AFTER THE INVESTIGATION BEGINS FORENSIC SCIENCE AFTER THE INVESTIGATION BEGINS

CORPUS DELICTI “Body of the Crime” After the crime scene has been processed, the CSI team and the investigators must work together to recreate the crime and ultimately arrive at an answer that is corroborated by the evidence. One of the first questions to be answered is “What means, motive and opportunity were available to the suspect?”

FACETS OF GUILT Means--the ability of have committed the crime. Motive--the reason for committing the crime. (This doesn’t have to be proven or presented in a court of law, but its what everyone wants to know.) Opportunity--time or availability to have committed the crime.

FACETS OF GUILT (cont) For example,a victim was shot and robbed on a deserted street late at night. Means – the criminal had a gun Motive – the criminal wanted money/jewlery Opportunity – the victim was alone in a deserted area. The chance of an eye-witness was unlikely. A determination of means and opportunity is enough for an arrest. Motive may be determined later.

Miranda Rights The police must administer Miranda Rights before they question anyone that is in their custody. 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. Why are these rights administered?

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 1966. 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.

Charges After a suspect is arrested, mirandized and questioned the investigators may release the suspect or charge them with a crime. The type of crime will ultimately determine bail/bond and sentencing.

What is a Crime? What is the legal definition of Crime? 1. A crime is any wrongdoing classified by the state or Congress as a felony or misdemeanor. 2. An omission of a duty commanded by public law. What is the legal definition of Crime? ?

Types of Crimes Infraction An act or instance of breaking a law or regulation or of nonfulfillment of an obligation or promise, for example: breach, contravention, infringement, transgression, trespass, violation.

Types of Crimes Misdemeanor A misdemeanor is an offense for which a sentence of imprisonment not in excess of one year may be imposed. A misdemeanor is less serious than a felony and is punishable by fine or imprisonment in a city or county jail rather than in a prison.

Types of Crimes Felony An offense for which a sentence of imprisonment in excess of one year is authorized. Sentences for felonies are served in prisons not jails. Felonies are serious crimes, such as murder, rape, or armed burglary.

Felonies Felony offenses are listed as violent crimes by the F.B.I. when they involve force or the threat of force. Felony convictions also result in the loss of civil rights (voting, etc.) If an officer making an arrest has probable cause to believe that a felony has been committed and that the defendant is the one who has committed it, it makes no difference whether the officer was right or wrong in making the arrest

Felony Charges may rely on Circumstances For Example- 1st Degree Murder--premeditated 2nd Degree Murder--killed intentionally, but not thought out as much ahead of time Voluntary Manslaughter--usually involves sudden passion (fear, rage, anger, terror) Involuntary Manslaughter (criminally negligent homicide)--killed someone, but unintentionally

U.S. Crime Statistics The most common non-misdemeanor crime in the United States is property crime. Property crime consists of burglary, larceny and motor vehicle theft. A burglary is committed every 15 seconds in the U.S. The average loss is $1600.00 and the stolen items are rarely recovered. An arrest is made in 13% of the cases.

U.S. Crime Statistics Most crimes occur in July and August Murder and robbery are more common in December and January. Crime rates are higher in the first day of the month. Large urban areas have highest violent crime rate.

U.S. Crime Statistics Males that are 18-35 years old commit the most crimes. Most murders are intraracial. In 2005, 86% of Caucasian murders were committed by Caucasians and 94% of African-American murders were committed by African-Americans.

U.S. Crime Statistics On any given day, 2.3 million people are incarcerated in America. Every year 656,000 inmates are released 2/3 of them end up in prison again After their release, prisoners may not associate with other felons, are barred from certain professions, cannot receive most government assistance, etc.

The Trial After the suspect has been charged they will need to appear before a judge. At this time the judge will determine whether or not to grant bail and the amount of bail. A date will be set for the trial. Often times the parties will try to settle before the trial date. If a trial is conducted, it follows a set schedule.

The Trial (cont) 1. Plaintiff’s Opening 2. Defendant’s Opening 3. Plaintiff’s Case 4. Defendant’s Case 5. Plaintiff’s Rebuttal 6. Defendant’s Rebuttal 7. Plaintiff’s Closing 8. Defendant’s Closing 9. Plaintiff’s response 10.Jury Instructions 11.Verdict

The Expert Witness Both sides may use expert witnesses as they present their case. The Prosecution may use several of the CSI team as expert witnesses. However, both sides may use experts from any field.

The Expert Witness (cont) An expert witness is an individual that has expertise in a certain area due to education, experience or a combination of both. The judge will determine if a witness qualifies as an expert witness. The judge was given this right by the decision in Daubert vs. Merrell Dow Pharmaceuticals.

Expert vs. Lay Witness A Lay Witness may only testify about events from personal knowledge. They may only offer facts and cannot give their opinion. An Expert Witness evaluates evidence and offers their opinion as to the significance of the findings. This testimony may be rejected by the jury. The Expert cannot state their opinion with certainty. They must state their opinions based on probabilities.

The Trial (cont) Once the verdict is delivered, the defendant is either released or the judge will set a date for sentencing. At the sentencing, family members from both sides of the case may speak. The judge will consider all of this testimony and will then sentence the convicted criminal.