Chapter 1 CRIME LABS

Chapter 1 Kendall/Hunt Publishing Company1 Forensic Science  The study and application of science to matters of law.  Includes the business of providing timely, accurate, and thorough information to all levels of decision makers in our criminal justice system.  The word forensic is derived from the Latin “forensis” meaning forum, a public place where, in Roman times, senators and others debated and held judicial proceedings.

Chapter 1 Kendall/Hunt Publishing Company2 Criminalistics vs Criminology Criminalistics  the scientific examination of physical evidence for legal purposes. Criminology  includes the psychological angle, studying the crime scene for motive, traits, and behavior that will help to interpret the evidence

Chapter 1 Kendall/Hunt Publishing Company3 Major Developments in Forensic Science History  700s AD—Chinese used fingerprints to establish identity of documents and clay sculptures  1200s—A murder in China is solved when flies were attracted to invisible blood residue on a sword of a man in the community  1670—Anton Van Leeuwenhoek constructed the first high-powered microscope  1776—Paul Revere identified the body of General Joseph Warren based on the false teeth he had made for him

Chapter 1 Kendall/Hunt Publishing Company4 Major Developments in Forensic Science History  1879—Alphonse Bertillon developed a system to identify people using particular body measurements  1896—Edward Henry developed first classification system for fingerprint identification  1900—Karl Landsteiner identified human blood groups  1904—Edmond Locard formulated his famous principle, “Every contact leaves a trace.”  1959—James Watson and Francis Crick discover the DNA double helix  1977—AFIS developed by FBI, fully automated in 1996  1984—Jeffreys developed and used first DNA tests to be applied to a criminal case

Chapter 1 Kendall/Hunt Publishing Company5 People of Historical Significance Edmond Locard ( )  French professor  Considered the father of criminalistics  Built the world’s first forensic laboratory in France in 1910  Locard Exchange Principle  Whenever two objects come into contact, there is always a 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 has vanished after a given time. Nonetheless, the transfer has taken place.

Chapter 1 Kendall/Hunt Publishing Company6 Crime Lab—Basic Services  Physical Science Unit  Chemistry  Physics  Geology  Biology Unit  Firearms Unit  Document Examination Unit  Photography Unit

Chapter 1 Kendall/Hunt Publishing Company7 Crime Lab—Optional Services  Toxicology Unit  Latent Fingerprint Unit  Polygraph Unit  Voiceprint Analysis Unit  Evidence Collection Unit

Chapter 1 Kendall/Hunt Publishing Company8 Other Forensic Science Services  Forensic Pathology  Forensic Anthropology  Forensic Entomology  Forensic Psychiatry  Forensic Odontology  Forensic Engineering  Cybertechnology

Chapter 1 Who Runs the Crime Labs  Crime labs can be either public or private  Public labs are usually run by national, state, or local law enforcement agencies  Usually contain labs for several different disciplines/services  Private labs are usually run by a person or a corporation  Usually focus on one type of crime

Chapter 1 Variations In The Crime Lab  Why aren’t all crime labs the same?  Variations in local laws  Different capabilities and functions of the organization to which the lab is attached  Budgetary and staffing limitations  Crime patterns in lab’s area

Chapter 1 Kendall/Hunt Publishing Company11 Crime Lab History  First police crime lab in the world was established in France in 1910 by Edmond Locard  First police crime lab in the U.S. opened in 1923 in Los Angeles  The Scientific Crime Detection Lab was founded in Evanston, Illinois in 1929  The first FBI crime lab opened in 1932

Chapter 1 Kendall/Hunt Publishing Company12 Major Crime Laboratories  FBI  largest crime lab in the world  DEA  Both FBI and DEA labs are run through the Department of Justice  ATF  Run through the Department of the Treasury  Deals with crimes involving alcohol, weapons, explosives and organized crime  U.S. Postal Service  U.S. Fish and Wildlife Service

Chapter 1 Chapter 1 The Forensic Scientist and Law

Chapter 1 Kendall/Hunt Publishing Company14 Crime Scene Team  A group of professional investigators, each trained in a variety of special disciplines.  Team Members  First Police Officer on the scene  Medics (if necessary)  Investigator(s)  Medical Examiner or Representative (if necessary)  Photographer and/or Field Evidence Technician  Lab Experts pathologistserologist DNA experttoxicologist forensic odontologistforensic anthropologist forensic psychologistforensic entomologist firearm examinerbomb and arson expert document and handwriting expertsfingerprint expert

Chapter 1 The Forensic Scientist  A forensic scientist must:  Study the different types of evidence found at the crime scene  Be methodical  1 st observe the general characteristics of the evidence, then do more specific features  Must link evidence to a crime and to the suspects by identifying and comparing relevant material  Be ready to testify as an expert witness at a trial or hearing  Presents data, weighs the importance of the evidence presented, and provides an impartial opinion Kendall/Hunt Publishing Company15

Chapter 1 Kendall/Hunt Publishing Company16 Scientific Method (as it pertains to criminalistics) 1.Observe a problem or questioned evidence and collect objective data. 2.Consider a hypothesis or possible solution. 3.Examine, test, and then analyze the evidence. 4.Determine the significance of the evidence. 5.Formulate a theory based on evaluation of the significance of the evidence

Chapter 1 Kendall/Hunt Publishing Company17 Complex Reasoning Skills Necessary to Work Through and Solve Crimes:  Deductive and Inductive Reasoning  Classifying  Comparing and Contrasting  Problem Solving  Analyzing Perspectives  Constructing Support  Error Analysis

Chapter 1 Kendall/Hunt Publishing Company18 Laws that Pertain to the U.S. Criminal Justice System  The U.S. Constitution  Statutory Law  Common Law or Case Law  Civil Law  Criminal Law  Equity Law  Administrative Law

Chapter 1 Kendall/Hunt Publishing Company19 The Bill of Rights Gives individuals the right:  To be presumed innocent until proven guilty  Not to be searched unreasonably  Not to be arrested without probable cause  Against unreasonable seizure of personal property  Against self-incrimination  To fair questioning by police  To protection from physical harm throughout the justice process  To an attorney  To trial by jury  To know any charges against oneself  To cross-examine prosecution witnesses  To speak and present witnesses  Not to be tried again for the same crime  Against cruel and unusual punishment  To due process  To a speedy trial  Against excessive bail  Against excessive fines  To be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes

Chapter 1 Statutory Law  Legislative acts declaring, commanding, or prohibiting something  Based on the Constitution  Created by a governmental body or agency

Chapter 1 Common Law / Case Law  The body of law made of judicial opinions and precedents  Laws made by judges  Set in appellate courts  Recognizes previous decisions as precedent  Makes for predictability and consistency

Chapter 1 Civil Law  Deals with non-criminal suits brought to protect or preserve a civil or private right or matter  Determines relationships between individuals involving matters like property or contracts  “Private Law”  Assigns blame rather than establishing intent

Chapter 1 Criminal Law  Regulation and enforcement of rights setting the acceptable limits of conduct in society  Deals with the regulation and enforcement of rights  “Public Law”

Chapter 1 Types of Criminal Law  Misdemeanor  Minor crime  Theft, minor assault and battery, or possession  Usually punished with a fine or confinement other than a prison  Felony  Major crime  Murder, rape, arson, forgery  Punishable by more than one year of imprisonment up to execution

Chapter 1 Probable Cause  Prosecution must prove guilt “beyond a reasonable doubt” to convict a suspect  Probable cause  situation in which a reasonable and prudent person, viewing the available information, would conclude that a crime has been committed and that the suspect committed it

Chapter 1 Equity Law and Administrative Law  Equity Law  Remedial or preventative (like an injunction or a restraining order)  Administrative Law  Laws established by agencies like the IRS, Social Security Administration, or the branches of the military

Chapter 1 Chapter 1 The Pursuit of Justice

Chapter 1 Justice Confusion  The steps in pursuing justice are complex and confusing because of different jurisdictions, different state rules and procedures, the type of crime, extenuating circumstances, and prior history

Chapter 1 Kendall/Hunt Publishing Company29 Miranda v Arizona  In 1963, Ernesto Miranda, a 23 year old mentally disturbed man, was 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. 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.

Chapter 1 Kendall/Hunt Publishing Company30 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.

Chapter 1 Kendall/Hunt Publishing Company31 The Steps  After a suspect has been arrested:  Booked  basic information is collected  Arraigned  suspect hears charges brought against them and bail if appropriate  Suspect also offers a plea of guilty, not guilty, not guilty by reason of insanity, double jeopardy, or no contest

Chapter 1 The Steps – The Guilty Plea  A person who pleads guilty goes to a preliminary hearing  No jury – just judge, defense, and prosecution  Can be found guilty at this hearing  If found not guilty, the case goes to trial  Grand jury  used instead of a preliminary hearing in some states  people decide whether the prosecution has a case or not  Majority rules  If indicted (accused), a trial date is set

Chapter 1 The Steps – Not Guilty By Reason of Insanity  Must show “clear and convincing evidence” that at the time of the committing the crime, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts”

Chapter 1 Kendall/Hunt Publishing Company34 Types of Crimes  Infraction  Misdemeanor  Felony

Chapter 1 Kendall/Hunt Publishing Company35 Federal Rules of Evidence In order for evidence to be admissible, it must be:  Probative  actually prove something  Material  address an issue that is relevant to the particular crime

Chapter 1 Kendall/Hunt Publishing Company36 Admissibility of Evidence 1923 Frye v. United States  Scientific evidence is allowed into the courtroom if it is generally accepted by the relevant scientific community. The Frye standard does not offer any guidance on reliability. The evidence is presented in the trial and the jury decides if it can be used Daubert v. Dow Admissibility is determined by: ýWhether the theory or technique can be tested ýWhether the science has been offered for peer review ýWhether the rate of error is acceptable ýWhether the method at issue enjoys widespread acceptance. ýWhether the opinion is relevant to the issue The judge decides if the evidence can be entered into the trial.

Chapter 1 Kendall/Hunt Publishing Company37 Facets of Guilt Try to prove:  Means  person had the ability to do the crime  Motive  person had a reason to do the crime (not necessary to prove in a court of law)  Opportunity  person can be placed at the crime