MR.BASILE Intro Forensic Science

What is Forensic Science?

Answer : Application of Science to help resolve matters of 1) Criminal Law 2) Civil Law Yes that is right….The Law! So you like Science…me too! But let’s start our journey into Forensic Science looking at the blending of the two disciplines. Let’s start with a bit of background in the Law!

Criminal Justice and the Law Different Types of Law * The Constitution - supreme body of laws * Statutory Law – “ law on the books ” – written law by Congress – based on the constitution *Common Law – decisions made by judges in courts – precedents are set *Civil Law – private law – deals with contracts and property – (preponderance of evidence) *Equity Law – remedial or preventative – an example is a protection from abuse – *Administrative Law – rules established by agencies – like the IRS or SSI * Criminal Law – public law – deals with offenses deemed offensive against society or individuals · Felony – a major crime such as rape, murder, armed robbery, serious assaults, dealing illegal drugs, auto theft, or forgery … penalties are normally 5 years to life in jail· Felony – a major crime such as rape, murder, armed robbery, serious assaults, dealing illegal drugs, auto theft, or forgery … penalties are normally 5 years to life in jail · Misdemeanor – minor crime such as theft, minor assault, battery, or possession of illegal drugs … penalties are normally less then one year in jail and a fine of $250 - $2500· Misdemeanor – minor crime such as theft, minor assault, battery, or possession of illegal drugs … penalties are normally less then one year in jail and a fine of $250 - $2500 Infractions – petty crime such as jay walking, littering or traffic violations … penalties are typically a small fine.Infractions – petty crime such as jay walking, littering or traffic violations … penalties are typically a small fine. Beyond a reasonable doubt and burden of proof rests with prosecutionBeyond a reasonable doubt and burden of proof rests with prosecution

Steps in Criminal Procedure to Pursue Justice These steps may vary slightly in different jurisdictions but here is a generic version of events.

Steps in Criminal Procedure to Pursue Justice These steps may vary slightly in different jurisdictions but here is a generic version of events. 1.1) A Crime is committed! EEEE GADS! 2.2) The police investigate – information is collected 3.3) Crime scene is documented and searched for evidence (This is our job as a forensic Scientist) 4.4) A suspect may be identified 5.5) All information is put into a report 6.6) If there is enough evidence – an arrest warrant is issued

Steps in Criminal Procedure to Pursue Justice These steps may vary slightly in different jurisdictions but here is a generic version of events. 1.1) A Crime is committed! EEEE GADS! 2.2) The police investigate – information is collected 3.3) Crime scene is documented and searched for evidence (This is our job as a forensic Scientist) 4.4) A suspect may be identified 5.5) All information is put into a report 6.6) If there is enough evidence – an arrest warrant is issued 7.7) Suspect is arrested – the person is “booked” (define) and read their Miranda Rights (define pp. 12) 8.8) Person is brought in for arraignment (define) within 72 hours – person is informed of charges and pleas GUILTY, NOT GUILTY or NO CONTEST (define) 9.9) A person then goes to a preliminary hearing - if they plead GUILTY or NO CONTEST … they receive their sentence. If they plead NOT GUILTY … the judge or grand jury decides on if there is enough evidence for trial, sets bail and a court date.

Steps in Criminal Procedure to Pursue Justice These steps may vary slightly in different jurisdictions but here is a generic version of events. 1.1) A Crime is committed! EEEE GADS! 2.2) The police investigate – information is collected 3.3) Crime scene is documented and searched for evidence (This is our job as a forensic Scientist) 4.4) A suspect may be identified 5.5) All information is put into a report 6.6) If there is enough evidence – an arrest warrant is issued 7.7) Suspect is arrested – the person is “booked” (define) and read their Miranda Rights (define) 8.8) Person is brought in for arraignment (define) within 72 hours – person is informed of charges and pleas GUILTY, NOT GUILTY or NO CONTEST (define) 9.9) A person then goes to a preliminary hearing - if they plead GUILTY or NO CONTEST … they receive their sentence. If they plead NOT GUILTY … the judge or grand jury decides on if there is enough evidence for trial, sets bail and a court date. ** Plea bargaining (define) can occur at many places in this process – 90% of cases are plea bargained

Steps in Criminal Procedure to Pursue Justice These steps may vary slightly in different jurisdictions but here is a generic version of events. 1.1) A Crime is committed! EEEE GADS! 2.2) The police investigate – information is collected 3.3) Crime scene is documented and searched for evidence (This is our job as a forensic Scientist) 4.4) A suspect may be identified 5.5) All information is put into a report 6.6) If there is enough evidence and probable cause– an arrest warrant is issued 7.7) Suspect is arrested – the person is “booked” (define) and read their Miranda Rights (define) 8.8) Person is brought in for arraignment (define) within 72 hours – person is informed of charges and pleas GUILTY, NOT GUILTY or NO CONTEST (define) 9.9) A person then goes to a preliminary hearing - if they plead GUILTY or NO CONTEST … they receive their sentence. If they plead NOT GUILTY … the judge or grand jury decides on if there is enough evidence for trial, sets bail and a court date. ** Plea bargaining (define) can occur at many places in this process – 90% of cases are plea bargained __________________________________________________________________________________________________________ Look these terms up in your textbook now… pp. 12 booked – Miranda Rights - arraignment – NO CONTEST – Plea Bargaining – Probable cause -

Federal Rules of Evidence These rules govern what evidence is admissible and how it can be used in court.

Federal Rules of Evidence These rules govern what evidence is admissible and how it can be used in court. The evidence must be : probative – it must prove something material – it must be relevant and significant to the crime *** hearsay is not admissible – it is what others have said being restated by someone…Gossip!!!!

Federal Rules of Evidence These rules govern what evidence is admissible and how it can be used in court. The evidence must be : probative – it must prove something material – it must be relevant and significant to the crime *** hearsay is not admissible – it is what others have said being restated by someone…Gossip!!!! Scientific Evidence Two legal decisions have influenced what scientific evidence is allowed in courts The Frye Standard – (1923) – the scientific evidence must be generally accepted as true by the community as a whole to be acceptable in the court of law. The Daubert Ruling – (1993) - scientific evidence is getting to complex so guidelines were offered: ~The scientific theory must be testable ~Other experts must be able to review the theory to be sure it is valid ~The rate of error must be given (percentage error) ~The technique must follow standards ~The court must decide whether the theory has widespread acceptance inside a specific scientific community

Forensic Labs (Crime Labs) Forensic Scientists use crime labs to evaluate evidence

Forensic Labs (Crime Labs) Forensic Scientists use crime labs to evaluate evidence Forensic Scientists come from very diverse backgrounds…not just science or law enforcement They are broken into different departments such as… Physical Science labs – examine drugs soil, glass, paint, blood spatter patterns, trace evidence Ballistics lab -examine tool marks, weapons, firearms and bullets Document Examination lab – examines handwriting, typewriting, word processing, computer applications, paper and ink Biological Lab -examine body fluids, DNA, blood factors, hair, fibers, and plant life

Forensic Labs (Crime Labs) Forensic Scientists use crime labs to evaluate evidence They are broken into different departments such as… Physical Science labs – examine drugs soil, glass, paint, blood spatter patterns, trace evidence Ballistics lab -examine tool marks, weapons, firearms and bullets Document Examination lab – examines handwriting, typewriting, word processing, computer applications, paper and ink Biological Lab -examine body fluids, DNA, blood factors, hair, fibers, and plant life Photography Unit Toxicology unit Fingerprint unit Polygraphs unit Arson unit Bigger labs have

Forensic Labs (Crime Labs) Forensic Scientists use crime labs to evaluate evidence ~ found at the federal, state and local levels ~ most labs within a state are used for regions within state ~ larger cities have their own labs (examples New York, Los Angelos) Interesting facts ~ FBI is the largest crime lab in the world ~ Drug Enforcement Agency (DEA) runs a lab for Dept of Justice ~ Bureau of Alcohol,Tobacco, and Firearms (ATF) runs a lab for Dept of Treasury ~ US Postal Service runs a lab handling crimes in the mail ~ US Fish and Wildlife runs a crime lab

Methodology of the Forensic Scientist A fundamental principle of every crime scene studied is… Locard’s Principle “Whenever two objects come into contact, there is always transfer of material.” The methods of detection may not be sensitive enough to demonstrate this, or the decay rate may be so rapid that all evidence of transfer had vanished after a given time. Nonetheless, the transfer has taken place.

Methodology of the Forensic Scientist And of course the is how we examine the evidence using the …

Methodology of the Forensic Scientist And of course the is how we examine the evidence using the … Scientific Method observe the problem collect data and evidence consider a hypothesis or solution to solving the problem Examine, test, and analyze the evidence to refute or support the hypothesis Use deductive reasoning to determine the significance of the evidence Evaluate and verify evidence…All possible errors must be stated because someone’s life or liberty is in your hands.

Chapter 2 – Types of Evidence

Two main types of Evidence Testimonial Evidence – a statement made under oath, such as eyewitness testimony. Physical Evidence – an object or material that is relevant to a crime (tangible, large or small)

Chapter 2 – Types of Evidence Two main types of Evidence Testimonial Evidence – a statement made under oath, such as eyewitness testimony. Physical Evidence – an object or material that is relevant to a crime (tangible, large or small) Take a moment to read pp in the book Complete a KWL (3 items)– 10 minutes to do this

Interesting Facts… Jury’s are heavily influenced by eyewitness accounts Testimonial Evidence

Interesting Facts… Jury’s are heavily influenced by eyewitness accounts Most known cases of an innocent person going to jail is because of mistaken eyewitness identification Testimonial Evidence

Factors that influence: Reliability of the Eyewitness

Factors that influence:  The type of crime it is and how it was seen by the witness Serious crime? Weapon involved? Is the witness physically similar to the suspect? Was it a stressful situation Reliability of the Eyewitness

Factors that influence:  The type of crime it is and how it was seen by the witness Serious crime? Weapon involved? Is the witness physically similar to the suspect? Was it a stressful situation  Characteristics of the witness Adult vs. children? Alcohol, drug involvement? Poor eyesight or hearing? Head injury? Reliability of the Eyewitness

Factors that influence:  The type of crime it is and how it was seen by the witness Serious crime? Weapon involved? Is the witness physically similar to the suspect? Was it a stressful situation  Characteristics of the witness Adult vs. children? Alcohol, drug involvement? Poor eyesight or hearing? Head injury?  Manner in which the information is retrieved Interviewing techniques used? Open ended questions…not leading questions Reliability of the Eyewitness

Factors that influence:  The type of crime it is and how it was seen by the witness Serious crime? Weapon involved? Is the witness physically similar to the suspect? Was it a stressful situation  Characteristics of the witness Adult vs. children? Alcohol, drug involvement? Poor eyesight or hearing? Head injury?  Manner in which the information is retrieved Interviewing techniques used? Open ended questions…not leading questions  Witness’s prior relationship with the accused Does the witness know the suspect? Reliability of the Eyewitness

Factors that influence:  The type of crime it is and how it was seen by the witness Serious crime? Weapon involved? Is the witness physically similar to the suspect? Was it a stressful situation  Characteristics of the witness Adult vs. children? Alcohol, drug involvement? Poor eyesight or hearing? Head injury?  Manner in which the information is retrieved Interviewing techniques used? Open ended questions…not leading questions  Witness’s prior relationship with the accused Does the witness know the suspect?  Length of time between the offense and the identification How long has it been since the crime? Reliability of the Eyewitness

A police composite may be developed from the eyewitness testimony by a computer program or forensic artist. But the bottom line in eyewitness testimony is…. “Perception is reality.” “Perception is reality.” And as a result of the influences in eyewitness memory… physical evidence becomes critical! physical evidence becomes critical!

Value of Physical Evidence Physical Evidence - object or material that is relevant to a crime (tangible, large or small)

Value of Physical Evidence  Generally more reliable than testimonial remember our eyewitness testimonies in class and no 5th amendment rights Physical Evidence - object or material that is relevant to a crime (tangible, large or small)

Value of Physical Evidence  Generally more reliable than testimonial remember our eyewitness testimonies in class and no 5th amendment rights  Can prove that a crime has been committed example - gasoline at a scene of an arson Physical Evidence - object or material that is relevant to a crime (tangible, large or small)

Value of Physical Evidence  Generally more reliable than testimonial remember our eyewitness testimonies in class and no 5th amendment rights  Can prove that a crime has been committed example - gasoline at a scene of an arson  Can corroborate (support) or refute testimony can test blood stain to prove the suspects claim it is his own not the victims Physical Evidence - object or material that is relevant to a crime (tangible, large or small)

Value of Physical Evidence  Generally more reliable than testimonial remember our eyewitness testimonies in class and no 5th amendment rights  Can prove that a crime has been committed example - gasoline at a scene of an arson  Can corroborate (support) or refute testimony can test blood stain to prove the suspects claim it is his own not the victims  Can link a suspect with a victim or with a crime scene a broken piece of glass found on suspect that matches the headlight of a hit and run Physical Evidence - object or material that is relevant to a crime (tangible, large or small)

Value of Physical Evidence  Generally more reliable than testimonial remember our eyewitness testimonies in class and no 5th amendment rights  Can prove that a crime has been committed example - gasoline at a scene of an arson  Can corroborate (support) or refute testimony can test blood stain to prove the suspects claim it is his own not the victims  Can link a suspect with a victim or with a crime scene a broken piece of glass found on suspect that matches the headlight of a hit and run  Can establish the identity of persons associated with a crime fingerprints, DNA, handwriting at the crime scene Physical Evidence - object or material that is relevant to a crime (tangible, large or small)

Value of Physical Evidence  Generally more reliable than testimonial remember our eyewitness testimonies in class and no 5th amendment rights  Can prove that a crime has been committed example - gasoline at a scene of an arson  Can corroborate (support) or refute testimony can test blood stain to prove the suspects claim it is his own not the victims  Can link a suspect with a victim or with a crime scene a broken piece of glass found on suspect that matches the headlight of a hit and run  Can establish the identity of persons associated with a crime fingerprints, DNA, handwriting at the crime scene  Can allow reconstruction of events of a crime what happened, sequence of events Physical Evidence - object or material that is relevant to a crime (tangible, large or small)

Value of Physical Evidence  Generally more reliable than testimonial remember our eyewitness testimonies in class and no 5th amendment rights  Can prove that a crime has been committed example - gasoline at a scene of an arson  Can corroborate (support) or refute testimony can test blood stain to prove the suspects claim it is his own not the victims  Can link a suspect with a victim or with a crime scene a broken piece of glass found on suspect that matches the headlight of a hit and run  Can establish the identity of persons associated with a crime fingerprints, DNA, handwriting at the crime scene  Can allow reconstruction of events of a crime what happened, sequence of events  Provide a powerful interrogation tool police can ask better questions knowing specific information Physical Evidence - object or material that is relevant to a crime (tangible, large or small)

Value of Physical Evidence Physical Evidence - object or material that is relevant to a crime (tangible, large or small) Important point!!!! You hear people classically say “Oh their case is based on purely circumstantial evidence. “ Implying it is not good evidence for the case. Physical evidence is circumstantial evidence! They are the same thing…circumstantial evidence is physical evidence that implies a fact. For physical evidence to be useful it has to imply a fact…otherwise it is useless

Collecting Physical Evidence The main goal of the forensic science team is …

Collecting Physical Evidence The main goal of the forensic science team is … to link the victim, suspect, and crime scene with evidence. Victim Suspect Crime Scene

Collecting Physical Evidence The main goal of the forensic science team is … to link the victim, suspect, and crime scene with evidence. Victim Suspect Crime Scene

Collecting Physical Evidence The main goal of the forensic science team is … to link the victim, suspect, and crime scene with evidence. The Forensic Team Coroner or Medical Examiner Law enforcement officials Forensic scientists Crime Scene Investigators Lab technicians Victim Suspect Crime Scene

Class Evidence vs. Individual Evidence

Class Evidence – common to a group of objects or persons

Class Evidence vs. Individual Evidence Class Evidence – common to a group of objects or persons These fibers are class evidence—there are millions like them.

Class Evidence vs. Individual Evidence Class Evidence – common to a group of objects or persons Individual Evidence – can be identified with a particular person or a single source These fibers are class evidence—there are millions like them.

Class Evidence vs. Individual Evidence Class Evidence – common to a group of objects or persons Individual Evidence – can be identified with a particular person or a single source These fibers are class evidence—there are millions like them. The large piece of glass fits to the bottle—it is individual evidence