Unit 1: Introduction to Forensic Science and the Law

Forensic Science Definition: _________________________________________________ _________________________________________________

Jobs of Forensic Scientists: Analyze & examine _____________ Follow _____________ protocols Provide timely, accurate, and thorough __________ ____________in court regarding results of analysis

Crime Lab Units ___________________ Chemistry/Physics/Geology Serology (_________) DNA Analysis & Blood Splatter Anthropology (Human Remains) Pathology (_________) Odontology (__________) Ballistics Forgery __________________ Drugs Latent _____________ _______________ ______________ Analysis ________________ ______________________ Crime Scene Investigators

Major Crime Laboratories ______ _____________________________

What is evidence? Definition: _________________________________________________

Federal Rules of Evidence In order for evidence to be admissible, it must be: _________________—actually prove something The more directly linked to a suspect the more probative it is Example: __________ are more probative than fibers or glass found at the scene _________________—address an issue that is relevant to the particular crime

Admissibility of Evidence Scientific evidence is allowed into the courtroom if it is generally accepted by the relevant ____________________ community. The Frye standard does not offer any guidance on reliability. The evidence is presented in the trial and the ____________decides if it can be used.

Categories of Evidence ______________ a direct fact Examples: Eyewitness Testimony Surveillance Video ______________ Evidence (aka _____________Evidence) ______________ a fact (but does not prove it directly) Most types of evidence fall under this category Hair/Blood/Fingerprints/Documents/Glass/Impressions etc.

Eyewitness Testimony (Testimonial Evidence) _____________________________________________

How to be a Good Observer Start at one part of a crime scene and run your eyes slowly over every space. Slowly look at every part of a piece of evidence. Do not assume that later on you will be able to remember everything.

How to be a Good Observer __________________________— Do not pay attention to only what you think is important. On a crime scene you will not know what will turn out to be important. Make a conscious effort to pay attention to all the details in your surroundings.

How to be a Good Observer __________________________________— Do look for patterns and make connections. But the more information obtained, the better will be the interpretations. Remember that eyewitness accounts and your own thinking can include prejudices.

How to be a Good Observer _________________________— It is important to write down and photograph as much information as possible. Keep in mind that memory is faulty. Remember that our brains tend to automatically fill in gaps in our perceptions.

Picture 1 Questions At what location was the photograph taken? How many cars are pictured? What color are the cars?  What types of offices are located in the building?  How many small trees are in the picture? The photograph was taken in New York State during which season? How many people are in the photograph?

Picture 2 Questions What is pictured in Photograph 2? Describe the shape of the object pictured. What are the colors of the object? What color edged the top of the object? Upon what is the object displayed? Describe or sketch the design on the object. What is the approximate size of the object?

Picture 3 Questions How many people are in Photograph 3? What is the sex of the person in the picture? What is the approximate age of the person in the photograph? What color is the person’s hair? Does the person have long hair or short hair? Does the person have any distinguishing features? Glasses? Can you describe the person’s clothing? Can you describe where the picture was taken? Based on evidence in the photograph, can you form a hypothesis about the person’s occupation? Is it possible to identify the interests of the person based on evidence in the room?

Expert Testimony Testimony made by a qualified person about a ____________, _____________, or _____________ issue. Effectiveness Depends On: Their _______________ level Their _______________ How well they _________________

Problems with Testimonial Evidence

Observations by Witnesses Affected By: ____________states (stress level) More __________ = Less __________ _______________ Ulterior Motives Interrogation/Questioning Tactics Used Time

The Innocence Project Barry C. Scheck and Peter J. Neufeld at the Benjamin N. Cardozo School of Law, starting in 1992, use DNA to examine post-conviction cases. The project has found that up to 87% of the wrongful convictions they discovered were due to faulty eyewitness identifications.

Value of Physical Evidence Generally more reliable than _______________________ Can prove that a crime has been committed Can corroborate or refute testimony Can link a____________with a____________or with a crime scene Can establish the identity of persons associated with a crime Can allow reconstruction of events of a crim

Reconstruction Physical Evidence is used to answer questions about: __________________________________ A forensic scientist will compare the questioned or_____________sample with a sample of_________________origin (control sample).

Types of Physical Evidence _____________________Evidence—temporary; easily changed or lost; usually observed by the first officer at the scene _____________________ Evidence—produced by direct contact between a person and an object or between two objects _____________________ Evidence—produced by a specific event or action; important in crime scene reconstruction and in determining the set of circumstances or sequence within a particular event _____________________ Evidence—produced by contact between person(s) or object(s), or between person(s) and person(s) _____________________ Evidence—items that may associate a victim or suspect with a scene or each other; ie, personal belongings

Examples of Transient Evidence _____________________—putrefaction, perfume, gasoline, urine, burning, explosives, cigarette or cigar smoke _____________________—surroundings, car hood, coffee, water in a bathtub, cadaver _____________________—footprints, teeth marks in perishable foods, tire marks on certain surfaces _____________________

Examples of Pattern Evidence ___________ Evidence—most are in the form of imprints, indentations, striations, markings, fractures or deposits. Clothing or article distribution ___________ residue Material damage ___________ Tool marks Modus operandi (how they did it) ___________spatter ___________ fracture Fire burn pattern Furniture position Projectile trajectory ___________ or skid marks

Examples of Conditional Evidence ___________—headlight, lighting conditions ___________—color, direction of travel, density, odor ___________—color and direction of the flames, speed of spread, temperature and condition of fire ___________—of injuries or wounds, of bloodstains, of the victim’s vehicle, of weapons or cartridge cases, of broken glass ___________—doors locked or unlocked, windows opened or closed, radio off or on (station), odometer mileage ___________—position, types of wounds; rigor mortis ___________—condition of furniture, doors and windows, any disturbance or signs of a struggle

Classification of Evidence by Nature ________________—blood, semen, saliva, sweat, tears, hair, bone, tissues, urine, feces, animal material, insects, bacterial, fungal, botanical ________________—fibers, glass, soil, gunpowder, metal, mineral, narcotics, drugs, paper, ink, cosmetics, paint, plastic, lubricants, fertilizer ________________—fingerprints, footprints, shoe prints, handwriting, firearms, tire marks, tool marks, typewriting ________________—laundry marks, voice analysis, polygraph, photography, stress evaluation, psycholinguistic analysis, vehicle identification

Evidence Characteristics ________________—common to a group of objects or persons ________________—can be identified with a particular person or a single source Fibers Shoe Prints Fingerprints Shoe Prints Blood DNA Typing

Class or Individual? These fibers are ________________ evidence; there is no way to determine if they came from this garment. The large piece of glass fits exactly to the bottle; it is ________________ evidence.

COLLECTING AND PACKAGING EVIDENCE One individual should be designated as the evidence collector to ensure that the evidence is collected _______________ Each item must be placed in a ___________________________________________________ Most ________________ is collected and packaged first Different types of evidence require specific or special collection and packaging techniques The body is the property of the _______________________________. The collection of evidence on the body is done by that department Should also collect controls from a known ________________ (this is a control) to compare to unknown evidence from the crime scene.

PACKAGING Most items should be packaged in a primary container and then placed inside a secondary one. These are then placed inside other containers such as paper bags, plastic bags, canisters, packets and envelopes depending on the type and size of the evidence. _______________ evidence should be packaged to avoid mold/mildew Sealed Test Tubes _______________ evidence should be in an airtight container Prevents evaporation of possible fume evidence _______________ evidence should be packaged in a rigid container to avoid cuts

CHAIN OF CUSTODY There must be a _______________record of all people who have had possession of an item of evidence. The evidence container must be marked for identification The collector’s ____________ should be placed on the seal If evidence is turned over to another person, the transfer must be recorded.

Chapter 3 THE CRIME SCENE ____________________________________________________________________________________________________________________ Kendall/Hunt

Crime Scene Investigations _______________—ability to distinguish important evidence from unrelated material _______________—collection and proper preservation of evidence _______________—use of scientific testing _______________—class characteristics are measured against those of known standards or controls; if all measurements are equal, then the two samples may be considered to have come from the same source or origin. _______________—demonstrating that the sample is unique, even among members of the same class _______________—gives meaning to all the information _______________—reconstructs the events of the case

CRIME SCENE TEAM A group of professional investigators, each trained in a variety of special disciplines. Team Members ________________________________

PROCESSING A CRIME SCENE ________________________________________________

FIRST OFFICER ON THE SCENE A ________________________________________ D ________________________________________ P ________________________________________ T ________________________________________

CRIME SCENE SURVEY _______________________—performed by the crime scene investigator, the first officer and sometimes the lead detective Purpose: ___________________________________________ Note any transient or conditional evidence that could change over time. Note points of entry or exit, as well as paths of travel within the crime scene Identify special needs within the crime scene for personnel, precautions or equipment and notify superior officers or other agencies

DOCUMENTATION _______________________—date and time, description of the location, weather and environmental conditions, description of the crime, location of the evidence relative to other key points, the names of all people involved, modifications that have occurred and other relevant information _______________________—photos of scene and surroundings, mid-range to close-up photos with various angles of each piece of evidence, photos as viewed by any witnesses. _______________________—inclusion of date, time, scale, reference points, distance measurements, names of investigators, victims, suspects, and a legend (key) _______________________—allows narration (non-subjective) to be included

SEARCH METHODS _______________________—best in large, outdoor scenes _______________________—basically a double-line search; effective, but time-consuming _______________________—most effective in houses or buildings; teams are assigned small zones for searching _______________________—best on small, circular crime scenes _______________________—may move inward or outward; best used where there are no physical barriers

CRIME SCENE SKETCH N Date: August 14, 2005 Criminalist: Ann Wilson Time: 11:35 am Location: 4358 Rockledge Dr, St. Louis, Mo. N

CRIME SCENE RECONSTRUCTION Stages ________________________________________ ________________________________________ ________________________________________

Law

Types of Law __________________ Also called public law a system of law concerned with the punishment of those who commit crimes Monetary Damages Only (No Jailtime)

Miranda v Arizona In 1963, Ernesto Miranda, a 23 year old mentally disturbed man 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.

Miranda Rights 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 _____ 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.

Miranda Rights The following is a minimal 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 any questioning. If you cannot afford a lawyer, one will be provided for you at the government’s expense. “The Right to Remain Silent” comes from the _______________; you have the right not to ___________________ yourself (pleading the 5th)

Facets of Guilt ___________—person had the ability to do the crime Try to prove: ___________—person had the ability to do the crime ___________—person had a reason to do the crime (not necessary to prove in a court of law) ___________—person can be placed at the crime