Guilty or Not Guilty

1. Guilty or Not Guilty

2. Bill of Rights • What are they designed to do? • What are they? • 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 for 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

3. Miranda Rights • What are your Miranda Rights? • 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. • How did these come about? • 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.

4. Types of Crimes • Infraction (tickets) • Jaywalking, speeding, barking dog, a dog running loose off its owner’s property, dog injuring a human or another pet. • No Jail time (unless the ticket isn’t paid) • Not all are considered a crime. • Misdemeanor • Simple assault, disorderly conduct, 1st time DUI, prostitution, indecent exposure, vandalism, trespassing, theft, domestic violence, etc. • Felony • Rape, murder, assault, robbery, DUI (if someone is hurt/killed), kidnapping, manslaughter, domestic violence, arson, burglary, theft, fraud, vandalism of Federal property, etc..

5. Admissability • In order to be admissible • Probative • Actually prove something • Material • Address relevant issues to a particular crime scene

6. Proving Guilt • Means • The person had the ability to commit the crime • Motive • The person had a reason to commit the crime • Not necessary to prove in a court of law • Opportunity • The person can be placed at the scene of the crime…no alibi

7. Searches • Two types of legal searches • Search Warrant • Judges signature • Warrantless Search • Existence of exigent circumstances • Fresh pursuit • Life and limb (danger of physical Harm to officer/others), destruction of evidence, driving while intoxicated, hot pursuit situations and individuals requiring rescue • Does not include homicide scenes where urgency has already passed. • A need to prevent immediate loss or destruction of ev. • Suspect is locked in bathroom with ev., evidence is inside location threatened with destruction (fire, flood, theft), crowd control issues could justify warrantless search

8. Warrantless Search Cont. • Plain view/plain touch (pat down) • If you have the right to be someplace, you have the right to look around. • Items can be collected and can be used to obtain a warrant later. • A search of a person or property within immediate control of the person, incident to a lawful arrest • Inventory searches • Any search of a suspect/property incident to a lawful arrest • Searches for officer’s safety (pat down/frisk) • Abandoned property/property open to the public • A search made by consent of involved and present parties

9. Warrantless Search Cont. • What makes a search illegal? • What about renters? • What about hotel rooms? • Only with consent • Consent can be withdrawn at ANY time! • Remove owner if possible so they won’t stop the search

10. Types of Evidence • Associative Evidence • Originates by contact between people and objects • Can provide links between evidence and individuals to a crime. • Examples • latent fingerprints left on an object • fibers left from contact o clothing with objects • blood from physical injury • semen from sexual assault • saliva from spitting • cigarettes or envelopes • hair shed at a scene • paint transferred during a burglary or auto accident • glass transferred during a burglary or from a bottle used as a weapon • soil from a scene • impressions from tools • footwear or tires.

11. Types of Evidence Cont • Transfer Evidence • Any evidential substance or particle such as blood, fluids, hairs, fibers, paint, and skin that is exchanged between an assailant and the victim or the scene of the crime. • Criminal to victim or victim to criminal • Examples • Glass fragments • food left behind • hairs/fibers from criminal/victim/car • material under fingernails • blood on car from hit and run, etc.

12. Types of Evidence Cont • Chemical Evidence • unknown chemical substances collected from crime scenes. • Examples • Dye packs from bank robberies • Pharmaceutical identification • Dyes and inks • Flammable fluids • Petroleum products • Gunshot residue analysis • Urine testing for employment/suspect evaluation • Human performance testing which include blood and breathalyzer testing of athletes/suspects • Post-mortem analysis to determine if medications or other ingested/inhaled/injected substances contributed to cause of death

13. Types of Evidence Cont • Transient Evidence • elements of physical evidence that might be expected to degrade/disappear within a particular time frame or degrade as time goes on. • Examples • Witness recollection • Condition/appearance of a bloodstain • Evidence of blood alcohol level • Drug intoxication • Odors of decomposition (could indicate movement of body)

14. Transient Evidence Cont. • Rig0r mortis • begins to manifest after about 3 hours after death, and lasts about 72 hours • Algor mortis • The reduction in internal temperature after death • Helps determine time of death

15. Transient Evidence Cont. • Liver mortis • the purplish pooling of blood within the body after the heart has stopped beating • Investigators may use it to determine if a body has been moved or repositioned after death • Livor mortis starts 20 minutes to 3 hours after death and is congealed in the capillaries in 4 to 5 hours. Maximum lividity occurs within 6-12 hours.

16. Categories of Evidence • Testimonial /Direct Evidence • statements or the spoken word from the victim(s) or witness(es). • confessions • More subjective in nature • Perception and memory of witness(es) victim(s) can be inaccurate

17. Types of Evidence Continued • Physical/circumstantial evidence— • also referred to as real evidence (fibers, paint chips, glass, soil and vegetation, accelerants, fingerprints, hair, impression evidence (shoe prints, tire tracks, or tool marks), etc. • Categories of Physical evidence • Biological evidence (blood, semen or saliva) • Drug Evidence- narcotics • Trace Evidence- evidence so small it may not be readily apparent but is still found in a sufficient quantity to be measured. May need microscope, or UV light to find evidence. (minute soil sample on shoes, minute blood on a knife, etc.) • Other Evidence- scene reconstruction, toxicology reports, bullet trajectories, blood spatter patterns, police/witness interviews. • Physical evidence can corroborate statements from the victim(s), witness(es) and/or suspect(s).

18. Physical Evidence Continued • If analyzed properly, it can sometimes be more reliable than witness testimonies. • Objective and when documented, collected and preserved properly may be the only way to reliably place or link someone with a crime scene. • Physical evidence is therefore often referred to as the "silent witness."

19. Types of Crime Scenes • Outdoor • most vulnerable to loss, contamination and deleterious change of physical evidence in a relatively short period of time. • Individuals with access to the scene can potentially alter, destroy or contaminate evidence. Greatest risk is when the scene is not secured properly. • Destruction/deterioration of evidence due to environmental conditions (heat, cold, rain, snow, wind) can be problematic. • Nighttime crimes are especially problematic. Even if there is a light source, lack of sunlight can lead to investigators inadvertently destroying evidence. Scenes should be preserved and secured until daylight if possible.

20. Indoor Scenes • less susceptible to loss, contamination and deleterious change and easier to secure (shutting doors) • Contamination can still occur if crime scene is not limited to the amount of people let into the scene, however this is the case with any crime scene.

21. Conveyance Scenes • Conveyance is defined as "something that serves as a means of transportation." • Vehicle burglary, grand theft, car jacking, narcotics violation, sexual battery, homicide, etc) • Important that the csi recognize that physical evidence recovered from these scenes may extend well beyond the conveyance itself. • Shoe impressions leading away or beside car, items dropped by perpetrator, cigarette butts, etc. • May be transferred to the lab for processing in order to preserve the conveyance.