Research and explain basic concepts of forensic science UNIT 2 Mr. Stowers Criminal Justice Forensic Science

What is Forensic Science? …the application of science to those criminal and civil laws that are enforced by police agencies in a criminal justice system.

Forensic Science is… Applied Science Often called “criminalistics”

Forensic Science applies } Chemistry Biology Physics Geology Places physical evidence into a professional discipline. to civil and criminal law

The development of Forensic Science

Sir Arthur Conan Doyle Popularized physical detection methods in a crime scene Developed the character Sherlock Holmes

Sir Arthur Conan Doyle 1887 published first novel, A Study in Scarlet "I've found it! I've found it," he shouted to my companion, running towards us with a test-tube in his hand. "I have found a re-agent which is precipitated by haemoglobin, and by nothing else . . . . Why, man, it is the most practical medico-legal discovery for years. Don't you see that it gives us an infallible test for blood stains? . . . . The old guaiacum test was very clumsy and uncertain. So is the microscopic examination for blood corpuscles. The latter is valueless if the stains are a few hours old. Now, this appears to act as well whether the blood is old or new. Had this test been invented, there are hundreds of men now walking the earth who would long ago have paid the penalty of their crimes. . . . Criminal cases are continually hinging upon that one point. A man is suspected of a crime months perhaps after it has been committed. His linen or clothes are examined and brownish stains discovered upon them. Are they blood stains, or mud stains, or rust stains, or fruit stains, or what are they? That is a question which has puzzled many an expert, and why? Because there was no reliable test. Now we have the Sherlock Holmes's test, and there will no longer be any difficulty." → had a considerable influence on popularizing scientific crime-detection methods

Mathieu Orfila (1787 – 1853) Father of Forensic Toxicology 1814 - Treatise on detection of poisons & their effects on animals.

Alphonse Bertillon (1853 – 1914) Father of Criminal Detection Devised the first scientific system of personal identification, using body measurements known as anthropometry in 1879.

Francis Galton (1822 – 1911) Conducted the first definitive study of fingerprints and their classification. 1892 – Treatise entitled Finger Prints

Leone Lattes (1887 – 1954) Devised a simple procedure for determining the blood type (A,B,O,AB) of a dried bloodstain

Calvin Goddard (1891 – 1955) Used a comparison microscope to determine if a bullet was fired from a specific gun Published study of “tool marks” on bullets

Albert S. Osborn (1858 – 1946) Developed fundamental principles of document examination 1910 – Treatise Questioned Documents Was responsible for the acceptance of documents as scientific evidence by the courts

Edmond Locard (1877 – 1966) Demonstrated how the principles developed by Hans Gross could be incorporated into a workable crime lab. Locard's exchange principle states that once contact is made between two surfaces a transfer of material(s) will occur.

What Is Scientific Evidence? Scientific evidence is most often presented in court by an expert witness testifying on expert opinions. It also includes expert testimony that goes beyond science. The scientific expert is frequently called upon to interpret results and draw conclusions about what results mean in the case being tried.

Functions of the Forensic Scientist Forensic Scientists rely primarily on scientific knowledge. However, only half the job is performed in the laboratory while the other half takes place in the courtroom. These functions fit into three categories:

1. Analyzing of Physical Evidence PHYSICAL EVIDENCE IS LESS LIKELY TO BE COMPROMISED OR TAINTED BY HUMAN EMOTIONS THAN EYEWITNESS ACCOUNTS FROM VICTIMS OR WITNESSES OR COERCED CONFESSIONS THE ANALYSIS OF PHYSICAL EVIDENCE INVOLVES ADHERENCE TO STRICT GUIDELINES, SYSTEMATIC COLLECTION, ORGANIZATION AND ANALYSIS OF INFORMATION (THE SCIENTIFIC METHOD) AN UNDERSTANDING OF THE ADMISSIBILITY OF EVIDENCE IS IMPORTANT.

2. Providing Expert Testimony Forensic Scientist are called on to evaluate evidence when the court lacks the expertise to do so Must establish competency by citing educational degrees, number of years of occupational experience membership in professional societies, special courses taken and any professional articles or books published. Cross-examination may reveal weaknesses in background and knowledge Demeanor and ability to explain scientific data clearly and logically to a judge and jury of non-scientists Must be an advocate of truth and not take a side

3. Providing Training Evidence must be properly recognized, collected and preserved if it is to have value. Many, but not all crime laboratories keep trained “evidence technicians”. Sometimes a patrol officer or detective collects the evidence. All officers engaged in fieldwork must be familiar with evidence collection. These people are trained by laboratory staff through extensive personal contact, lectures, laboratory tours and/or dissemination of manuals.

Admissibility of Scientific Evidence How does the court decide whether or not to accept scientific evidence? The judge and jury are typically not scientifically trained. Several court cases illustrate the steps in the development of admissibility.

Frye vs. United States (1923) Scientific validity of polygraph is rejected Court ruled that in order to be admitted as evidence in trial the questioned procedure, technique or procedure must be “generally accepted” by a meaningful segment of the scientific community. Collection of experts called in to testify about the validity of scientific issues Books and papers written on subject reviewed and discussed.

Federal Rules of Evidence (1975): A code of evidence law governing the admissibility of evidence in the U.S. federal court system enacted in 1975. Rule 702 applies to scientific, technical or otherwise specialized knowledge. Individual states are free to adopt different evidence rules but most have codes that are based on FRYE.

The Frye Test Plus or KELLY-Frye test Courts traditionally use one of these rules for the admissibility of scientific evidence: The Frye Test Frye v. United States (1928) 293 F. 1013 The Frye Test Plus or KELLY-Frye test People v. Kelly (1976) 17 Cal.3d 24 Daubert Test Daubert v. Merrell-Dow Pharmaceuticals, Inc. 509 U.S. 579, 113 S.Ct. 2786 (1993).

Frye Standard, Frye v. U.S. 293 F. 1013 (D.C. Cir. 1923) Essentially, for the results of a scientific technique to be admissible, the technique must be sufficiently established to have gained general acceptance in its particular field. This is referred to as the "general acceptance" test by the scientific community.

Illinois Rules of Evidence Rule 702 TESTIMONY BY EXPERTS If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. Where an expert witness testifies to an opinion based on a new or novel scientific methodology or principle, the proponent of the opinion has the burden of showing the methodology or scientific principle on which the opinion is based is sufficiently established to have gained general acceptance in the particular field in which it belongs.

the testimony is based upon sufficient facts or data, the testimony is the product of reliable principles and methods, and the witness has applied the principles and methods reliably to the facts of the case.

The Frye test as set forth in Frye v. United States, 293 F. 1013 (D. C The Frye test as set forth in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), is a specific test of admissibility related to expert testimony concerning scientific evidence. Where opinion testimony is based on the expert’s personal knowledge and practical experience, but not based on “studies and tests,” it is not subject to a Frye test. Donnellan v. First Student, Inc., 383 Ill. App. 3d 1040, 1061, 891 N.E.2d 463 (1st Dist. 2008). The Frye test is also known as the “general acceptance” test, as it requires that “the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.

The Daubert Test Has the theory been tested? The court suggested the trial court consider various factors to assess scientific validity Has the theory been tested? Has it been subjected to peer review by other scientists? What is the theory’s or technique’s known or potential rate of error? Do standards controlling the application of the theory or technique? Is the theory or technique generally accepted?

Daubert v. Dow Pharmaceuticals, Inc. (1993) “general acceptance” or Frye standard no longer absolute prerequisite. Trial judge given the task of ensuring an expert testimony rests on a reliable foundation, is relevant to case, and is not repetitive, inflammatory or unnecessarily confusing. (gatekeeper)

Daubert Ruling suggested areas of inquiry: Whether the scientific technique or theory can be (and has been) tested. Whether the technique or theory has been subject to peer review & publication The technique’s potential rate of error The existence and maintenance of standards Whether the scientific theory or method has attracted widespread acceptance within a relevant scientific community

Daubert v. Merrell Dow (1993) The Court “REJECTED” the more basic Frye test of “general acceptance” in the scientific community. Daubert requires an independent judicial assessment of reliability . This test requires special pretrial hearings for scientific evidence and special procedures on discovery.  This is a more stringent test that requires knowledge of Type I and Type II error rates, as well as validity and reliability coefficients.

Daubert test requires (federal) judges to ascertain the following: (1) Whether the theory or technique is capable of being or has been tested; (2) Whether it has been subjected to peer review and publication; (3) The known or potential rate of error in using a particular scientific technique and the standards controlling the technique's operation; and (4) Whether the theory or technique is generally accepted in the particular scientific field.

Concerns about the Daubert Ruling: Abandoning Frye’s general acceptance test will result in the introduction of absurd pseudoscientific claims in court Supreme Court rejected these concerns: The judicial system is capable Through vigorous cross-examination, presentation of contrary evidence and careful instruction on the burden of proof are the traditional & appropriate means of attacking shaky but admissible evidence. Different methods-same results: “Frye in drag”

Does “Science” = Peer Review? Frye Is This a Good Rule? Does “Science” = Peer Review?

Advocacy vs. Science Honesty The Witness Business Finding and Managing Experts Pushy Lawyers Honesty The Academic Witness The Professional Witness

Organization of a Crime Laboratory

Crime Labs Since the 1960's the number of crime labs increased due to the courts demanding secure scientifically evaluated evidence. More crime More drug related crime Greater need for physical evidence Use of DNA profiling (1990’s) Presently there are 350 Crime Laboratories in the U.S.

Services of the Crime Lab Many local crime laboratories have been created solely for the purpose of processing evidence Currently most of their energy and funds are used to analyze drugs and DNA. In 1932, Hoover first established a national forensics laboratory to support all law enforcement in the U.S. The oldest American forensics laboratory is in Los Angeles, California, created in 1923 by August Volmer.

Crime Lab Units Standard Optional Toxicology Fingerprints Polygraph Physical Science Biology Firearms Documents Photography Optional Toxicology Fingerprints Polygraph Voice Print Evidence

Basic Services Provided by Full-Service Crime Laboratories Physical Science Unit: Applies the principles and techniques of Chemistry Physics Geology to the identification and comparison of crime- scene evidence Biology Unit: Identifies dried bloodstains and body fluids Compares hairs and fibers Identifes and compares botanical materials such as wood and plants Performs DNA analysis

Basic Services (continued) Firearms Unit: examines Firearms Discharged bullets Cartridge cases Shotgun shells Ammunition of all types Document Examination Unit: Analyzes handwriting, paper and printers of documents Photography Unit: Examines and records physical evidence at the crime scene and at suspects' locations

Optional Services Provided by Full-Service Crime Labs Toxicology Unit: Examines body fluids and organs in order to determine the presence and identification of drugs and poisons Latent Fingerprint Unit: Processes and examines evidence for latent fingerprints i.e. those found on surfaces Polygraph Unit: Uses lie detectors, an essential tool of the crime investigator rather than the forensic scientist

Optional Services (continued) Voiceprint Analysis Unit: Involved in cases of telephone threats or tape-recorded messages Investigators may be able to connect a voice to a particular suspect Evidence-Collection Unit: Incorporates evidence collection into a total forensic science service

The Functions of the Forensic Scientist Analysis of Physical Evidence The forensic scientist must be skilled in applying the principles and techniques of the physical and natural sciences in order to identify the many types of evidence that may be recovered during crime investigations. Expert witness An expert witness possesses a particular skill or has knowledge in a trade or profession that will aid the court in determining the truth.

The Functions of the Forensic Scientist (continued) Specially trained evidence collection technicians Training in Proper Recognition, Collection, and Preservation of Evidence is required so that the forensic pathologist, as the medical examiner or coroner, can determine the cause of death via an autopsy.

Other Forensic Services Death can be classified into five different categories: natural death, homicide, suicide, accident or undetermined manner of death. Forensic Pathology The cause of death can often be determined by performing an autopsy

Other Forensic Services - 2 Forensic Pathology – continued After a human body expires there are several stages of death Rigor Mortis immediately following death, the muscles relax and then become rigid, shortening of the muscles. Livor Mortis when the human heart stops pumping, due to the blood begins to settle in the parts of the body closest to the ground due to gravity. The skin will appear dark blue or purple in these lower areas close to the ground. Algor Mortis the process in which the body temperature continually cools after death until it reaches room temperature, enabling the medical examiner to establish the general time of death.

Other Forensic Services - 3 Forensic Anthropology: Primarily involves the identification and examination of skeletal remains, in order to determine if the remains are human or another type of animal. If human, ethnicity, sex, approximate age, and manner of death can often be determined by an anthropologist.

Other Forensic Services - 4 Forensic Entomology The study of insects and their developmental stages Can help to determine the time of death by knowing when those stages normally appear in the insect's life cycle

Other Forensic Services - 5 Forensic Psychiatry The study of human behavior and legal proceedings in both civil and criminal cases In civil and criminal cases, competency often needs to be determined In criminal trials, the evaluation of behavior disorders is often required in order to establish the psychological profile of a suspect.

Other Forensic Services - 6 Forensic Odontology An odontologist can match bite marks to a suspect's teeth, or match a victim to his dental x-rays Results in an identification of an unknown individual Forensic Engineering Used to analyze construction accidents, and the causes and origins of fires or explosions

Forensic Analysis Can include organic and inorganic analytical techniques Organic analysis of unknown substances Includes analytical techniques such as Chromatography, UV- visible and infrared Spectrophotometry and Mass Spectrometry. Inorganic analysis Includes techniques such as the emission spectrum of elements, Atomic Absorption Spectrophotometry, Neutron Activation Analysis, and X-Ray Diffraction Analysis.