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Runaway Jury. How TV crime dramas effect American court rooms. Outline. Breakdown of the different fields and sensors used in forensics TV versus Real Life Case Study CSI: Crime Scene Investigation Effects of TV on the Court Room. Forensic Science.
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Runaway Jury How TV crime dramas effect American court rooms
Outline • Breakdown of the different fields and sensors used in forensics • TV versus Real Life • Case Study CSI: Crime Scene Investigation • Effects of TV on the Court Room
Forensic Science • The application of a broad range of sciences to answer legal questions • Used for both criminal and civil cases • Usually referred to as simply ‘forensics’ • Dates back to Aristotle
Forensic Psychiatry • A sub specialty of psychiatry that focuses on the legal aspects of the profession • Two major areas of criminal evaluation • Competency to stand trial • Mental state at time of offense • Not guilty by reason of insanity • in this case insanity is a legal and not a medical term
Trace Evidence • Evidence found at a crime scene in small but measurable amounts • Hairs • Fibers • Gunshot residue • Arson accelerants • Botanical materials
Trace Evidence Sensors • Compound polarized light microscope – most commonly used • Scanning electron microscope • Gas chromatography • Mass spectrometry • Infrared spectroscopy
Fingerprints • Imprint made by the pattern of ridges on the pad of the human finger • No two fingerprints are exactly the same • Dactyloscopy is the science of comparing fingerprints • Three basic patterns: arch, loop, and whorl
Fingerprint Sensors • Dusting power and brush • Magnifying glass • Computer image enhancement
Forensic Engineering • Investigation of materials, products, structures, or components that fail or do not operate as intended • Much more common in civil cases than criminal • Locate cause of problem for improvement • Insurance companies for liabilities
Forensic Engineering Sensors • Optical and Scanning electron microscopes • Spectroscopy • Simple hand lens
Forensic Chemistry • Application of chemistry principles to law enforcement • Explosives • Poisons • Controlled substances • Weight • Positive identification of substance
Forensic Chemistry Sensors • Gas chromatograph-mass spectrometer • Traveling time • Ion presence • Fourier Transform infrared spectrophotometer • Drug fingerprint
Bloodstain Pattern Analysis • Combines biology, chemistry, math, and physics to produce strong and solid evidence • Can be used to determine several characteristics of the crime committed • Variety of blood pattern categories
Bloodstain Pattern Categories • Passive bloodstains, force: gravity • Passive drop, gravity alone • Drip pattern, blood dripping into blood • Flow pattern, change in flow due to gravity or movement of an object
Bloodstain Pattern Categories • Projected bloodstains, force: energy transfer • Low, Medium, High Velocity Impact Spatter • Cast-Off • Gushing • Back Spatter • Expiratory Blood
Bloodstain Pattern Categories • Transfer/contact bloodstains, force: touch • Wipe, object moves through existing stain altering its appearance • Swipe, transfer from moving source and the direction of travel may be determined by the feathered edge
Bloodstain Pattern Analysis • Can be used to determine • Mechanism that created the stain • Direction of travel • Area of origin • Basic type of object used • Minimum number of blows • Positioning of victim, suspect, and objects • Sequence of events
Bloodstain Pattern Sensors • Center around principles of physics • Determine • Angle of impact (software) • Point of convergence (2D) • Area of convergence (2D) • Area of origin (3D) • Generally collected using photography
DNA • Sometimes called “the genetic fingerprint” • Inherited from both parents, so biological connections can be confirmed • 1986 - First used to convict an criminal of murder in England
DNA and Sensors • Computerized databases • Ultraviolet scanners • Microarray scanner
OJ Simpson and DNA • Simpson was not the only thing on trial • It was also the most public trial of DNA fingerprinting • Most jurors actually did not consider the DNA results when reaching their verdict • Prosecution used two different labs with eight markers being tested
Forensic Anthropology • Applying physical anthropology and the study of the human skeleton in a legal setting • Usually applies to criminal cases when the remains are skeletonized or unrecognizable due to decomposition, burning, or mutilation • Cannot legally determine the cause of death but help identify the victim
Forensic Anthropology Sensors • Measurement instruments • Microscopes • X-rays
Forensic Facial Reconstruction • Process of recreating the face of an unidentified individual from skeletal remains through artistry, anthropology, and anatomy • Does not meet the Daubert Standard • Only used to reach a positive identification for the remains
Forensic Facial Reconstruction • Two-dimensional reconstructions • Portrait drawings based on radiographs, ante mortem photographs, and the skull • FACE and CARES computer software can now produce facial approximations quickly and can be edited easily • Three-dimensional reconstructions • Casts of remains and modeling clay • Can be enhanced with computer imaging
Information Forensics • Investigation into systemic processes that produce information • Tends to focus on business, technology, and legacy systems • Fraud • Abuse • Mistakes • Sabotage
Information Forensics • Bioinformatics • Cryptography • Musicology • Trace • Major Specialty area: Forensic Accounting
Forensic Entomology • Appling the study of insects and arthropods to legal issues • Arthropod involvement in various crimes including • Murder/Suicide • Rape • Physical abuse • Contraband trafficking
Forensic Entomology • Most insects involved in criminal investigations are necrophagous • Four primary insect orders • Diptera – first on the scene • Coleoptera • Acari • Hymenoptera – last, normally eat insects eating the corpse
Forensic Entomology Sensors • Dissection microscope • Electron light microscope • Variety of Lenses and chemicals
Case Study: CSI • One of the most watched shows in television history • Has several spin off shows all of which are usually in the top spot in their time slot • Different from other crime dramas such as Law and Order because it follows the story more through forensics than it follows people and the court proceedings
Case Study: CSI • Benefits produced by CSI • Increased or even created public interest in forensic science • Majors relating to forensics are some of the fastest growing in the nation • Some institutions have even added forensic depts • Improved understanding of the importance of science in our every day lives
Case Study: CSI • Problems created by the program • However, several myths have been created and reinforced through the popularity of the show • Myths range from the actual responsibilities of the criminalists to the speed at which results can be produced • Influencing real court rooms in what’s termed “The CSI Effect”
Case Study: CSI • Myth 1: Laboratory Personnel can examine evidence as soon as it gets to the lab • Usually takes months before time permits an examination of the evidence due to back logs and quality control procedures • Only exception are “high priority” cases
Case Study: CSI • Myth 2: One person can examine all types of evidence • There are no ‘generalists’ in today’s forensics • The expertise required for each section of forensics sometimes requires one piece of evidence to be examined by more than one individual
Case Study: CSI • Myth 3: Fingerprints susceptible to testing and identification are always found • Finding identifiable fingerprints that can be collected and are of a high enough quality to do an automated search are rare • Normally fingerprint comparison must be done by ‘hand’
Case Study: CSI • Myth 4: Testing for drugs and chemicals in blood is quick and easy • Numerous drugs, botanicals, chemicals that can be presented at any given crime scene • Numerous instruments to identify these various compounds • Process often takes weeks or months to complete
Case Study: CSI • Myth 5: The cooperative crime scene • The ‘perfect’ evidence is rarely there • Technology has greatly improved evidence collection but no technological advancements can find nonexistent evidence • Time between occurrence and discovery of the crime is the biggest factor
Case Study: CSI • Myth 6: The fully equipped crime lab • TV forensic labs are always fully equipped with the most up to date technology • Even the labs with the largest budgets cannot afford to have the same lab quality as the labs on TV dramas • Shortages occur with building space, funds, equipment and proficient personnel
Case Study: CSI • Myth 7: Use and availability of some sensors • Some of the sensors used are actually prototypes still in the developmental stages and are not on the market yet • The accuracy and power of some sensors has been enhanced beyond what they are currently capable of detecting
CSI and the Courtroom • Experts have noticed the rise of the “CSI Effect” in courtrooms • Trend in which TV shows increase the expectations of victims’ and jury members’ concerning forensic evidence and the level of crime scene investigation • Trials are being presented differently at trial
CSI and the Courtroom • From the criminal’s perspective • Increase in crime scenes where the evidence has been tampered with or completely destroyed • Burning scenes • Using bleach • Vacuuming carpet and removing the vacuum cleaner
CSI and the Courtroom • Criminal Perspective: Case Study • Murder Case in Trumbull County, OH • Mother and daughter murdered • Used bleach to wash hands • Covered car interior with blankets preventing transfer • Burned bodies, clothes, and other potential evidence • Attempted to sink remaining evidence in a lake
CSI and the Courtroom • Juror perspective • Expect to see solid physical evidence indicating the defendant • Likely to ignore circumstantial evidence • Always assume DNA evidence should be found at the scene • If physical evidence is found, it is now much less likely to be questioned by jurors
CSI and the Courtroom • Juror Perspective: Case Study • Robert Blake Case • Quote from juror “I would have liked more of the kind of evidence I have seen in the cases on ‘CSI’, I just expected more” • Dismissed circumstantial evidence • More often than not, there is little physical evidence linking defendant directly to the crime