Forensics Science and the Law

Steps in Pursuing Justice A crime has been discovered Police investigate and collect information All information is gathered and assembled into a report

Steps in Pursuing Justice Prosecutor determines if there is enough evidence to establish probable cause. If probable cause is established an arrest warrant is issued. An arrest warrant is not needed if crime occurs in front of an officer or if the officer has probable cause that a crime has been committed. 95% of all arrests occur without a warrant.

Steps in Pursuing Justice During the arrest suspect is read their Miranda rights. “You have the right to remain silent. Anything you say or do can and will be held against you in the court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?” After the arrest the suspect is booked, fingerprinted, and photographed. Suspect must be taken before the court for a preliminary, non-jury hearing within 72 hours of the arrest. Some states may use a grand jury instead of a preliminary hearing, especially for a felony. If the suspect does not plead guilty, a trial date will be arranged.

Types of Crimes Type of Crime What it is Penalty Examples Infraction Minor offense or petty crime Fine Jaywalking, traffic violations, and littering Misdemeanor Offenses punishable by no more than one year in jail Fines ranging from $250 to $2500 Community service No more than one year in jail Drunk driving, vandalism, shoplifting, simple assault, trespassing, or prostitution Felony Serious crimes Jail time Death penalty Fines up to $100,000 Arson, aggravated assault, burglary, robbery, homicide, and rape

Federal Rules of Evidence: There are general rules that govern if, when, how, and for what purpose proof of a case is placed before a “trier of fact” (the judge or jury). Evidence must be: reliable probative (be able to prove something) material (must address an issue in the crime) Hearsay is inadmissible in court because: it is not reliable It is not taken under oath does not allow for cross-examination. Hearsay is admissible in civil suits.

The Daubert Ruling: Offers guidelines for determining the admissibility of evidence The scientific theory or technique must be testable. The theory or technique must be subject to peer review and publication. The rate of error or possible errors must be given. The technique must follow standards. The court must consider whether the theory or technique has attracted widespread acceptance within a relevant scientific community.

The burden of proof rests entirely on the prosecution. Only 50% of all persons arrested are convicted – of those, 25% are sentenced to year or more in prison. 90% of all cases are plea bargained.