Introduction to Forensic Science and the Law Chapter 1

What Do You Think of When You Think of Forensic Science?

Forensics – derived from Latin word forensis, meaning forum Forensics – derived from Latin word forensis, meaning forum Forensic Science or Criminalistics – the study and application of science to law Forensic Science or Criminalistics – the study and application of science to law Evidence – establishes or disproves a fact Evidence – establishes or disproves a fact

Crime Lab Departments Physical science Physical science Biology Biology Ballistics Ballistics Document examination Document examination Photography Photography Toxicology Toxicology Fingerprints Fingerprints

Specialists Anthropology Anthropology Odontology Odontology Psychiatry Psychiatry Engineering Engineering Polygraphy Polygraphy Entomology Entomology

Crime Labs Can be at federal, state, or local level Can be at federal, state, or local level Department of Justice is the largest and is run by the FBI Department of Justice is the largest and is run by the FBI DEA also operates a lab for the Department of Justice (drug crimes) DEA also operates a lab for the Department of Justice (drug crimes) ATF operates a lab for Department of Treasury ATF operates a lab for Department of Treasury U.S. Postal Service U.S. Postal Service U.S. Fish and Wildlife U.S. Fish and Wildlife

Locard Exchange Principle Whenever two objects come into contact, there is a transfer of material. Detection methods may not find it or it may decay quickly. Whenever two objects come into contact, there is a transfer of material. Detection methods may not find it or it may decay quickly.

Forensics and The Scientific Method Observations Observations Inductive Reasoning (experience, imagination) Inductive Reasoning (experience, imagination) Hypothesis Hypothesis Deductive Reasoning (experimentation) Deductive Reasoning (experimentation) Evaluation of Evidence (errors, validity) Evaluation of Evidence (errors, validity) Theory Theory

Types of Law U.S. Constitution U.S. Constitution Statutory Law – (written, codified law) law on the books, based on Constitution, Congress Statutory Law – (written, codified law) law on the books, based on Constitution, Congress Common or Case Law – set by judges, stare decisis recognizes former precedents Common or Case Law – set by judges, stare decisis recognizes former precedents Civil or Private Law – relationships, punishable by fines or transfer of property Civil or Private Law – relationships, punishable by fines or transfer of property

Criminal or Public Law – regulation and enforcement of rights, fines, probation, jail, death Criminal or Public Law – regulation and enforcement of rights, fines, probation, jail, death Misdemeanor Misdemeanor Felony Felony Equity Law – preventive (restraining order) Equity Law – preventive (restraining order) Administrative Law – IRS, Social Security Admin. or military Administrative Law – IRS, Social Security Admin. or military

Bill of Rights The right to be presumed innocent until proven guilty. The right to be presumed innocent until proven guilty. The right to not be searched unreasonably, either on one’s person or in home. The right to not be searched unreasonably, either on one’s person or in home. The right not to be arrested without probable cause. The right not to be arrested without probable cause. The right against unreasonable seizure of personal property. The right against unreasonable seizure of personal property. The right against self-incrimination. The right against self-incrimination.

Steps in Pursuing Justice Crime Crime Discovery Discovery Investigation Investigation Arrest Warrant (What must we have?) Arrest Warrant (What must we have?) Booking, Fingerprinting, Photograph, Miranda Rights Booking, Fingerprinting, Photograph, Miranda Rights Arraignment within 72 hours Arraignment within 72 hours Grand Jury or Preliminary or Evidentiary Hearing Grand Jury or Preliminary or Evidentiary Hearing Indictment Indictment Formal trial with jury Formal trial with jury

Different Types of Pleas Guilty Guilty Not Guilty Not Guilty Not Guilty by Reason of Insanity Not Guilty by Reason of Insanity Nolo Contendere Nolo Contendere Double Jeopardy Double Jeopardy

Comprehensive Crime Control Act (1984) A person must be very clear and convincing of the fact that he or she did not know right from wrong at the time of the crime. A person must be very clear and convincing of the fact that he or she did not know right from wrong at the time of the crime.

Statistics 50% of people are actually convicted of crimes 50% of people are actually convicted of crimes 25% serve 1+ year in prison 25% serve 1+ year in prison 90% plea bargained 90% plea bargained

Types of Crimes Infraction – jaywalking, littering, traffic violations Infraction – jaywalking, littering, traffic violations Misdemeanors – less than 1 year, or less than $250-$2500, community service Misdemeanors – less than 1 year, or less than $250-$2500, community service Felonies – 5 years to life, up to $100,000, death Felonies – 5 years to life, up to $100,000, death

Federal Rules of Evidence Must be probative Must be probative Must be material Must be material Must be reliable Must be reliable Expert witness must have credentials Expert witness must have credentials Hearsay is inadmissible in criminal cases but is admissible in civil suits. Hearsay is inadmissible in criminal cases but is admissible in civil suits.

Rules for Expert Witnesses The Frye Standard (Frye vs. 1923) The Frye Standard (Frye vs. 1923) The Daubert Ruling (Daubert v. Merrell Dow Pharm., Inc., 1993) The Daubert Ruling (Daubert v. Merrell Dow Pharm., Inc., 1993)

The Frye Standard Scientific evidence must be given by an expert witness and have gained “general acceptance” in the field of study. Scientific evidence must be given by an expert witness and have gained “general acceptance” in the field of study. NO PSEUDOSCIENCE NO PSEUDOSCIENCE

The Daubert Ruling Since society had become more complex, e.g. technology, Since society had become more complex, e.g. technology, Used only in federal courts, but states use it as a guideline. Used only in federal courts, but states use it as a guideline. Guidelines: Guidelines: Theory or technique must be testable Theory or technique must be testable Must be subject to peer review Must be subject to peer review Rate of error must be given Rate of error must be given Technique must follow standards Technique must follow standards Must have attracted widespread acceptance w/in scientific community Must have attracted widespread acceptance w/in scientific community