Ch 1 Notes, Career, Legal System Forensic Science 9/3/15

Drill What was each man’s contribution to forensic science: Bertillon Galton Locard Jeffreys True/False: The US has a centralized, organized system of crime labs.

Objectives IWBAT Explain the parts of the crime lab and categorize where various evidence would be analyzed. Hone my observational skills. Explain the parts of the legal system.

Agenda Drill Finish Ch 1 Notes Discuss Career/Adventure Observation Activities Start The Legal System Notes Closure

Skills of a Forensic Scientist A forensic scientist must be skilled in applying the principles and techniques of the physical and natural sciences to the analysis of the many types of evidence that may be recovered during a criminal investigation. A forensic scientist may also provide expert court testimony. An expert witness is an individual whom the court determines possesses knowledge relevant to the trial that is not expected of the average person.

Skills of a Forensic Scientist 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.

The Frye Standard The Frye v. United States decision set guidelines for determining the admissibility of scientific evidence into the courtroom.

Frye Standard To meet the Frye standard, the evidence in question must be “generally accepted” by the scientific community. What did the Frye case deal with?

Frye Not Absolute However, in the 1993 case of Daubert v. Merrell Dow Pharmaceutical, Inc., the U.S. Supreme Court asserted that the Frye standard is not an absolute prerequisite to the admissibility of scientific evidence.

Daubert Standard Trial judges were said to be ultimately responsible as “gatekeepers” for the admissibility and validity of scientific evidence presented in their courts, as well as all expert testimony.

Daubert Criteria For Admissibility Whether the scientific technique or theory can be tested. Whether the technique has been subject to peer review and publication. The techniques potential rate of error. Existence and maintenance of standards. Whether the scientific theory or method has attracted widespread acceptance within a relevant scientific community.

Special Forensic Science Services A number of special forensic science services are available to the law enforcement community to augment the services of the crime laboratory. These services include forensic pathology, forensic anthropology, forensic entomology, forensic psychiatry, forensic odontology, computer science, and forensic engineering.

Special Forensic Science Services Forensic Psychiatry is an area in which the relationship between human behavior and legal proceedings is examined.

Forensic Odontology involves using teeth to provide information about the identification of victims when a body is left in an unrecognizable state. Also investigates bite marks.

Forensic Engineering is concerned with failure analysis, accident reconstruction, and causes and origins of fires or explosions. It also deals with tools and tool marks. Forensic Computer Science involves the examination of digital evidence.

It’s Not Just a Career, It’s an Adventure! Classify each piece of evidence into the part of the crime lab that would process it. Let’s discuss!

Observation Scenarios

Scenario 1 Directions: Observe the picture for exactly 30 seconds. Look at everything you think might be important. After 30 seconds, you will answer questions in your notes. How observant are you? Compare your answers to the picture.

Scenario 1 Questions: What time was it on the clock? How many people were in the scene? How many males? females? Describe the person at the front of the line. Was it a man or a woman? Was he or she wearing a hat? What kind of clothes was the person wearing? Could you tell how tall the person was? Did he or she have any distinguishing features? What day of the month was it? Did you notice anything unusual in the picture?

How observant were you? Compare your answers to the picture.

Scenario 2 Watch the video and follow the directions.video More?

The Legal System

Types of Law There are several different types of law in the US criminal justice system. Statutory Law Civil Law Criminal Law Equity Law Public Law Administrative Law

Statutory Law Statutory law is written or codified law, “the law on the books” as enacted by a government body or agency having the power to make laws. Based on the constitution and precedents are set in appellate courts. The principle of recognizing previous decisions as precedents is called stare decisis.

Civil Law Civil Law deals with relationships between individuals (property, contracts). Formal means for regulating noncriminal relationships between individuals, businesses, agencies of government and other organizations. More concerned with assigning blame as opposed to establishing intent.

Civil Law For example: Contracts, marriage, divorce, wills, property transfers, negligence, and the manufacture of products with hidden hazards are all civil concerns. Individuals bring the suit to court. More concerned with assigning blame as opposed to establishing intent. In civil cases a “preponderance of evidence” is required to convict. Violations of civil law are generally punishable by fines.

Standard of Proof The standard of proof is the level of proof required in a legal action to convince the court that a given proposition is true. The degree of proof required depends on the circumstances of the proposition.proofcourt

Standard of Proof Typically, most countries have two levels of proof: the balance of probabilities (BOP), called the preponderance of evidence in the US, beyond a reasonable doubt (commonly referred to as BARD), or just beyond reasonable doubt. In addition to these, the US introduced a third standard called clear and convincing evidence.

PREPONDERANCE OF THE EVIDENCE The level of proof required to prevail in most civil cases. The judge or jury must be persuaded that the facts are more probably one way (the plaintiff's way) than another (the defendant's).

Criminal Law Deals with offenses against an individual that are deemed offensive to society, causing the state to act as the plaintiff by bringing charges against the accused Misdemeanor – a minor crime, such as theft, minor assault and battery, or possession of small amounts of certain illegal drugs.

Criminal Law Felony – a major crime, such as murder, rape, armed robbery, serious assaults, dealing illegal drugs, fraud, auto theft, or forgery. In criminal cases, “beyond a reasonable doubt” is required to convict. Violations are punishable by fines, incarceration, community service, life in prison or capital punishment.

Beyond A Reasonable Doubt The highest level of proof required to win a case. Necessary to get a guilty verdict in criminal cases. Part of jury instructions in all criminal trials, in which the jurors are told that they can only find the defendant guilty if they are convinced "beyond a reasonable doubt" of his or her guilt.

BARD Sometimes referred to as "to a moral certainty," the phrase is fraught with uncertainty as to meaning, but try: "you better be darn sure." By comparison it is meant to be a tougher standard than "preponderance of the evidence”.

Equity and Public Law Equity Law is remedial or preventative (injunction, restraining order). Public law is the regulation and enforcement of rights.

Administrative Law Administrative law is the dictated by the Internal Revenue Service (IRS), Social Security Administration, military, and health care industry.

Why do we collect evidence? To prove that a crime has been committed. To prove that a certain person(s) committed that crime(s). Isn’t it obvious that a crime has been committed? Not always.

Burglary (Old English Common Law) Breaking Entering Dwelling house Of another At night with the intent to commit a felony.

Burglary, Larceny, or Robbery? Burglary The criminal offense of breaking and entering a building illegally for the purpose of committing a crime. Larceny The unauthorized taking and removal of the Personal Property of another by an individual who intends to permanently deprive the owner of it. Robbery The taking of money or goods in the possession of another, from his or her person or immediate presence, by force or intimidation.

What are the steps in pursuing justice? Accused Bail Booked Crime Defense Felony Fingerprinted Guilty Innocent Investigate Miranda rights Plea Probable Cause Prosecution Prosecutor Scene Trial Date Warrant 72 hours

Closure Who would analyze this evidence? Blood A crumpled check Bite marks Flash drive