Forensic Science

Forensic Science Original Powerpoint Adapted from Richard SafersteinPrentice Hall and Mrs. Partridge LHS

Definition fe-ren’ sik adj relating to, used in, or appropriate for courts of law or for public discussion or argumentation Latin forensis – public, of a forum forensic science is the application of science to criminal and civil laws.

Criminalistics A body of knowledge concerning the recognition, collection, identification, individualization, and evaluation of physical evidence using the techniques of natural science in matters of legal significance.

What a forensic scientist DOES! She deals with life’s grimmest realities dispassionately while never losing sight of the feelings that keep her human

What a forensic scientist DOES • A forensic scientist must be skilled in applying 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. • A forensic scientist may also provide expert court testimony.

Is it “forensics”? • The “science” of forensic science • Scientific method • Observing Problem • Researching problem – survey the scene • Hypothesizing – who committed the crime based on evidence • Testing – analyze the evidence to see if it implicates a suspect • If answer is wrong, start over Avoid forming conclusions too early in an investigation. You may miss/neglect evidence.

Is it “forensics”? • Forensic Process R.I.I.R. • Recognition • Scene survey, documentation, collection & preservation • Identification • Comparison testing • Individualization • Evaluation, interpretation • Reconstruction • Reporting & presentation -

Scope of Forensic Science • Criminalistics – the application of physical sciences to criminal investigation • Specialties • Medicine • Anthropology • Odontology • Entomology • Legal • Document analysis • Ballistics • Facial reconstruction • others

History of Forensic Science • Many believe that Sir Arthur Conan Doyle popularized scientific crime-detection methods through his fictional character Sherlock Holmes

History of Forensic Science • Holmes applied new, developing principles of serology, fingerprinting, firearm ID, and questioned-document examination long before their value for first recognized and accepted by real criminal investigators • Doyle’s first novel, A Study in Scarlet, has examples of his ability to describe scientific methods of detection, years before they were actually discovered and implemented

History of Forensic Science • Forensic Science has been around nearly 900 years • First recorded application of medical knowledge to the solution of a crime was in 1248 • 1836 - James Marsh detected arsenic poisoning in connection with a criminal investigation • 1839 - Mathieu Orfila, toxicology, perfected techniques to trace poisons • 1879 - Alphonse Bertillon developed anthropometry, body measurements to distinguish individuals • Late 1800’s - Alexandre Lacassagne, ballistics and bloodstain patterns

History of Forensic Science • 1892 – Francis Galton developed methodology of classifying and filing fingerprints • 1901 Karl Landsteiner discovered blood typing • 1915 Leone Lattes devised a simple procedure for determining blood group

History of Forensic Science • 1910 Edmund Locard, exchange principle, 1st forensic science journal (Locard’s Exchange Principle—states that when a criminal comes in contact with an object or person, a cross-transfer of evidence occurs) • 1924 August Vollmer, LAPD crime lab (oldest) • 1932 FBI laboratory, fingerprints • 1980’s DNA testing • ()

Forensic Science in the USA • Federal (FBI, DEA, secret service, ATF) • State (coroner, medical examiner) • Local (sheriffs, police) • Private (DNA labs) • Stop/warn

Coroner vs. Medical Examiner • Coroner – an elected official with death investigation duties • Medical Examiner – an appointed government official, always a physician and often a forensic pathologist, with duties of investigating sudden and unexpected deaths or deaths from injuries

Basic Services Provided by Crime Laboratories • Physical Science Unit (drugs, glass, paint, soil, explosives) • Biology Unit (DNA, hairs, fibers, plants) • Firearms Unit (ammunition) • Document Examination Unit (handwriting, authenticity) • Photography Unit (all photo; presentations for court)

Optional Services Provided by Crime Laboratories • Toxicology Unit (drugs, poisons) • Latent Fingerprint Unit • Polygraph Unit • Voiceprint Analysis Unit • Evidence Collection Unit

Envelope containing anthrax spores sent to Senator Tom Daschle shortly after 9/11. A variety of forensic skills used to examine it:

Law and Science (see guided notes) The philosophical foundation of the criminal justice system remains to PROTECT the innocent and to ensure that the TRUTH EMERGES for any matter before the court, thereby ensuring that JUSTICE IS DONE

Bill of Rights • The Bill of Rights was designed to expressly reserve certain powers to the citizens against the Federal Government • The Bill of Rights was not always understood to apply to the rights of citizens when actions involved the state

Precedent Cases • Mapp v. Ohio, 1961: The 4th Amendment prohibits unreasonable searches • Robinson v. California, 1962: The 8th Amendment protects against cruel and unusual punishment • Gideon v. Wainwright, 1963: The 6th Amendment provides the right to counsel

Application of the Bill of Rights • Amendments 1 through 14 apply to all states, saying: The Federal constitution provides the minimum protection. The state may provide greater protection but not less. ()

4th Amendment • The right of the people to be secure in their persons, houses, papers and effects against unreasonable search and seizures shall NOT be violated • No Warrants shall be issued but upon probable cause, supported by an Oath or affirmation, particularly describing the place to be searched and the persons or things to be seized

4th Amendment • The 4th Amendment requires that a valid warrant be issued prior to any search • A warrantless search is Presumptively Unreasonable!

4th Amendment • A valid warrant is required for all unreasonable searches and seizures • Required to obtain a warrant • Probable cause • Oath or affirmation • Particular description area to be searched • What you’re searching for

Evidentiary Information The probable cause clause requires that the police establish the trust worthiness of the information that they base their observations that a crime has been committed.

Two Types of Information Sources • Citizen or victim • Both are generally trustworthy • No need to collaborate • The informant • Credibility of informant is important because informants may also be involved in criminal activity themselves

Two Prong Test For An Informant • Reliability of information • Established by identifying how, when, and where the informant received his information • Credibility of the Informant • Established by identifying the informant, determining his self-interest, & identifying the past accuracy of the informant

Warrant Specificity The following must also be included on the warrant: • Place - specific • Time • Items searching for • Neutral authority – judges permission

Area of Protection Areas of reasonable expectation of privacy: • Car • Office • House Abandoned property does not require a search warrant.

Warrantless Entry • Consent • Plain view • Exigent circumstance • Fire scene • Belief that a person within is in need of immediate aid • Cars parked in a public place • Inventory of locked areas • Caretaker • Search incident to custodial arrest • Arrestee’s clothing $5,040.00 In Hidden Compartment

Chain of Custody • Once the items have been seized and inventoried, chain of custody must be fully documented • Specifies: who seized it, and every subsequent individual who has custody or control of the item

Packaging of Evidence • The CSI must make sure that the evidence is properly packaged according to the recommendations of the forensic laboratory • When evidence is presented in court, it should be professionally packaged and presented • It it’s necessary to repackage evidence, the original packaging must be included in or securely attached to the new package Not like this!

Team Work Forensic scientists work as members of a larger team, perhaps other specialized scientists, law enforcement investigators, prosecutors, defense attorneys, judges, juries and the media.

Law and Science • Lawyers have an OBLIGATION to conduct a spirited defense of the accused, especially if they are guilty

Law and Science • In contrast, forensic science remains JUSTIFICATION based, reaching the truth, dependent upon evidence and data • All scientists are required to uphold a high ethical standard, bound to combine scientific skills with a sworn duty to the public good

Law and Science From crime scene to conviction, a good forensic scientist will be teaching others, an ability that requires patience and the communication of complex principles in simple terms.

Law and Science Frye Standard (named after the 1923 case) Requires the court to determine whether the scientific theory and/or scientific method used to generate evidence are generally accepted as reliable in the scientific community

Law and Science Frye test: • Is the scientific theory generally accepted in the scientific community? (experts) • Is the scientific method used generally accepted in the scientific community? (papers, books on the subject) • Has the technique been applied correctly?

Law and Science Daubert v. Merrel Dow Pharmaceutical, Inc Trial judges must assume the ultimate responsibility for acting as a ‘gatekeeper’ in judging the admissibility and reliability of scientific evidence presented in their courts

Law and Science Daubert Ruling Guidelines • Whether the scientific technique/theory can be (has been) tested • Whether the technique/theory has been subject to peer review and publication • The technique’s potential rate of error • Existence & maintenance of standards controlling the techniques operation • Whether the scientific theory /method has attracted widespread acceptance within a relevant scientific community

An Expert’s Role • By law, only a judge can declare someone an expert witness • Attorneys offer an expert witness to the court to give opinions within their expertise • Used to help clarify facts or educate the jury

Court Advice For a Forensic Scientist “Whereof one can not speak, thereof one must remain silent.” - Ludwig Wittgenstein

Forensic Science