Download Intro to Forensics 2014

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 Do You Know???
Quickly and Honestly try this quiz.
Chapter 1
2
Introduction
Students will learn:
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.
Chapter 1
3
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.
Forensic Science cannot offer final and authoritative solutions,
however it does play an important and unique role in the criminal
justice system by using the scientist's ability to supply accurate
and objective information that reflects the events of a crime
Chapter 1
4
General Goals of a Forensic Scientist are:
The general goals of a forensic scientist
are:
 Recognition of physical evidence
 Identification of physical evidence
 Individualization of physical evidence
 Evaluation of physical evidence
 Reconstruction of the crime
Chapter 1
5
Criminalistics vs Criminology
Criminalistics
Criminology
the scientific
includes the
examination of
psychological angle,
physical evidence for
studying the crime
scene for motive,
legal purposes.
traits, and behavior
that will help to
interpret the
evidence
Chapter 1
6
Crime Lab—Basic Services
Physical Science Unit
Chemistry
Physics
Geology
Biology Unit
Firearms Unit
Document Examination
Unit
Photography Unit
Chapter 1
7
Crime Lab—Optional Services
Toxicology Unit
Latent Fingerprint Unit
Polygraph Unit
Voiceprint Analysis Unit
Evidence Collection Unit
Chapter 1
8
Some Forensic Science Services
• Forensic Medicine
Forensic Pathology
Forensic Anthropology
Forensic Entomology
Forensic Psychiatry
Forensic Odontology
Forensic Engineering
Cybertechnology
Chapter 1
9
Forensic Medicine
The application of medicine and
medical science to legal problems
Practitioners of forensic medicine are
doctors of medicine with special
certification in pathology and forensic
pathology
Most of them are Medical Examiners
They are concerned with determining
cause and circumstances in cases of
questioned death
They also can be involved in matters of
insurance claims, and sometimes
cases of malpractice
Chapter 1
10
Forensic Odontology
Commonly called Forensic
Dentistry
The application of dentistry to
human identification problems
Forensic odontologists are
dentists who specialize in the
forensic aspect of their field
They are concerned with the
identification of persons based
upon their dentition, usually in
cases of otherwise
unrecognizable bodies or in
mass disasters
They also analyze and compare
bite mark evidence
Chapter 1
11
Forensic Anthropology
Personal identification based on bodily
remains (particularly skeletal)
Practitioners are anthropologists who
are interested in Forensic Science
Other areas of forensic anthropology
include:
 Maintaining databases on bodily
structures as functions of race, sex,
age, stature, and so forth
 Facial reconstruction
 Interpretation of footprint or shoeprint evidence
Chapter 1
12
Forensic Toxicology
The determination of
toxic substances in
human tissues and
organs
Much of the work
concerns the role toxic
agents may have played
in causing or contributing
to the death of a person
Chapter 1
13
Trace Evidence Analysis
Includes all areas of trace and
transfer evidence such as:
 soil and glass
 hair and fibers
 blood
 physiological fluids
 arson accelerant and
explosive residues
 drug identification
 different patterns and imprints
Chapter 1
14
Questioned Document Analysis
The comparison and
interpretation of ...
 handwriting
 mechanically produced
material (typing, printing)
 photocopied material
The analysis of paper, inks,
and other materials used to
produce documents
Chapter 1
15
Firearm Identification
Firearm identification
Comparison of markings on
bullets, cartridge cases, and
shell cases
Determining if a bullet has been
fired from a particular weapon
Toolmark examinations are
concerned with the association
of a particular impression with a
particular tool
Chapter 1
16
Fingerprint Analysis
Classification of
fingerprints
Maintaining fingerprint
databases
Development and lifting
of latent prints
Comparisons of known
and unknown fingerprints
to determine a match
Chapter 1
17
Major Crime Laboratories
FBI
DEA
ATF
U.S. Postal Service
U.S. Fish and Wildlife Service
Chapter 1
Kendall/Hunt Publishing Company
18
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
Chapter 1
19
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 highpowered 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
Chapter 1
20
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
Chapter 1
21
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.
Chapter 1
22
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
Chapter 1
23
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
Chapter 1
24
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
Chapter 1
25
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
Chapter 1
26
Types of Law
Statutory Law - is written or coded law based on the
Constitution
Common Law - or case law is made by judges. The US
Supreme Court carries the greatest influence. Once
a decision is made in court, it is written down and
becomes law.
Civil Law - The law that deals with noncriminal suits brought
to protect or preserve a civil or private right or matter.
Criminal Law - or public law, deals with regulation and enforcem
Chapter 1
27
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
Chapter 1
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
27
Probable Cause
Situation in which a reasonable and pru
available information, would
conclude that a crime has been commi
Chapter 1
29
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.
Chapter 1
28
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.
Chapter 1
29
Types of Crimes
Infraction - minor
offense or petty crime, no
more than 1 year in prison
Misdemeanor a minor
crime, less than a felony,
usually punished with a fine
Felony - a serious crime,
such as murder, punishable
by more than one year
imprisonments up to
execution.
Chapter 1
30
Steps in Pursuing Justice
Steps in pursuing justice are complex and different
depending on jurisdictions .
Crime Scene is investigated
After suspect arrested Booking
Informed of Miranda Rights
Arraigned before a Judge
Bail may be set if deemed appropriate
Suspect enters a plee
Future court dates are set.
Chapter 1
33
Federal Rules of Evidence
In order for evidence to be
admissible, it must be:
Probative—actually prove
something
Material—address an issue
that is relevant to the
particular crime
Expert Witness - the person
who presents scientific
evidence
Chapter 1
Kendall/Hunt Publishing Company
31
Admissibility of Evidence
These two rulings have had a great influence on whether
scientific evidence can be used in court.
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.
Chapter 1
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.
32
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
Chapter 1
33
“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
Chapter 1
34