Introduction to Forensic Science & to the Law CHAPTER 1

Forensic Science  It is the study and application of science to matters of law (criminal and civil)  Includes the business of providing timely, accurate, and thorough information to all levels of decision makers in our criminal justice system  Also called criminalistics

Criminalists vs Criminologists  A criminalist examines physical evidence for legal purposes  Criminologists study the crime scene for motive, traits, and behavior as to help interpret the evidence  They learn to think like criminals

Forensic Scientists  Applies 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  May also provide expert court testimony  Known as an expert witness  Individual whom the court determines possesses knowledge relevant to the trial

Laws that Pertain to the US Criminal Justice System  The US Constitution  Statutory Law  Common Law or Case Law  Civil Law  Criminal Law  Equity Law  Administrative Law

US Constitution  Supreme body of laws that governs our country  Overrules the constitutions of individual states

Statutory Laws  Are written laws as enacted by a government body such as Congress  Are based on the Constitution

Common Law  Law crafted by judges when they decide cases  Also referred as “case law” and this is in contrast to law established by legislation

Civil Law  Also known as private law  Deals with relationships between individuals involving properties or contracts  Regulates noncriminal relationships between individuals, businesses, agency of government, and other organizations  Includes contracts, marriages, divorces, wills, property transfers, negligence, and products manufactured with hidden hazards  More concerned with assigning blame than intent

Criminal Law  Also known as public law  Deals with regulation and enforcement of rights  Concerned with offenses against an individual that are deemed offensive to society  Cases tried are always the person vs the state  Those laws that are broken fall into 1 of 2 main categories  Misdemeanor- is a minor crime such as theft, minor assault and battery, or possession of small amounts of illegal drugs  Felony- is a major crime such as murder, rape, armed robbery, serious assaults, dealing in illegal drugs, fraud, auto theft, or forgery

Equity Law  Remedial or preventive law  Are for cases not covered by common law  Restraining orders  Injunctions

Administrative Law  Laws established by governmental agencies such as the IRS, Social Security Administration, or the military

The Bill of Rights  The right to be presumed innocent until proven guilty  The right not to be searched unreasonably, either on one’s person or in one’s home  The right not to be arrested without probable cause  The right against unreasonable seizure of personal property  The right against self-incrimination  The right to fair questioning by police

The Bill of Rights  The right to protection from physical harm throughout the justice process  The right to an attorney  The right to trial by jury  The right to know any charges against oneself  The right to cross examine prosecution witnesses  The right to speak and present witnesses

The Bill of Rights  The right not to be tried again for the same crime  The right against cruel and unusual punishment  The right to due process  The right to a speedy trial  The right against excessive bail  The right against excessive fines  The right to be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes

Types of Crimes  Any time a law has broken, a violation has occurred. Violations can be minor or major crimes. Crimes are classified as:  3 types  Infractions  Misdemeanors  Felonies

Infractions  Minor offense or petty crime  Is less serious than a misdemeanor  Examples include  Jaywalking  Traffic violations  Littering  Penalty is usually a fine

Misdemeanors  Cases are tried in court  Punishable by no more than 1 year in jail  Examples include  A first offense of drunk driving, vandalism, shoplifting, simple assaults, trespassing, or prostitutions  Fines range from less than $250 to $2500  Community service is also part of the sentence sometimes

Felonies  Cases are tried in court  Punishable from 5 years to life  Some states offer death penalty  Examples include  Arson, aggravated assault, burglary, robbery, homicide, and rape  Fines may be up to $100,000  Probation may also be determined

The Miranda Rights  Miranda v. Arizona (1966)  Before a law enforcement officer may question a suspect regarding the possible commission of a crime, he or she must inform the detainee about his or her Miranda rights, making sure the detainee understands them

The Miranda Rights  Rights Guaranteed by the constitution  You have the right to remain silent and refuse to answer questions  Anything you do or say may be used against you in the court of law  You have the right to consult an attorney before speaking to the police and to have your attorney present during questioning now or in the future  If you cannot afford an attorney, one will be appointed for you before any questioning if you wish  If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney

Steps in Pursuing Justice  If a crime is committed these are the steps to take while pursuing justice  Police investigate what happened  Information is collected  Crime scene is documented and searched for evidence  All info is assembled into a report and sent to DA  Investigation continues until probable cause is established  An arrest warrant is issued for the suspect  The suspect is arrested  Individual is booked, fingerprinted, photographed and informed about his/her rights

Steps in Pursuing Justice  Person is brought before a magistrate judge who informs the individual of the charges, his/her rights, and bail  The person may also enter a plea of guilty, not guilty, not guilty by reason of insanity, double jeopardy (been tried for same crime in same court), or nolo contendere (no contest)  If a plea of guilty is entered, the person is brought before a preliminary or evidentiary hearing (no jury present)  Most states use a grand jury  Will determine if there is enough evidence to bring the accused to a formal trial  The prosecutor presents evidence and the grand jury (16-23 citizens) decide the fate of the accused  If the grand jury decides there is enough evidence, a trial date will be set

Nolo Contendere (no contest) - Example A no contest plea -- known often by its Latin name "nolo contendere", has the same legal effect as a guilty plea. If you plead no contest to a criminal charge, you will have a conviction on your record, just as though you had pleaded guilty or been convicted after a trial. The advantage of a no contest plea compared to a guilty plea is that a no contest plea cannot be offered into evidence in a civil case. Let's say that your alleged reckless driving damaged a storefront. The owner of the store might file a civil complaint against you seeking to obtain a money judgment for the damage you caused to the building. If you plead guilty in the criminal case, the building owner can offer that plea into evidence in the civil case to prove you are responsible for the damage. But if you plead no contest, the owner cannot offer that plea into evidence in the civil case. This is the main reason for pleading no contest rather than guilty.

Steps in Pursuing Justice  If a plea of not guilty by reason of insanity is entered, the defendant will have to prove, by “clear and convincing evidence,” that “at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or wrongfulness of his acts”  Crimes must show intent- the insanity plea removes intent

Steps in Pursuing Justice  Sometimes, the DA will plea bargain with the accused  The defendant works out a deal with the DA  May reduce jail time

Steps in Pursuing Justice 1. Crime is committed 2. Discovery 3. Investigation 4. Probable Cause 5. Booking 6. Fingerprinting 7. Arrest 8. Arraignment 9. Bail 10. Preliminary Hearing 11. Indicted

Federal Rules of Evidence  Probative  In evidence law, tending to prove something  Material  In evidence law, relevant and significant.  Hearsay  Testimony given by a witness who relates not what he or she heard, saw, or knew personally, but what others have said  Is not admissible in the court of law

Admissibility of Evidence  1923 Frye v. US  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

Facets of Guilt  Try to prove  Means- person had the ability to do the crime  Motive- person had a reason to do the crime  Does not have to be proved in a court of law  Opportunity- person can be placed at the crime

Crime Laboratories  Majority of crime labs are public  Provide services for police, prosecutors, and other law enforcement agencies  Three major labs: FBI- The Federal Bureau of Investigation DEA- The Drug Enforcement Agency ATF- The Bureau of Alcohol, Tobacco, and Firearms

Divisions and functions of Crime Lab  Physical Science Unit: Examine drugs, soil, glass, blood spatter patterns etc.  Firearm Unit: Examine tools, weapons, firearms and bullets  Document Analysis Unit: Examine handwriting, typewriting, word processing, paper and ink  Biology Unit: Analyze body fluids, DNA, blood factors, hair, fibers etc.

Other disciplines related with Forensic Science  Odontology: Examination of dental marks  Pathology: Investigation of sudden, unexplained, or violent death  Entomology: The study of insects  Palynology: The study of pollens and spores  Polygraphy: The use of a lie detector

Scientific Method  Observe a problem or questioned evidence and collect objective data.  Consider a hypothesis or possible solutions.  Examine, test, and then analyze the evidence.  Determine the significance of the evidence.  Formulate a theory based on evaluation of the significance of the evidence.

Edmond Locard  “ Father of the Crime Lab”  In 1910, he started the 1st crime lab in an attic of a police station.  With few tools, he quickly became known world-wide to forensic scientists & criminal investigators & eventually founded the Institute of Criminalistics in France.  His most important contribution was the “Locard’s Exchange Principle”

Locard’s Exchange Principle  “ Every Contact Leaves a Trace.”  He believed that every criminal can be connected to a crime by particles carried from the crime scene.  When a criminal comes in contact with an object or person, a cross-transfer of evidence occurs.

Locard’s Exchange Principle  Paul L. Kirk in his 1953 book, Crime investigation: physical evidence and the police laboratory, explained Locard's theory of exchange: “Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as a silent witness against him. Not only his fingerprints or his footprints, but his hair, the fibers from his clothes, the glass he breaks, the tool mark he leaves, the paint he scratches, the blood or semen he deposits or collects. All of these and more, bear mute witness against him. This is evidence that does not forget. It is not confused by the excitement of the moment. It is not absent because human witnesses are. It is factual evidence. Physical evidence cannot be wrong, it cannot perjure itself, it cannot be wholly absent. Only human failure to find it, study and understand it, can diminish its value."