Forensic Science and the Law

1. Forensic Scienceand 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

2. Laws that Pertain to the U.S. Criminal Justice System • The U.S. Constitution • Statutory Law (is written law set down by a legislature) • Common Law or Case Law • Civil Law • Criminal Law • Equity Law • Administrative Law Kendall/Hunt Publishing Company

3. Fourth Amendment • The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizure, shall not be violated and no warrant shall issuue, but upon probable cause …. • Search warrant needed in most cases • Warrantless search – existence of emergency, need to prevent loss or destruction of evidence, consent by parties, part of lawful arrest Kendall/Hunt Publishing Company

4. 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 To cross-examine prosecution witnesses To speak and present witnesses Not to be tried again from 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 The Bill of RightsGives individuals the right: Kendall/Hunt Publishing Company

5. 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. Kendall/Hunt Publishing Company

6. Fifth Amendment – the right against self incrimination 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. Kendall/Hunt Publishing Company

7. Types of Crimes • Infraction - Infractions are violations of law or ordinances that are typically pretty minor,. An infraction is less serious than a misdemeanor and may not  technically be considered  a crime, depending on the circumstances.  A person who commits an infraction will usually get a ticket or citation - not jail time or other heftier punishments.  • Misdemeanorare more serious than infractions, but less serious than felonies.  Misdemeanors typically result in a heavier fine than what someone would pay if they committed an infraction; or if sentenced to jail, for a term that is less than a year.  If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary).  • Felonyare the most serious types of crimes, and each state has different punishments for these offenses.  A standard definition of a felony is any crime punishable by more than one year in prison.  Unlike misdemeanors, defendants convicted of felonies serve their sentences in a state or federal prison rather than a local, city or county jail.  Kendall/Hunt Publishing Company

8. Processing Physical Evidence In order for evidence to be admissible, it must be: • Legally obtained • Probative—actually prove something (relevant) • Identify the item • Maintain the chain of possession Kendall/Hunt Publishing Company

9. Federal Rules of Evidence • is a code of evidence law governing the admission of facts by which parties in the United Statesfederal court systemmay prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments.[1] Kendall/Hunt Publishing Company

10. 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. 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. Admissibility of Evidence Kendall/Hunt Publishing Company

11. 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 Kendall/Hunt Publishing Company

12. What is testimonial evidence? Testimonial evidence includes oral or written statements given to police as well as testimony in court by people who witnessed an event. Eyewitness accounts can be a useful tool in helping investigators with analyzing a crime scene, but are not viewed to be highly reliable. In addition, eyewitness identifications (right or wrong) can have a big influence on the outcome of an investigation or trial. People are likely to view the same scene in different ways depending on their positions, line of sight, familiarity with the area, and other factors that can interfere with a person’s ability to remember details. The Bunny EffectCBS News Video

13. Memory Challenge Directions: You will have 30 seconds to view the next screen. Try to memorize all 20 items you see! You are NOT allowed to write anything down You CANNOT talk to anyone else.

14. Items to remember ... Neuroscience for Kids - http://faculty.washington.edu/chudler/puzmatch1.html

15. What do you remember? How did you do? All 20 – Awesome 15-19 – Great 10-14 – Pretty swell 5-9 – Could be better 4 or Less – Wake up

16. Did you know? According to The Innocence Project (2008) "Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing." Still, the criminal justice system profoundly relies on eyewitness identification and testimony for investigating and prosecuting crimes (Wells & Olson, 2003). What factors affect a person’s memory and their ability to identify a suspect? Source: http://www.helium.com/items/1276135-accurate-eyewitness-accounts

17. Age may play a role in the accuracy of an eyewitness’ statement or identification of a suspect. Studies have shown that when a lineup contains the actual culprit, both young children and elderly perform well, but when the lineup does not contain the culprit there is a higher rate of mistaken identifications. The race of the witness may also play a role. The Cross Race Effect (CRE) is a phenomenon in which people are better at recognizing faces of their own race rather than those of other races. The use of drugs can alter a person’s ability to recall the events of a crime even after they are no longer under the influence. A person’s memory of an event can be influenced by other witnesses, investigators, and/or the media. Investigators use open-ended questioning and follow procedures for conducting line-ups to limit their influence on a witness’ memory of an event or identification of a suspect. Witness Factors Source: http://www.helium.com/items/1276135-accurate-eyewitness-accounts

18. A crime that is extremely traumatic for an eyewitness may affect his/her recall of the event. For example, a witness confronted with a weapon tends to focus on the weapon rather than the perpetrator’s face. Someone who is able to focus on a perpetrator's face for a minute or longer will tend to have a more accurate memory than someone who saw the person for only a few seconds. Studies have shown that faces that are either highly attractive, highly unattractive, or distinctive are more likely to be accurately recognized. Simple disguises, such as hats or sunglasses, can interfere with accurate eyewitness identification. However, body piercings and tattoos increases the likelihood of an accurate identification. The time of day in which the crime occurred as well as a person’s view of the scene may affect what a he/she is able to see. In addition, a person who is familiar with the area in which the crime took place, may have a better recall of the positions of the victims or suspects. Crime Scene & Suspect Factors Source: http://www.helium.com/items/1276135-accurate-eyewitness-accounts

19. Crime Scene Challenge • Now that your eyes and brain are warmed up, let’s test your observation skills a bit more. • You will have 2 minutes to study the photograph of a crime scene on the next slide. • Try to pay attention to details as you will be asked 10 questions about the crime scene! • You are not allowed to write anything down until after the time is up. • Ready?

21. Do you remember? • What color coffee mug was in the picture? Blue Red Yellow • 2. When was the deadline? Yesterday Today Tomorrow • 3. What time was on the clock on the wall? 10:40 11:05 1:55 • 4. How many sticky notes were on the whiteboard? Four Six Eight • 5. Which of the following was NOT in the picture? Stapler Trash Can Printer •  6. What was the name on the plaque on the desk? Bill Brian Carl •  7. What color was the victim's shirt? Black Blue Red •  8. How many plants were in the picture? None One Two • 9. What was the color of the marker in the desk drawer? Red Blue Green • 10. Where was the book in the picture? On a box In the trash can Under the body Kendall/Hunt Publishing Company