1. Introduction to Forensic Science
Dr. Walker

2. What is Forensic Science?
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What is Forensic Science?
The application of the laws of nature to the laws of man.
Using science to enforce the law

3. Which Science?

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A little history….
8th Century B.C. - Chinese used fingerprints to establish identity of authors and artists
1248 A.D. - First recorded application of medical knowledge to the solution of crime.
The book, Hsi Duan Yu (the washing away of wrongs), contains a description of how to distinguish drowning from strangulation.
1447 – First use of odontology (dental records)
The missing teeth of the French Duke of Burgundy are used to identify remains.
1835- First use of bullet comparisons – Henry Goddard
His comparison was based on a visible flaw in the bullet which was traced back to a mold

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A little history….
1836 – First use of toxicology in a jury trial – James Marsh
Arsenic detection – poison du jour of the 19th century
1839 – First attempt to determine time since death using body temperature
John Davy recounts experiments with dead soldiers using a mercury thermometer.
First presumptive test for blood
Christian Schonbein uses hydrogen peroxide, which reacts with hemoglobin in blood

6. A little history… 1889 – First attempt at ballistics
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A little history…
1889 – First attempt at ballistics
Alexandre Lacassagne attempts to individualize bullets to a gun barrel, based on the number of lands and grooves
Sir Edward Richard Henry develops the print classification system that would later be used in Europe and North America.
1901 – Karl Landsteiner discovers human blood groups (A, B, AB, O).

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A little history
1905 – US president Theodore Roosevelt establishes the Federal Bureau of Investigation (FBI)
1910 – Edmond Locard (known as the “father of forensic science”) establishes the first police crime laboratory in Lyon, France
FBI crime lab started
1986 – DNA is used for the first time to solve a crime.
Sir Alec Jeffreys uses DNA profiling to identify Colin Pitchfork as the murderer of two young girls in the English Midlands.

8. Lawyers and Scientists
Are all scientists lawyers?
Are all lawyers scientists?
How should they work together?
What is the effect of poor communication between lawyers and scientists?

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How we know what to use?
Science is proven through repetition of experiments and peer review
Fraudulent Science is inevitable…judges and jurors need a system to muck through it all!
View “forensics on trial” video:

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Forensic Experts
An expert is someone the court recognizes as being competent in their relevant field.
What is the expert’s role?
Oversee proper processing and analysis of evidence
Communicate findings to police and prosecutors
Communicate findings to jury/judge at trial

11. Forensic Experts Pathologist – performs autopsies
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Forensic Experts
Pathologist – performs autopsies
Toxicologist – looks for poisons in blood
Anthropologist – looks at bones
Entomologist – insects
Odontologist – forensic dentists
Each has completed training specific to their discipline

12. Standards of Expert Testimony
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Standards of Expert Testimony
Frye Standard – People in a particular field determine who is qualified as an expert.
Daubert Standard – Qualifications are presented to the judge/jury to determine if a witness is qualified as an expert.
Different states use different standards

13. Federal Rules of Evidence (FRE)
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Federal Rules of Evidence (FRE)
Rule 702. Testimony by Expert Witnesses
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case
More permissive than Frye or Daubert
Virginia uses a form of FRE 702, NOT Frye or Daubert

14. Ethics in Expert Testimony
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Ethics in Expert Testimony
Ipse Dixit
Translated from latin = “he himself said it”
Unsupported assertion by expert witness
Expert witness straying outside of area of expertise

15. Examples of Ipse Dixit
Commonwealth v. Henry, 569 A.2d 929 ( Pa. 1990) (prosecution’s odontologists testified that bite mark was sadistically inflicted)
Fisher v. State, 361 So.2d 203, 204 (Fla. Dist. Ct. App. 1978) (prosecution’s medical examiner testified that stab wounds were “more characteristics of those made by a woman”)
Commonwealth v. Graves , 456 A.2d 561, 565 ( Pa. Super. Ct. 1983) (prosecution’s forensic odontologists testified that they were able to connect scratches on victim’s back to defendant’s fingernails)
Desilvey v. State, 16 So.2d 183 (1944) (state’s toxicologists testified he was able to determine the height and age of the victim)

16. More Ethics What happens if the prosecution withholds evidence?
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More Ethics
What happens if the prosecution withholds evidence?
Disclosure
Evidence MUST NOT BE WITHHELD IF:
Favorable to accused
Reasonable probability it would change outcome

17. Sources