Forensic Science

Introduction to Forensics Science Chapter 1.1 – Introduction to Forensics Science Forensic science, by its very nature, lies at the point of convergence between our legal and scientific systems. *The law wants certainty - Who committed the crime and where - Seeks justice *Science can only establish the simplest of facts. - Probability, odds of an occurrence, etc. - Looks for greater understanding

It lies with juries to ultimately decide what odds are sufficient to convict someone of a crime. This is made more difficult by the increasing technical complexity of scientific evidence that juries must try to understand to arrive at a fair and just verdict. Ex. DNA evidence, 1985. Juries had to learn & understand the analysis.

1923 - ”Frye Case” Scientific world was given the RESPONSIBILITY to determine what forensic evidence was based on good science & allowable in court. The criminal justice system is relying on the scientific community to provide ACCURATE and OBJECTIVE results to scientific analysis.

Many disciplines are used and are being pulled into the world of forensics. Medicine, chemistry, physics, psychology, anthropology, entomology. There is too much information to be known by any one person. Forensic science has evolved into a variety of complex forensic sub-specialties with expert specialists. What makes an ‘expert’?

Science does have limitations when finding & analyzing evidence. *Too often juries find cases ‘lacking’ unless all possible types of scientific data are presented. *This leads to excessive, useless and expensive uses of forensic testing. A strong system of justice requires an equally strong partner in forensic science.

Standards & Practices In an attempt to maintain high standards & acceptable practices, organization & agencies have been developed: AAFS: American Academy of Forensic Science ASCLD: American Society of Crime Lab Directors Department of Justice UN: United Nation

1.2 – Brief History of Forensics Science What is ‘Forensic Science’? The application of scientific methods and principles to the investigation of crimes and criminals.

Criminalistics: The science and profession dealing with the recognition, collection, identification, individualization, and interpretation of physical evidence, and the application of the natural sciences to law-science matters.

Early Contributions to Forensics *Early Romans & Greeks used natural world understanding to deduce logical arguments related to criminal prosecutions. (BCE) -Archimedes: “Father of forensic science” *Quintillian: Roman attorney; Proved a person was framing a blind man in the homicide of his mother. (10th century) *Sung T’ze: Published 1st forensic textbook; Reported how flies were used to detect blood on a harvest scythe used to kill a man. (1248 AD)

History INTRODUCTION Mathieu Orfila—the father of forensic toxicology. Calvin Goddard—used a comparison microscope to determine if a particular gun fired a bullet. James Marsh – Was the first individual to present a toxicology test to a courtroom and jury. Sir Wm. Herschel – Used fingerprints on Indian Civil Service papers to verify identity for those who were illiterate. Alphonse Bertillion—devised the first scientific system of personal identification in 1879. Anthropometry INTRODUCTION

ANTHOPOMETRY - Bertillon A systematic procedure of taking a series of body measurements as a means of distinguishing individuals. This method was considered to be the most accurate until it was replaced by fingerprinting.

Information Sheet

History, continued INTRODUCTION Alexandre Lacassagne – Founded the first school to train people in the subfields of forensic science Standardized practices Included blood pattern analysis, firearms exam. Hans Gross—wrote the first treatise describing the application of scientific principles to the field of criminal investigation. Sir Edward Henry – Developed a fingerprint classification system used throughout the world. INTRODUCTION

History, continued INTRODUCTION Karl Landsteiner - Discovered human blood groups & how to type them ABO blood type most commonly used Edmond Locard—incorporated Gross’ principles within a workable crime laboratory. ***Locard’s Exchange Principle—A criminal leaves something behind at a crime scene and also take something away with them. Evidence is transferred & exchanged between the crime scene and the criminal. INTRODUCTION

Crime Labs in the United States: 1924 – The first crime lab in the U.S. was formed with the L.A. Police Dept. 1932 - Under the direction of J. Edgar Hoover, the FBI organized a national lab that offered forensic services to all law enforcement agencies. *Consulted with business executives, manufacturers & scientists to gain info. *Now the largest crime lab in the world.

The ever increasing number of crime laboratories is partly the result of the following: Crime laboratories inundated with drug specimens due to accelerated drug abuse. *1960’s – Detection & prosecution *A majority of crimes had some drug or alcohol connection 2) The advent of DNA profiling. *1980’s – DNA technology revolutionized personal identification of biological samples.

Modern Day Crime Labs *Necessary for a lab to have enhanced capabilities, state-of-the-art instrumentation and to use best-known practices for evidence analysis. *Labs are subject to tighter controls and stricter standards than ever before with increased caseload.

1.3 - Crime Detection in Literature Edgar Allen Poe: Citizen C. Auguste Dupin used deductive reasoning and put himself in the criminal’s shoes to solve crimes. Sir Arthur Conan Doyle: Author of the Sherlock Holmes series. Doyle was a Scottish physician who wrote the series in his spare time (he wasn’t a very good doctor). He used scientific techniques in his books.

Other Authors… Dorothy L. Sayers & Agatha Christie: Other Authors… Dorothy L. Sayers & Agatha Christie: *Incorporated deductive reasoning & application of the scientific method in criminal investigations. *The Detection Club, 1930 – Formed with other authors to help each other with the technical & scientific aspects of their crime fiction.

Modern Day Media & Forensics With the popularity of investigative television shows, the general public is very comfortable and also interested in crime scene investigation. The problem with this… THE C.S.I. EFFECT A phenomenon where scientific crime television shows have made actual jurors reluctant to vote to convict when forensic evidence is neither necessary nor available. How could this affect a case???

1.4 – Dynamic Duo of Principles Locard’s Principle: When two Objects come into contact, some materials or information is transferred between the two. A connection can be established between the two. Principle of Individuality: Even though two objects may be indistinguishable, they can never be exactly identical. Example: Identical twins – Same DNA but one may have freckles/scars/etc. that make them look different.

1.5 – Legal Precedent of Science in the Courtroom Precedent Case: Rule of law established for the first time by a court for a particular type of case and thereafter referred to in the deciding similar cases -Provides consistency 1923: Frye v. United States: A scientific procedure, technique or principle must be ‘generally accepted’ by the scientific community.

1993: Daubert v. Merrell Dow Pharmaceuticals (1993): U. S 1993: Daubert v. Merrell Dow Pharmaceuticals (1993): U.S. Supreme Court asserted that ‘general acceptance’ is not an absolute prerequisite for admissibility of scientific evidence. Standards for the admissibility of scientific evidence: 1) Scientific Basis: Testimony must be grounded in supported scientific knowledge gained through the application of scientific method 2) Relevance: There must be a connection between the knowledge being presented and the issue in question. 3) Judge as ‘Gatekeeper’: The judge is designated as the person who decides whether a particular piece of scientific testimony is sufficiently established & relevant to the issue at hand.

1995: Joiner Case: Experts cannot ‘stray’ to far from their data or from commonly accepted practice. *Nothing requires a court to admit opinion evidence that is connected to the data only by the expert themselves. *Too great a gap between data & opinion 1999: Kumho Tire Co., Ltd. V. Carmichael: The ‘gatekeeping’ role of the trial judge applied to all expert testimony (not just scientific testimony) 2009: Melendez-Dias: The individual who preforms the analysis in the lab must testify in court as to the findings of the analysis. *There are problems with taking a technician out of the lab for lengthy courtroom proceedings.

The Expert Witness An expert witness is an individual whom the court determines possesses knowledge relevant to the trial that is not expected of the average person. The expert witness is called on to evaluate evidence based on specialized training and experience that the court lacks the expertise to do. The expert will then express an opinion as to the significance of the findings. Forensic scientists also participate in training law enforcement personnel in the proper recognition, collection, and preservation of physical evidence.