describe the Daubert case. 24. Explain the major differences between the Frye standard and the Daubert ruling when dealing with physical evidence and whether the evidence will be accepted in a court of law. Application and Critical Thinking 25. Police investigating an apparent suicide collect the following items at the scene: a note supposedly written by the victim, a revolver bearing very faint fingerprints, and traces of skin and blood under the victim’s fingernails. What units of the crime laboratory will examine each piece of evidence? 26. If you were caught red-handed in a burglary, what procedures would you expect to experience before sentencing? Be specific, using the link “Steps in Pursuing Justice” found on the website.