Chapter 1 Introduction to Forensic Science and the Law

1. Chapter 1Introduction to Forensic Scienceand the Law

2. You know my method. It is founded upon the observation of trifles…Sherlock Holmes, The Boscombe Valley Mystery “You know my method. It is founded upon the observation of trifles”…Sherlock Holmes, The Boscombe Valley Mystery Kendall/Hunt Publishing Company

3. Today's Sherlock Holmes Kendall/Hunt Publishing Company

4. Introduction Students will learn: • How a crime lab works • The history of forensic science • Federal rules of evidence, including the Frye standard and the Daubert ruling • The role of the forensic scientist in the criminal justice system • How the scientific method is used to solve forensic problems • The different jobs done by forensic scientists and the experts they consult. Kendall/Hunt Publishing Company

5. LOCARD EXCHANGE PRINCIPLE Whenever two objects come into contact with each other, traces of each are exchanged. Kendall/Hunt Publishing Company

6. LOCARD EXCHANGE PRINCIPLE EVERY CONTACT LEAVES A TRACE! Kendall/Hunt Publishing Company

7. People of Historical Significance Edmond Locard(1877-1966) • French professor • Considered the father of criminalistics • Built the world’s first forensic laboratory in France in 1910 • Locard Exchange Principle • Whenever two objects come into contact with each other, traces of each are exchanged. Kendall/Hunt Publishing Company

8. Forensic Science • The study and application of ________ to matters of _____. • Includes the business of providing ________, __________, and ________________to all levels of decision makers in our criminal justice system. • The word forensic is derived from the Latin “forensis” meaning ________, a public place where, in Roman times, senators and others debated and held judicial proceedings. Kendall/Hunt Publishing Company

9. _____________ the scientific examination of physical evidence for legal purposes. ________________ includes the psychological angle, studying the crime scene for motive, traits, and behavior that will help to interpret the evidence Criminalistics vs Criminology Kendall/Hunt Publishing Company

10. Crime Lab History • First police crime lab in the world was established in France in 1910 by Edmond Locard • First police crime lab in the U.S. opened in 1923 in Los Angeles • The first FBI crime lab opened in 1932 Kendall/Hunt Publishing Company

11. Major Developments in Forensic Science HistoryRefer to your textbook for this! You will not need to know all of these. • 200 BC--- Archimedes tested the purity of the king’s crown using density • 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 • 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 Kendall/Hunt Publishing Company

12. Major Developments in Forensic Science History • 1859—Gustav Kirchhoff and Robert Bunsen developed the science of spectroscopy. • 1864—Crime scene photography developed • 1879—Alphonse Bertillon developed a system to identify people using particular body measurements • 1896—Edward Henry developed 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. • 1953—James Watson and Francis Crick discover the DNA double helix • 1977—AFIS developed by FBI, fully automated in 1996 • 1984—Jeffreys developed and used first DNA tests to be applied to a criminal case Kendall/Hunt Publishing Company

13. Crime LabServices • Drugs • Physical Science Unit • Trace Evidence • Biology Unit • Hairs • Serology • DNA • Firearms Unit • Document Examination Unit • Photography Unit • Toxicology Unit • Latent Fingerprint Unit • Polygraph Unit • Voiceprint Analysis Unit • Evidence Collection Unit Kendall/Hunt Publishing Company

14. Other Forensic Science Services • Forensic Pathology (causes of death) • Forensic Entomology (_______) • Forensic Odontology (________) • Forensic Engineering (product failure) • Cybertechnology (computer crime) • Forensic Anthropology (_______) Kendall/Hunt Publishing Company

15. Major Crime Laboratories • _______(Federal Bureau of Investigation) through the DOJ (Dept. of Justice) • ________ (Drug Enforcement Agency) through DOJ • ________, _________,__________labs • _______ (Alcohol, Tobacco, and Firearms) through Dept. of the Treasury • U.S. _______________________ • U.S. _____________________Service Kendall/Hunt Publishing Company

16. Crime Laboratory Team • A group of professional investigators, each trained in a variety of special disciplines. • Team Members • First Police Officer on the scene • Medics (if necessary) • Investigator(s) • Medical Examiner or Representative (if necessary) • Photographer and/or Field Evidence Technician • Lab Experts pathologist serologist DNA expert toxicologist forensic odontologist forensic anthropologist forensic psychologist forensic entomologist firearm examiner bomb and arson expert document and handwriting experts fingerprint expert clandestine lab experts accident/crime reconstruction Kendall/Hunt Publishing Company

17. Scientific Method(as it pertains to forensic science) • O__________:a problem or questioned evidence and collect objective data. • H___________:a possible solution. • E_____________: examine, test, and then analyze the evidence. • C____________:determine the significance of the evidence (theorize to explain observations based on impartial evaluation of the evidence) Kendall/Hunt Publishing Company

18. Hypothesis: Tape used by Arnold to bind Zelda • Experiments to test hypothesis:HairsFibersBloodSkinPrintsCross-transfer possiblePhysical matchTape analysis Kendall/Hunt Publishing Company

19. Complex Reasoning Skills Necessary to Work Through and Solve Crimes: • Deductive and Inductive Reasoning • Classifying • Comparing and Contrasting • Problem Solving • Analyzing Perspectives • Constructing Support • Error Analysis • Statistical Interpretation of Data Kendall/Hunt Publishing Company

20. Laws that Pertain to the U.S. Criminal Justice System • The U.S. Constitution • Statutory Law • Common Law or Case Law • Civil Law • Criminal Law • Equity Law • Administrative Law Kendall/Hunt Publishing Company

21. 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

22. 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

23. Miranda Rights 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

24. Types of Crimes • Infraction • Misdemeanor • Felony Kendall/Hunt Publishing Company

25. Federal Rules of Evidence In order for evidence to be admissible, it must be: • __________—actually prove something • __________—address an issue that is relevant to the particular crime Kendall/Hunt Publishing Company

26. ________________________________ 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. Admissibility of Evidence Kendall/Hunt Publishing Company

27. ________________________(Federal, but States follow) 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

28. The Judge is the Gate-Keeper who allows or blocks the presentation of evidence. Kendall/Hunt Publishing Company

29. 1993 Daubert v. Dow (Federal, but States follow) The Daubert ruling responded to the needs of a rapidly changing technological society… prevents unacceptable delays in acceptance of new technology (for example, DNA testing) Helps keep “junk science” out of the courtroom. Admissibility of Evidence Kendall/Hunt Publishing Company

30. http://www.fd.org/Publications/SpecTop/fingerprintlawreview.pdfhttp://www.fd.org/Publications/SpecTop/fingerprintlawreview.pdf Kendall/Hunt Publishing Company

31. Frye and Daubert and Fingerprints • Even though fingerprints have long been generally accepted (Frye)… • the points of the Daubert ruling had to be proven • Fingerprints Kendall/Hunt Publishing Company

32. 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

33. The Role of the Forensic Scientist • Use scientific analyses to help determine • ______ a crime was committed • ________it was committed • _______ was involved • _______________in a written report and ____________and interpretation as an expert witness in court Kendall/Hunt Publishing Company

34. The Role of the Forensic Scientist • Acts as an __________ advocate for the truth • Prepares a written report and provides appropriate opinion and interpretation • Serves as an expert witness in court who presents conclusions within the limits of scientific certainty • The scientist only _______________ the evidence… the judge or jury determines the significance of the evidence in determining guilt or innocence Kendall/Hunt Publishing Company

35. It all comes down toThe Big Question… Can you testify to your results with a reasonable degree of scientific certainty? Kendall/Hunt Publishing Company

36. “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 Kendall/Hunt Publishing Company