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Introduction to Forensic Science & to the Law Chapter 1 Forensic Science It is the study and application of science to matters of law (criminal and civil) Includes the business of providing timely, accurate, and thorough information to all levels of decision makers in our criminal justice system Also called criminalistics Criminalists vs Criminologists A criminalist examines physical evidence for legal purposes Criminologists study the crime scene for motive, traits, and behavior as to help interpret the evidence – They learn to think like criminals Forensic Scientists Applies the principles and techniques of the physical and natural sciences to the analysis of the many types of evidence that may be recovered during a criminal investigation May also provide expert court testimony – Known as an expert witness Individual whom the court determines possesses knowledge relevant to the trial Developments in Forensic Science 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 Developments in Forensic Science 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 1859- Gustav Kirchoff and Robert Bunsen developed the science of spectroscopy 1864- Crime scene photography developed Developments in Forensic Science 1879- Alphonse Bertillion developed a system to identify people using particular body measurements 1896- Edward Henry developed the 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 Developments in Forensic Science 1959- James Watson and Francis Crick discover the DNA double helix 1977- AFIS developed by FBI, fully automated in 1996 1984- Jeffrey’s developed and used the first DNA tests to be applied to a criminal case People of Historical Significance Mathieu Orfila- father of forensic toxicology Alphonse Bertillion- devised first scientific system of personal identification called Anthropometry. Francis Galton- conducted first definitive study of fingerprints and their classification Karl Landsteiner- discovered that human blood could be grouped into groups- A, B, AB, and O Leone Lattes- developed a procedure to determine blood type from dried bloodstains A systematic procedure of taking a series of body measurements as a means of distinguishing individuals. This method was considered to be the most accurate until it was replaced by fingerprinting. Information Sheet Francis Galton (1822-1911) Did the first definitive study of fingerprints. Dr. Karl Landsteiner (1868-1943) In the early 1900’s he discovered that human blood can be grouped into different categories of A, AB, B, and O. Leone Lattes (1917-1954) Developed a procedure for determining the blood group of a dried blood stain. This method is still used today. People of Historical Significance Calvin Goddard- used a comparison microscope to determine if a particular gun fired a bullet Albert Osborn- developed the fundamental principles of document examination Walter McCrone- utilized microscopy to examine evidence Hans Gross- wrote treatise on criminal investigation Edmond Locard- considered the father of criminalistics; responsible for Locard’s exchange principle – States that when a criminal comes in contact with an object or a person, a cross transfer of evidence occurs Calvin Goddard (1891-1955) Utilized the comparison microscope to analyze bullets Albert S. Osborn (1858-1946) Developed the fundamental principles of document examination Evidence from the Charles Lindbergh kidnapping case Hans Gross (1847-1915) Wrote the first treatise describing the application of scientific disciplines to the field of criminal investigation. He developed the principles of criminal investigation and coined the term “Criminalistics”. Edmond Locard (1877-1966) Developed the first police crime lab in Lyons, France. Also developed: Locard’s Exchange Principle Locard’s Principle In forensic science, Locard's principle holds that the perpetrator of a crime will bring something into the crime scene and leave with something from it, and that both can be used as forensic evidence. Dr. Edmond Locard (13 December 1877 – 4 May 1966) was a pioneer in forensic science who became known as the Sherlock Holmes of France. He formulated the basic principle of forensic science: "Every contact leaves a trace". The Silent Witness…. "Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as a silent witness against him. Not only his fingerprints or his footprints, but his hair, the fibers from his clothes, the glass he breaks, the tool mark he leaves, the paint he scratches, the blood or semen he deposits or collects. All of these and more, bear mute witness against him. This is evidence that does not forget. It is not confused by the excitement of the moment. It is not absent because human witnesses are. It is factual evidence. Physical evidence cannot be wrong, it cannot perjure itself, it cannot be wholly absent. Only human failure to find it, study and understand it, can diminish its value." Ripples in a pond are like traces left at the scene of a crime, they are produced as a consequence of an action. They can be farreaching and often misleading. The scientist must interpret them correctly for their true significance. The exchange of materials between two objects that come into contact with one another. Every Contact Leaves a Trace “Every Contact Leaves a Trace.” Sir Edmond Locard (1877-1966) Sherlock Holmes of France Created a very simple idea, that while obvious to us now, was (and still is) quite powerful to the science of Forensics. Being able to find the “trace” is only limited by our abilities, knowledge, and degree of refinement of techniques & equipment. The Crime Lab Characterized by rapid growth due to – – – Supreme Court decisions in the 1960s placing greater emphasis on scientifically evaluated evidence Accelerated drug abuse Initiation of DNA profiling 350 public crime labs exist at federal, state, county, and municipal levels The Crime Lab History – – – – First established in 1910 by Locard First police crime lab established in 1923 in Los Angeles, CA Scientific Crime Detection Lab established in 1929 First FBI crime lab opened in 1932 Applies principles and techniques of chemistry, physics, and geology to the identification and comparison of crime-scene evidence. This unit will examine drugs, glass, paint, explosives, and soil. Identifies and types dried bloodstains and other bodily fluids, compare hairs and fibers, and will identify and compare botanical materials such as wood and plant products. Tests firearms, discharged bullets, cartridge cases, shotgun shells, and ammunition. Garments and other objects are examined in order to detect firearm discharge residues, approximate discharge distance. Also does tool mark comparisons. Studies handwriting and typewriting on questioned documents in order to ascertain authenticity and/or source. This unit also analyzes indented writing, obliterations, erasures, and burned or charred documents. Other Crime Lab Services Toxicology Unit- examines body fluids and organs for the presence of drugs and poisons Latent Fingerprint Unit- processes and examines evidence for latent fingerprints Polygraph Unit- conducts polygraph or lie detector tests Voiceprint Analysis Unit- attempts to tie a recorded voice to a particular suspect Evidence Collection Unit- dispatches specially trained personnel to the crime scene to collect and preserve physical evidence Other Forensic Science Services Forensic Pathology- concentrate closely on the understanding of types and causation of injuries and causes of sudden and unnatural death – Deals with the different stages of death Rigor mortis- stiffening of the body (occurs within first 24 hours) Livor mortis- settling of blood closest to the ground (occurs up to 12 hours) Algor mortis- results in loss of heat Involves the investigation of sudden, unnatural, unexplained, or violent deaths by the medical examiner or coroner. The forensic pathologist must answer the following questions: Who is the victim? What injuries are present? When did the injuries occur? Why and how were the injuries produced? If cause or manner of death can not be determined by observation, then an autopsy is preformed. There are five categories for manner of death: Undetermined In addition to determining the manner of death the pathologist also needs to determine the Time of death. Stages of decomposition are used in order to help determine the time of death. Rigor mortis Occurs immediately following death, the muscles relax and then become rigid without shortening. Manifests within the first 24 hours and disappears within 36 hours after death. Algor mortis A process in which the body temperature continually cools after death until it reaches ambient room or environment temperature. The rate of cooling is influenced by environmental factors. Livor mortis Blood settles in parts of the body closest to the ground. Skin will appear dark blue or purple in these areas. No discoloration in areas constricted by clothes, etc. This process will continue for up to 12 hrs. after death. This evidence can be used to determine if the body was moved after death. Another method used to determine the time of death is measuring the potassium levels in the eye’s ocular fluid (vitreous humor). This method is somewhat more reliable than the others mentioned so far, but there is NO method that is yet 100% accurate. Additional information, obtained during an autopsy, can be used to help determine the time of death such as; the amount and degree of digestion of food in the stomach. Other Forensic Science Services Forensic Anthropology-concentrates on the identification of deceased individuals whose remains are decomposed, burned, mutilated or otherwise unrecognizable Forensic Entomology- is the study of insects and their relation to a criminal investigation, commonly used to establish the time of death Forensic Psychiatry- work with courts in evaluating an individual's competency to stand trial, defenses based on mental diseases or defects (e.g., the "insanity" defense), and sentencing recommendations Other Forensic Science Services Forensic Odontology- evaluates teeth to determine the identification of the deceased Forensic Engineering- investigation of materials, products, structures or components that fail or do not operate/function as intended, causing personal injury for example Cybertechnology- involves the examination of digital evidence Identification and examination of human skeletal remains can reveal their origin, sex, approximate age, race, and skeletal injury. Can assist in facial reconstruction and identification of victims of mass disaster. Insects are used to estimate the time of death. Each species of carrion fly or beetle has a life cycle that is very precise. Some environmental conditions such as temperature, weather, and climate may influence the developmental rate of the larvae. The characteristics of teeth, their alignment, and the overall structure of the mouth provide individual evidence for identifying a specific person. Utilizes dental records such as X-rays, dental casts, and even photographs of a persons smile are used to make comparisons between a set of dental Deals with human behavior and legal proceedings i.e. is the individual competent to stand trial, make decisions, etc. Also will assist the police in developing a behavior profile of a serial criminal. Concerned with failure analysis, accident reconstruction, and causes and origins of fires or explosions. Will provide its expertise to any local agency that requests assistance in relevant investigative matters. The Federal Bureau of Investigation Associated with the Dept. of Justice – Has the largest crime lab in the world. Analyzes drugs seized in violation of federal laws regulating the production, sale, and transportation of drugs. Associated with the Dept. of Treasury – Analyzes alcoholic beverages and documents relating to tax law enforcement, as well as examining weapons, explosive devices, and related evidence. Crime Lab Deals with criminal investigations relating to the postal service, i.e. letter bombs, questioned documents, etc. The Crime Scene Team A group of professional investigators, each trained in a variety of special disciplines Team members include – – – – – – First police officer on the scene Medics (if necessary) Investigator(s) Medical examiner Photographer and/or Field Evidence Technician Lab Experts Evidence Collection Proper protocols and techniques for collecting evidence are very specific and critical. Generally, first responders preserve scenes and trained specialist collect and analysis evidence Copyright 2005-2009:Hi Tech Criminal Justice, Raymond E. Foster Interview: Crime scene technicians must interview the first officer at the scene or the victim to ascertain the "theory" of the case. Examine: Examine the scene to identify possible items of evidentiary nature, identify point of entry and point of exit, and getting the general layout of the crime scene. Photograph: Photographing the crime scene to record a pictorial view of what the scene looks like and to record items of possible evidence. Crime scene photographs are generally taken in two categories, overall views and items of evidence. Sketch: A rough sketch is completed by the crime scene technician to demonstrate the layout of the crime scene or to identify the exact position of the deceased victim or evidence within the crime scene. Process: The crime scene technician will process the crime scene for evidence, both physical and testimonial evidence. It is the crime scene technicians responsibility to identify, evaluate and collect physical evidence from the crime scene for further analysis by a crime laboratory. An unbroken chain of events regarding all evidence collected. This includes the location of all evidence from the time collected until submitted in court as well as the person responsible for the evidence. 1. Laws that Pertain to the US Criminal Justice System The US Constitution Statutory Law Common Law or Case Law Civil Law Criminal Law Equity Law Administrative Law US Constitution Supreme body of laws that governs our country Overrules the constitutions of individual states Statutory Laws Are written laws as enacted by a government body such as Congress Are based on the Constitution Common Law Also known as case law Are made by judges – Makes for predictability and consistency in how the law is applied Civil Law Also known as private law Deals with relationships between individuals involving properties or contracts – Regulates noncriminal relationships between individuals, businesses, agency of government, and other organizations Includes contracts, marriages, divorces, wills, property transfers, negligence, and products manufactured with hidden hazards More concerned with assigning blame than intent Criminal Law Also known as public law Deals with regulation and enforcement of rights Concerned with offenses against an individual that are deemed offensive to society – Cases tried are always the person vs the state Those laws that are broken fall into 1 of 2 main categories – – Misdemeanor- is a minor crime such as theft, minor assault and battery, or possession of small amounts of illegal drugs Felony- is a major crime such as murder, rape, armed robbery, serious assaults, dealing in illegal drugs, fraud, auto theft, or forgery Equity Law Remedial or preventive law Are for cases not covered by common law – – Restraining orders Injunctions Administrative Law Laws established by governmental agencies such as the IRS, Social Security Administration, or the military The Bill of Rights The right to be presumed innocent until proven guilty The right not to be searched unreasonably, either on one’s person or in one’s home The right not to be arrested without probable cause The right against unreasonable seizure of personal property The right against self-incrimination The right to fair questioning by police The Bill of Rights The right to protection from physical harm throughout the justice process The right to an attorney The right to trial by jury The right to know any charges against oneself The right to cross examine prosecution witnesses The right to speak and present witnesses The Bill of Rights The right not to be tried again for the same crime The right against cruel and unusual punishment The right to due process The right to a speedy trial The right against excessive bail The right against excessive fines The right to be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes Steps in Pursuing Justice If a crime is committed these are the steps to take while pursuing justice – – – – – – – Police investigate what happened Information is collected Crime scene is documented and searched for evidence All info is assembled into a report and sent to DA Investigation continues until probable cause is established An arrest warrant is issued for the suspect The suspect is arrested Individual is booked, fingerprinted, photographed and informed about his/her rights The Miranda Rights Miranda v. Arizona (1966) – Before a law enforcement officer may question a suspect regarding the possible commission of a crime, he or she must inform the detainee about his or her Miranda rights, making sure the detainee understands them The Miranda Rights Warning of Rights – – – – – – You have the right to remain silent and refuse to answer questions Anything you do or say may be used against you in the court of law You have the right to consult an attorney before speaking to the police and to have your attorney present during questioning now or in the future If you cannot afford an attorney, one will be appointed for you before any questioning if you wish If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present? Steps in Pursuing Justice – Person is brought before a magistrate judge who informs the individual of the charges, his/her rights, and bail – The person may also enter a plea of guilty, not guilty, not guilty by reason of insanity, double jeopardy (been tried for same crime in same court), or nolo contendere (no contest) If a plea of guilty is entered, the person is brought before a preliminary or evidentary hearing (no jury present) Most states use a grand jury – Will determine if there is enough evidence to bring the accused to a formal trial – The prosecutor presents evidence and the grand jury (16-23 citizens) decide the fate of the accused – If the grand jury decides there is enough evidence, a trial date will be set Steps in Pursuing Justice – If a plea of not guilty by reason of insanity is entered, the defendant will have to prove, by “clear and convincing evidence,” that “at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or wrongfulness of his acts” Crimes must show intent- the insanity plea removes intent Steps in Pursuing Justice – Sometimes, the DA will plea bargain with the accused The defendant works out a deal with the DA – May reduce jail time Types of Crimes All crimes are violations (breach of a right, duty, or law) – 3 types Infractions Misdemeanors Felonies Infractions Minor offense or petty crime Is less serious than a misdemeanor Examples include – – – Jaywalking Traffic violations Littering Penalty is usually a fine Misdemeanors Cases are tried in court Punishable by no more than 1 year in jail Examples include – A first offense of drunk driving, vandalism, shoplifting, simple assaults, trespassing, or prostitutions Fines range from less than $250 to $2500 Community service is also part of the sentence sometimes Felonies Cases are tried in court Punishable from 5 years to life – Examples include – Some states offer death penalty Arson, aggravated assault, burglary, robbery, homicide, and rape Fines may be up to $100,000 Probation may also be determined Federal Rules of Evidence Probative – Material – In evidence law, tending to prove something In evidence law, relevant and significant. Hearsay – – Testimony given by a witness who relates not what he or she heard, saw, or knew personally, but what others have said Is not admissable in the court of law Admissibility of Evidence 1923 Frye v. US – – – 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 The Expert Witness 1. 2. 3. The expert witness presents scientific evidence in court. He/She will: Establish credibility by citing: – educational degrees – participation in special courses – membership in professional societies – published articles and books – years of experience Evaluate evidence: Subject to crossexamination Render an opinion about the evidence. The judge may accept or reject the opinion’s significance. Only courtroom actor allowed to express an opinion Facets of Guilt Try to prove – – Means- person had the ability to do the crime Motive- person had a reason to do the crime – Does not have to be proved in a court of law Opportunity- person can be placed at the crime CORPUS DELICTI “Body of the Crime” You must prove: that a crime occurred that the person charged with the crime was responsible for the crime Top Reasons for Committing a Crime Money Revenge Sex Emotion--love, hate, anger Source of Evidence Body Primary and/or Secondary Crime Scene Suspect(s) “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