Download Introduction to Forensic Science and the Law

Chapter One
Introduction to Forensics Science
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
A. Forensic Science
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A study and application of science to law
provide accurate, thorough info to decision makers in
our criminal justice system.
Comes from Latin “forensis” = forum, a public place
where, in Roman times, senators and others debated and
held judicial proceedings.
Video
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Criminalistics vs Criminology
Criminalistics
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Criminology
the scientific
examination of
physical evidence for
legal purposes.
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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
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Physical Science Unit
 Chemistry
 Physics
 Geology
Biology Unit
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Anything that deals with
the human body
Firearms Unit (Ballistics)
Document Examination
Unit
Photography Unit
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Crime Lab—Optional Services
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Toxicology Unit- poisons
Latent Fingerprint Unit- hidden
Polygraph Unit
Voiceprint Analysis Unit
Evidence Collection Unit
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Other Forensic Science Services
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Forensic Pathology- diseases
Forensic Anthropology- bodies
Forensic Entomology- bugs
Forensic Psychiatry- the mind
Forensic Odontology- teeth
Forensic Engineering- structures
Cybertechnology - computers
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Major Crime Laboratories
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FBI- Federal Bureau of Investigation
DEA- Drug Enforcement Agency
ATF- Bureaus of Alcohol, Tobacco, and
Firearms
U.S. Postal Service
U.S. Fish and Wildlife Service
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Crime Lab History
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Arthur Conan Doyle write Sherlock Holmes
 Video- The Great Mouse Detective
 Sherlock Holmes (2009)
First crime lab in the world - France in 1910 by Edmond Locard
First crime lab in U.S. - 1923 in Los Angeles
The Scientific Crime Detection Lab was founded in 1929 as a result
of the St. Valentine’s Day Massacre
The first FBI crime lab opened in 1932 with the help of Dr. Calvin
Goddard
Video
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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
 1840- Mathew Orfila helps convict a criminal of poisoning
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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
 1892- Francis Galton ID’s fingerprint categories
 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.”
 1910- Locard develops the first crime lab
 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
 Turn to pages 4,5,6
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People of Historical Significance
Edmond Locard (1877-1966)
 French professor and police officer
 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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Locard in Action
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Pretend you have two children and a cat.
You run out to take care of some errands
that include stopping at a furniture store,
the laundry and the house of a friend who
has one child and a dog. What are some
things you could leave behind at each
stop? What are some things you might
collect? Discuss…
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In many cases, the mere fact that a suspect
can be placed at the scene is an indication
of guilt. Examples?
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Fingerprints
Semen obtained from a rape kit
Paint from the fender of a car
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B. The Titles
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Criminalist: Those who deal with the forensic
evidence
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Not cops!
Don’t carry guns, don’t interrogate suspects or make
arrests
Don’t treat the injured or dead
They just collect evidence. That’s it!
Forensic Investigator: Those who deal with the
body (if there is one)
Video
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Common Jobs for a Criminalist
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CSI: collect, protect, transport evidence,
document and sketch, photograph
Print examiner: specialize in fingerprints
Firearms examiner: examining and identifying
firearms, bullets, shell casings and GSR
Toolmark examiner: it is what it is…
Document examiner
Trace evidence examiner: analyze and compare
hair, figbers, glass, soils and paints
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Common Jobs for a Forensic
Investigator
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Pathologist: physician with specialty training in diseases; in
charge of body and evidence on it
Anthropologist: human skeletal remains to determine age,
sex and race of body and establish TOD; toxicology, too
Odontologist: id’s unknown corpses by matching dental
records
Entomologist: uses life cycles of flies and insects that feed
on corpses to determine the approximate time of death, also
determine whether a body has been moved
Psychiatrist: address sanity, give medical advice
Serologist: deals with blood and bodily fluids
Toxicologist: study of drugs and poisons (DWIs, etc)
Botanist: examines plant residues to help solve a crime
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Coroner Vs. Medical Examiner
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Coroner: appointed or elected position that
requires no special medical skills; it’s a
political position; some are doctors
Medical Examiner: physician, licensed to
practice medicine and trained in pathology
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C. US Laws
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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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Laws
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Constitution- governs our country
Statutory Laws- “law on the books”; based
on the constitution, made by govn’t
Common Law- made by judges;
application of the law
Civil Law- relationships between
individuals, assign blame: marriage,
property, contracts
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Laws…
5.
Criminal Law- enforcement of rights; offensive to society;
the state becomes the plaintiff – person offended
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Misdemeanor- minor crime: theft, small amt of drugs
Felony- major crime: murder, rape, armed robbery, drugs
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Example: The People Vs. Larry Flint
Example: The State of Wisconsin Vs. Yoder
Jail time
Equity Law- preventive: restraining order
Administrative Law- rules established by gov’t agencies:
taxes, social security, military
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The Bill of Rights
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The first 10 amendments to the
Constitution
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Developed shortly after the constitution because
of the memory of loss of civil rights in England
Bill of Rights
Most famous:
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Right to free speech
Right to assemble peacefully
Right to bear arms
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Bill of Rights and FSAssures an individual’s 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 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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Steps to Justice
1.
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Crime committed, discovered
Police investigate
ID suspect
Crime scene documented
Info is given to prosecutor
Investigation
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Probable cause-arrest warrant (situation concluding that
a crime was committed by the suspect)
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Miranda v Arizona
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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:
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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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After Miranda
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Brought to judge
Arraignment: defendant hears charges and enters a
plea- guilty, not guilty, nolo contendere (no contest)
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Not admitting guilt, but doesn’t say they are innocent
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Subjects them to conviction, but maybe be used in conjunction
with a plea bargin
If Guilty plea- taken to court preliminary hearing, no
jury, pass sentence
If Not Guilty Plea- judge decides if trial, bail
Sometimes Grad jury- big felonies; no judge, panel of
judges that vote; if trial- indictement
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Types of Crimes
1.
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Infractionless petty
than a
misdemeanor
Misdemeanor
Felony
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Federal Rules of Evidence
In order for evidence to be
admissible, it must be:
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Probative—actually prove
something
Material—address an issue that
is relevant to the particular crime
Hearsay is not admissible
because it is not reliable
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Testimony
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Expert Witness
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Frye Standard: Applies to new science, states:
evidence is admissible if the method which it was
obtained is based on acceptance from the
scientific community
Daubert Ruling: Revision of the Frye Standard,
evidence must follow the scientific method
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Changing technology; lots of junk science
(theories based on untested hypothesis)
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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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“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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