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Transcript
Criminal
Investigation
eighth edition
SEVEN
The Crime Laboratory
Swanson • Chamelin • Territo
McGraw-Hill
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
LEARNING OBJECTIVES
• Define and distinguish forensic science and criminalistics
• Understand the importance of an investigator's
understanding of crime laboratory capabilities
• Describe the three measures of effectiveness of crime
laboratories
• Distinguish the Frye test from the Daubert test regarding
the admissibility of scientific evidence
• Explain the role and importance of DNA analysis in
criminal investigation
• Identify the latest technologies in DNA evidence
investigation and data banking
• Highlight the process of fingerprint identification and
comparison
• Describe AFIS and IAFIS
• Describe NIBIN
• Briefly explain the techniques and methods used by both
the ATF and FBI crime laboratories to examine evidence
McGraw-Hill
7-1
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
FORENSIC SCIENCE
• Forensic science is that part of science applied
to answering legal questions. It includes:
– The examination
– The evaluation
– And the explanation of physical evidence in law
McGraw-Hill
7-2
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
CRIMINALISTICS
• Criminalistics deals with the study of physical
evidence related to a crime
• From such a study a crime may be
reconstructed
• Criminalistics is interdisciplinary in nature
drawing upon:
–
–
–
–
McGraw-Hill
Mathematics
Physics
Chemistry
Biology
7-3
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
UNDERSTANDING CRIME LAB CAPABILITIES
• It is not unusual to find situations in which
investigators not acquainted with the services of
the crime laboratory expect too much from
scientific analysis
– The analysis of evidence can be no better than the
samples submitted
– The investigator therefore has a vital role to play in
the success of laboratory examinations
McGraw-Hill
7-4
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
MEASURES OF EFFECTIVENESS OF CRIME
LABORATORIES
• The effectiveness of crime laboratories and the
services performed are measured by:
– Quality
– Proximity
– Timeliness
McGraw-Hill
7-5
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
CRIME LAB PERSONNEL
• Have degrees in
physical sciences
• Are well trained
• May testify as
experts in courts
(Courtesy New Jersey State Police)
McGraw-Hill
7-6
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
LOCATION OF CRIME LABORATORIES IN FLORIDA
• The proximity of
crime labs to the
police is important
• In Florida's model
labs are located
throughout the
state
• This maximizes
crime lab use by
the police
McGraw-Hill
7-7
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
FRYE V. UNITES STATES AND DAUBERT V
MERRELL DOW PHARMACEUTICALS, INC.
• Frye v. United States - the 1923 federal court
decision ruling that for a scientific technique to
be admissible in evidence, it must be sufficiently
established to have gained general acceptance
in its particular field
• Daubert v. Merrell Dow Pharmaceuticals Inc.
The 1993 U.S. Supreme Court decision holding
that the Frye test was no longer valid in federal
courts; a trial court must determine whether the
testimony of an expert is based on a
scientifically valid methodology and can properly
be applied to the facts of the case
• The application of Daubert presents a challenge
to crime labs to ensure their lab results will be
admissible
McGraw-Hill
7-8
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
“SNIFFING” ROBOT
• Robots are used at crime
scenes to:
– Detect explosives
– Locate drugs
– Collect physical evidence
(Courtesy Nashville Police Department)
McGraw-Hill
7-9
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
DNA ANALYSIS
• Advances in technology have helped DNA
testing to become an established part of criminal
justice procedure
• Questions about the validity and reliability of
forensic DNA test methods have been
addressed, and for the most part validity and
reliability are established
• As a result of DNA testing, traditional blood
testing and saliva testing have been rendered
obsolete
• DNA is found in these substances and, if fact, is
found in all body tissues and fluids
• DNA evidence may be found and collected from
virtually everywhere at a crime scene
McGraw-Hill
7-10
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
SOURCES OF DNA EVIDENCE
• These are common sources of blood and DNA evidence
that investigators need to be aware of in conducting
crime scene searches.
Evidence
Possible Location of
DNA on the Evidence
Source of DNA
Baseball bat or similar weapon
Hat, bandana, or mask
Eyeglasses
Facial tissue or cotton swab
Dirty laundry
Toothpick
Used cigarette
Stamp or envelope
Tape or ligature
Bottle, can, or glass
Used condom
Blanket, pillow, or sheet
“Through and through” bullet
Bite mark
Fingernail or partial fingernail
Handle, end
Inside
Nose or ear pieces, lens
Surface area
Surface area
Tips
Cigarette butt
Licked area
Inside or outside surface
Sides, mouthpiece
Inside or outside surface
Surface area
Outside surface
Person’s skin or clothing
Scrapings
Sweat, skin, blood, tissue
Sweat, hair, dandruff
Sweat, skin
Mucus, blood, sweat, semen, earwax
Blood, sweat, semen, vomit
Saliva
Saliva
Saliva
Skin, sweat
Saliva, sweat
Semen, vaginal or rectal cells
Sweat, hair, semen, urine, saliva, dandruff
Blood, tissue
Saliva
Blood, tissue, sweat
(Source: National Commission on the Future of DNA Evidence, National Institute of Justice, “What Every Law
Enforcement Officer Should Know about DNA Evidence,” Pamphlet (Washington, DC: U.S. Department of Justice).
McGraw-Hill
7-11
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
DNA TECHNOLOGIES
• Polymerase Chain Reaction (PCR) takes small
DNA samples and reproduces many copies for
analysis
• Short Tandem Repeats (STRs) are smaller
pieces of the DNA ladder that can be
reproduced using PCR
• The PCR-STR Process accelerates the analysis
and typing of DNA
McGraw-Hill
7-12
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
DATABANKING AND CODIS
• Today, all U.S. jurisdictions have legislation
requiring the data banking of DNA evidence of
convicted offenders
• In addition to individual-jurisdiction data banking,
there is a national investigation support
database, developed by the FBI, called CODIS
(COMBINED DNA Index System)
• CODIS is used in the national, state and local
index-system networks to link typing results from
unresolved crimes with cases in multiple
jurisdictions
• CODIS can also be used to link persons
convicted of offenses specified in the databanking laws passed by the jurisdictions
McGraw-Hill
7-13
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
FORENSIC IDENTITY TEST
• DNA may be used to:
– Match victims or suspects
– Eliminate suspects
– Release persons wrongly convicted
(Courtesy San Bernardino County, California, Sheriff’s Department)
McGraw-Hill
7-14
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
TRADITIONAL FINGERPRINT IDENTIFICATION AND
COMPARISON
• In the past fingerprints taken from crime scenes
have been classified, filed and searched
according to the Henry System
• The searches of fingerprints from scenes against
a Henry System file are very labor-intensive
• Technological advancement since the 1970s
have allowed the creation of an automated
fingerprint identification process
McGraw-Hill
7-15
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM (AFIS)
• In the early 1970s, the FBI and the National
Bureau of Standards conducted feasibility
research for establishing an automated
fingerprint identification process
• AFIS allows law enforcement agencies to
conduct comparisons of applicant and suspect
fingerprints with literally thousands or millions of
file prints in a matter of minutes
McGraw-Hill
7-16(a)© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM (AFIS) (cont'd)
• AFIS has two major duties
– First is performing the functions of classifying
searching and matching prints
– Second is the storage and retrieval of fingerprints
data
• In July 1999, law enforcement agencies began
to have access to the FBI’S Integrated
Automated Fingerprint Identification System
(IAFIA), a national on-line fingerprint and
criminal history database with identification and
response capabilities
McGraw-Hill
7-16(b)© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
AFIS FINGERPRINT COMPARISON
• Latent prints can be searched against a file of 500,000
prints in one half hour
• The system produces a list of possibles called a
candidate list
• Further determinations are made by a qualified
fingerprint examiner
(Source: Courtesy Dallas Police Department)
McGraw-Hill
7-19
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
INTEGRATED AUTOMATED FINGERPRINT
IDENTIFICATION SYSTEM (IAFIS)
• The system was established by the FBI
• This is a national on-line system with:
– Fingerprint and criminal history databases
– Identification and response capabilities
• Local law enforcement began to access the
system in 1999
McGraw-Hill
7-18(b)© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
INTEGRATED AUTOMATED FINGERPRINT
IDENTIFICATION SYSTEM (IAFIS) (cont'd)
• The local police agency must have a live-scan
fingerprint terminal. The agency may then:
– Scan an arrestee's prints and mug shots
– Electronically transmit the prints, mug shots and
personal information to their state's network for
fingerprint checks
• The state agency then transmits the same
information to the FBI fingerprint repository for
matches
McGraw-Hill
7-18(b)© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
NATIONAL INTEGRATED BALLISTIC INFORMATION
NETWORK PROGRAM (NIBIN)
• A joint program of the Bureau of Alcohol Tobacco
and Firearms (ATF) of the Treasury Department
and the FBI in the Department of Justice
• The NIBIN integrates all the elements of
Ceasefire and Brasscatcher, both former ATF
programs and Drugfire, an FBI program
– As each fingerprint is different, a firearm leaves
unique identifiable characteristics on expended
ammunition
– NIBIN compares images of ballistic evidence, both
projectiles and casings, obtained from crime scenes
and recovered firearms
McGraw-Hill
7-19
© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
ATF FORENSIC SCIENCE LABORATORIES
• These laboratories, in addition to analyzing
alcohol and tobacco samples, conduct forensic
examination in support of the bureau's
explosives, bombing and arson, and illegalfirearm-trafficking investigations, along with
major case investigations of state and local
authorities
• Evidence collected at crime scenes of suspected
arsons is examined to identify accelerants,
incendiaries, and incendiary-device components
• The bureau has four National Response Teams
that respond to major bombings and arson
disasters, nationally and internationally
McGraw-Hill
7-20(a)© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
ATF FORENSIC SCIENCE LABORATORIES
(cont'd)
• The ATF forensic labs also conduct:
– Comparative trace evidence examinations
– Questioned document examinations
– Fingerprint, firearm and tool-mark examinations
McGraw-Hill
7-20(b)© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
THE FBI CRIME LABORATORY
• The FBI crime laboratory is one of the largest
and most comprehensive forensic laboratories
• It provides services to state and local law
enforcement without charge
• Examples of lab services include:
– Microscopic examinations
– Chemical examinations
– Mineralogy examinations
McGraw-Hill
7-21(a)© 2003, The McGraw-Hill Companies, Inc. All rights reserved.
THE FBI CRIME LABORATORY (cont'd)
–
–
–
–
–
–
McGraw-Hill
Firearms examination
Tool mark examinations
Explosives examinations
Metallurgical examinations
Handwriting and document examinations
Chemical, biological and nuclear hazards
examinations
7-21(b)© 2003, The McGraw-Hill Companies, Inc. All rights reserved.