1. Forensics and the Law

2. Kinds of laws US Constitution
supreme law takes precedence over all other laws
Statutory law
legislative acts declaring,  commanding, or prohibiting something
these are made by governing bodies such  as Congress
Common Law (Case Law)
the body of law  made up of judicial opinions and precedents
these precedents are called stare decisis
“to stand by the decision"­ these follow  previous legal decisions
Ex. You are required to read contracts

3. Kinds of laws Equity law­ Administrative Law filed as preventative
restraining  orders
Administrative Law
Rules or laws  established by agencies (IRS,  Social  Security Administration, military, etc)

4. Civil Law vs Criminal Law
Civil law- law that deals with noncriminal suits brought to protect or preserve a civil or private right or matter Criminal law- regulation and enforcement of rights, setting acceptable limits of conduct in society

5. Civil Law
An injured party sues to receive a court-ordered remedy, such as money, property, or some sort of performance.
Anyone who is injured—an individual, corporation, or other business entity—can sue civilly.
Plaintiff. – the injured party
Defendant - the alleged wrongdoer (used in both civil and criminal law)
A defendant in a civil litigation matter must hire and pay for an attorney even if that defendant did nothing wrong. The right to a free attorney does not apply in civil litigation, so a defendant who cannot afford an attorney must represent himself or herself.
The goal of civil litigation is to compensate the plaintiff for any injuries and to put the plaintiff back in the position that person held before the injury occurred.

6. Criminal Law
A criminal prosecution takes place after a defendant violates a federal or state criminal statute
If it is a federal crime, the United States of America pursues the criminal prosecution.
If it is a state crime, the state government, often called the People of the State pursues the criminal prosecution.
As in a civil lawsuit, the alleged wrongdoer is called the defendant and can be an individual, corporation, or other business entity.
The defendant in a criminal prosecution can be represented by a private attorney or a free attorney paid for by the state or federal government if he or she is unable to afford attorney’s fees and facing incarceration
 the goal of a criminal prosecution is to punish the defendant.
Injury and a victim are not necessary components of a criminal prosecution because punishment is the objective, and there is no plaintiff. Thus behavior can be criminal even if it is essentially harmless. Society does not condone or pardon conduct simply because it fails to produce a tangible loss.

7. * As you look at the following maps and graphs please note the years the data come from and also be aware that things can change pretty drastically from year to year … all statistics should be taken with understanding that there is a context

16. Steps in Pursuing Justice
Crime is reported or discovered…. If crime observed by police officer then can go straight to arrest.
Police arrive
Investigation by police
Processing of crime scene
Search and processing of evidence
Documentation
Suspect identified

17. 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
If probable cause…
Arrest warrant obtained and booking
Miranda Rights Read
Booking - a police procedure following arrest that records basic information about the suspect, a photograph, and fingerprints and perhaps includes a lineup
Jail or Bail
Arraignment- the first act in a criminal proceeding, where the defendant where the defendant is brought before the court to hear charges and enter a plea
Usually within 72 hrs of arrest
Pleas can be guilty, not guilty, not guilty by reason of insanity, double jeopardy, or nolo contendere (no contest- admit no guilt or innocence yet accept punishment as though he or she was guilty)

18. Not guilty by reason of insanity
Depending on the jurisdiction, courts use one or a combination of the following tests for legal insanity:
The "M'Naghten Rule" - Defendant either did not understand what he or she did, or failed to distinguish right from wrong, because of a "disease of mind."
The "Irresistible Impulse" Test - As a result of a mental disease, defendant was unable to control his impulses, which led to a criminal act.
The "Durham Rule" - Regardless of clinical diagnosis, defendant's "mental defect" resulted in a criminal act.
The "Model Penal Code" Test for Legal Insanity - Because of a diagnosed mental defect, defendant either failed to understand the criminality of his acts, or was unable to act within the confines of the law.

19. The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, "No person shall be subject for the same offense to be twice put in jeopardy of life or limb “
If charged with a crime then people can still sue with civil cases
Double Jeopardy

20. Nolo contendere Latin for "no contest
does not accept or deny responsibility for the charges but agrees to accept punishment.
differs from a guilty plea because it cannot be used against the defendant in another cause of action. For example, this would avoid any possible claims from being filed in a civil lawsuit.

21. Types of Crimes More about these soon …
Violation- any time a breach of a law has a taken place
Can be minor or major crimes
Crimes are classified as infractions, misdemeanors, or felonies
Infractions- violation of a rule or law that is generally not punishable by prison
Misdemeanors- a minor crime, less than a felony.
punishable by no more than one year in jail
Fines usually range from $250 to $2500
Felony- more serious crimes that carry stiffer penalties
Punishable by more than 1 year to life in prison or even death penalty
More about these soon …

22. If it is a misdemeanor … Trial Conviction or acquittal
If convicted sentencing
If acquitted then released

23. If it is a felony …
Preliminary or evidentiary hearing
No jury
Right to cross examination and to produce favorable evidence
Judge hears evidence against defendant and decides to proceed to trial or dismiss or reduce charges due to insufficient evidence
Some states may use grand jury instead of preliminary hearing
Only prosecutor presents evidence, no cross examination
Decided by grand jury which consists of individuals sworn in to hear evidence and majority vote to indict or not indict (formally accuse) suspect
Trial
If convicted followed by sentencing hearing and prison or probation
if acquitted then released

24. Felonies Felonies are the most serious crimes.
like the intent to kill, or accompanied by an extremely serious result, such as loss of life, grievous injury, or destruction of property.
Felonies are serious, so they are graded the highest, and all sentencing options are available - execution, prison time, a fine, or alternative sentencing such as probation, rehabilitation, and home confinement.
Potential consequences of a felony conviction also include the inability to vote, own a weapon, or even participate in certain careers.

25. Misdemeanor Misdemeanors are less serious than felonies
either because the intent requirement is of a lower level or because the result is less extreme.
Misdemeanors are usually punishable by jail time of one year or less per misdemeanor, a fine, or alternative sentencing like probation, rehabilitation, or community service.
Incarceration for a misdemeanor is in jail rather than prison. The difference between jail and prison is that cities and counties operate jails, and the state or federal government operates prisons, depending on the crime. The restrictive nature of the confinement also differs between jail and prison. Jails are for defendants who have committed less serious offenses, so they are generally less restrictive than prisons.

27. Individual Rights Guaranteed by the Bill of Rights
The right to be presumed innocent until proven guilty
The right not to be searched unreasonably, either on one’s person or in one’s home
The right not to be arrested without probable cause
The right to unreasonable seizure of personal property
The right against self incrimination
The right to fair questioning by police
The right to protection from physical harm throughout the justice process
The right to an attorney
The right to trial by jury
The right to know any charges against oneself

28. Individual Rights Guaranteed by the Bill of Rights
The right to cross examine prosecution witnesses
The right to speak and prevent witnesses
The right not to be tried again for the same crime
The right against cruel and unusual punishment
The right to due process
The right to a speedy trial
The right against excessive bail
The right against excessive fines
The right to be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes

29. 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.

30. 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.

31. Burden of Proof
In US, a person is presumed innocent until proven guilty
Burden of proof is on prosecution in criminal court cases
If there is reasonable doubt that defendant committed crime then jurors are instructed to vote not guilty
Takes all 12 jury members to vote guilty to convict
Only 50% of trials lead to conviction of defendant
Only 25% of trials lead defendant serving a year or more in jail/prison

32. Facets of Guilt Try to prove suspect had:
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

33. Plea Bargaining
Plea Bargaining- an agreement in which a defendant pleads guilty to a lesser charge and the prosecutor in return drops more serious charges to avoid the cost and time of trial
Can occur at many parts of the judicial process
About 90% of cases are plea bargained

34. The Science in Forensic Science
Observe a problem or questioned evidence and collect objective data
Consider a hypothesis or possible solution to the problem based on observation, giving direction to the work plan. This step inductive reasoning, experience and imagination.
Examine, test, and analyze to support or refute a hypothesis.
Use deductive reasoning to make a determination as to the significance of the evidence.
Evaluate and verify all evidence. This step is especially critical to a forensic scientist because someone’s liberty can depend on the work. All possible errors must be stated. Consideration must be given to standardization, reproducibility, validity, reliability, and accuracy.
The Science in Forensic Science

35. Inductive Vs Deductive
Inductive Reasoning – uses patterns to arrive at a conclusion (conjecture). It starts with specifics and moves to generalities Deductive reasoning – uses facts, rules, definitions or properties to arrive at a conclusion. Starts with generalities and moves to specifics

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

38. Federal Rules for Evidence
In order for scientific evidence to be admitted in a court of law, it must be:
Probative: actually proves something
Material: addresses an issue that is relevant or significant to the particular crime
Hearsay- testimony given by a witness who relates not what he or she heard, saw, or knows personally, but what others have said
Knowledge is dependent on credibility of the person who first made the statement and is not considered reliable as it is not taken under oath and does not allow for cross examination.
NOT ADMISSABLE in CRIMINAL TRIALS yet IS ADMISSABLE in CIVIL SUITS
Federal Rules for Evidence

39. Admissability of Evidence: The Frye Standard
From the 1923 case Frye v. United States
Scientific evidence is allowed into the courtroom if it is generally accepted by the relevant scientific community (particular field of study.)
The Frye standard does not offer any guidance on reliability.
The evidence is presented in the trial and the jury decides whether it has significance to the case or not.

40. Admissibility of Evidence: The Daubert Ruling (revision of Frye Standard)
From the 1993 case Daubert v. Dow
The judge decides if the evidence can be entered into the trial. Admissibility is determined by:
Whether the theory or technique can be tested
Whether the science has been offered for peer review
Whether the rate of error is acceptable
Whether the method at issue enjoys widespread acceptance
Whether the theory or technique follows standards
Helps keep junk science (pseudoscience) out of courtroom

41. Frye and Daubert and Fingerprints
Even though fingerprints have long been generally accepted (Frye)…
the points of the Daubert ruling had to be proven
Kendall/Hunt Publishing Company

42. The Judge is the Gate-Keeper who allows or blocks the presentation of evidence.

43. Types of Evidence Class evidence Individual evidence
Not unique to a particular object but place the particular bit of evidence into a group of objects
Examples
Blood type
Gun type
Car color or make
Individual evidence
Narrow down the evidence to a single, individual source.
DNA
Gun serial number
Video evidence
Fingerprints*

44. LOCARD EXCHANGE PRINCIPLE
EVERY CONTACT LEAVES A TRACE!
Whenever two objects come into contact with each other, traces of each are exchanged.

45. Expert Witness
Expert Witness- person specializing in a particular techinical or scientific area of study
The expert witness presents scientific evidence in court. He/She will:
Establish credibility through credentials, background experience.
Evaluate evidence.
Render an opinion about the evidence (whether or not it incriminates defendant)
The court or judge may accept or reject the opinion’s significance.
Both prosecution and defense can present expert witnesses

46. The Responsibilities of a Forensic Scientist!
Help authorities decide if a crime has been  committed
Help identify the perpetrator
Bring the proof of evidence, results and  conclusions to au thorities
Evaluate evidence as an expert witness in  court
Give their educated opinion based on evidence
To be an advocate of the truth and not pick sides!