1 / 25

Intro to Forensic Science

Intro to Forensic Science. What is Forensic Science?. The study and application of science to matters of law “ Forensis ” meaning forum Public place where, in Roman times, senators and others debated and held judicial proceedings. Criminalistics vs. Criminology.

ting
Download Presentation

Intro to Forensic Science

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Intro to Forensic Science

  2. What is Forensic Science? • The study and application of science to matters of law • “Forensis” meaning forum • Public place where, in Roman times, senators and others debated and held judicial proceedings

  3. Criminalistics vs. Criminology • Criminalistics – the scientific examination of physical evidence for legal purposes • Criminology – includes the psychological angle, studying the crime scene for motive, traits, and behavior that will help too interpret the evidence

  4. The Crime Lab • Physical Science Unit • Chemistry • Physics • Geology • Biology Unit • Firearms Unit • Document Examination Unit • Photography • Toxicology and Drug Analysis Unit • Fingerprint Unit

  5. Physical Science Unit • Examines things like: • Soil • Glass • Paint • Blood spatter patterns • Fibers • Uses the sciences of: • Chemistry • Physics • Geology

  6. Biology Unit • Examines things like: • Body fluids • DNA • Blood factors • Hair • Plant matter • Uses the sciences of: • Biology • Biochemistry • Microbiology

  7. Firearms Unit • Examines things like: • Bullets and shell casings • Weapons • Tool marks

  8. Document Analysis Unit • Examines things like: • Handwriting • Typewriting • Word processing and computer applications • Paper • Ink

  9. Major Crime Labs • May also have units for: • Arson analysis • Polygraphs • Evidence collection • Forensic Odontology • Forensic Entomology • Digital Forensics

  10. History of Forensic Science • Historical Timeline Activity • Get assigned topic • Research your topic tonight. The question is what was your person/thing’s major contribution to, or role in, the development of forensic science? • Tomorrow – team up and create mini posters to complete the timeline NOTE: Bring markers/colored pencils tomorrow!

  11. Criminal Justice and the Law • US Constitution – Supreme law of the land; trumps all other laws • Statutory – written (”codified”) law enacted by a governmental body empowered to make laws (ie. Congress); based on Constitution • Common Law or Case Law – law made by judges applying the statutory and constitutional law to the facts of each case • Civil Law – involves relationships between people involving things like property and contracts • Criminal Law – deals with the regulation and enforcement of rights • Equity Law – deals with remedial or preventive measures like restraining orders and injunctions • Administrative Law – rules established by agencies such as the IRS

  12. The Bill of Rights – Gives individuals the right... • To be presumed innocent unless 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 the police • To protection from physical harm throughout the judicial 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 excessesive fines • To be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes

  13. Jurisdiction • Federal • State • Local • Criminal Court • Civil Court

  14. Judicial Process • Crime is committed • Evidence is collected and a suspect may be identified • Investigation is conducted and given to District Attorney • If there is enough evidence for probable cause, an arrest warrant is issued • Probable cause – a reasonable person would look at the evidence and conclude that a crime ahs been committed and that the defendant did it • Suspect arrested, fingerprinted, photographed and read Miranda rights

  15. 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.

  16. Process Continued • For felonies, a grand jury issues an indictment • Indictment – formal charges • Defendant is arraigned • Arraignment – the first act in a criminal proceeding when a defendant is brought before a judge to hear charges and enter a plea • Discovery takes place • Discovery – the results of the State’s investigation are given to the defendant in order to prepare for trial • Trial • Sentencing (if appropriate) • Appeals

  17. Standard 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 questioning. If you cannot afford an attorney, one will be appointed for you at the government’s expense.

  18. Guilt • District Attorney tries to prove that the defendant had the • Means – the ability to commit the crime • Motive – a reason to commit the crime (not required to convict) • Opportunity – the person can be placed at the scene of the crime

  19. Types of Crimes • Infraction • Minor matter like a noise violation • Misdemeanor • In NC, a crime for which the max penalty is 1 year in jail • 3 classes of misdemeanors: • Class 3 – Possession of <1/2 oz marijuana • Class 2 – trespassing • Class 1 – DWI • Class A1 – Assault on a Female • Felonies

  20. Felonies • Levels from Class A (ie. premeditated murder) to Class I – Possession of >1/2 oz marijuana • Sentences from 6 months to the death penalty • Forensics involved

  21. Federal Rules of Evidence • In order for evidence to be admissible in court, it must be: • Probative – actually prove a material fact in the case • Material – address an issue that is relevant to the particular crime

  22. Admissibility of Evidence Frye v. United States (1923) Daubert v. Dow (1993) Admissibility is determined by If theory is unique or can be tested If science has been offered for peer review If rate of error is acceptable If the method at issue enjoys widespread acceptance If the opinion is relevant to the issue Judge decides if the evidence can be used • Admissibility is determined by • Generally accepted by the relevant scientific community • No guidance on reliability • Jury decides if it can be used

  23. Types of Evidence “You can learn a lot by just watching.” -Yogi Berra, former NY Yankees catcher and sage

  24. Types of Evidence Two general type: • Testimonial – a statement made under oath • Direct or prima facie evidence • Physical – any object or material that is relevant in a rime • Indirect evidence • Examples: hair, fiber, fingerprints, documents, blood, soil, drug, took marks, impressions, glass, etc…

  25. Testimonial evidence Testimonial Evidence PPT

More Related