1. Chapter 1 Introduction to Forensic Science and the Law
“In school, every period ends with a bell. Every sentence ends with a period. Every crime ends with a sentence.”
—Stephen Wright, comedian
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Introduction
Students will learn:
How a crime lab works
The growth and development of forensic science through history
Federal rules of evidence, including the Frye standard and the Daubert ruling
Basic types of law in the criminal justice system
Students will be able to:
Describe how the scientific method is used to solve forensic problems
Describe different jobs done by forensic scientists and the experts they consult.
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Forensic Science
The study and application of science to matters of law.
Includes the business of providing timely, accurate, and thorough information to all levels of decision makers in our criminal justice system.
The word forensic is derived from the Latin “forensis” meaning forum, a public place where, in Roman times, senators and others debated and held judicial proceedings.
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4. Criminalistics vs Criminology
the scientific examination of physical evidence for legal purposes.
Criminology
includes the psychological angle, studying the crime scene for motive, traits, and behavior that will help to interpret the evidence
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5. Crime Lab—Basic Services
Physical Science Unit
Chemistry
Physics
Geology
Biology Unit
Firearms Unit
Document Examination Unit
Photography Unit
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6. Crime Lab—Optional Services
Toxicology Unit
Latent Fingerprint Unit
Polygraph Unit
Voiceprint Analysis Unit
Evidence Collection Unit
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7. Other Forensic Science Services
Forensic Pathology
Forensic Anthropology
Forensic Entomology
Forensic Psychiatry
Forensic Odontology
Forensic Engineering
Cybertechnology
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8. Major Crime Laboratories
FBI – Federal Bureau of Investigations
DEA – Drug Enforcement Agency
ATF – The Bureau of Alcohol, Tobacco, & Firearms
U.S. Postal Service
U.S. Fish and Wildlife Service
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Crime Lab History
First police crime lab in the world was established in France in 1910 by Edmond Locard
First police crime lab in the U.S. opened in 1923 in Los Angeles
The Scientific Crime Detection Lab was founded in Evanston, Illinois in 1929
The first FBI crime lab opened in 1932
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10. Major Developments in Forensic Science History
700s AD — Chinese used fingerprints to establish identity of documents and clay sculptures
~1000—Roman courts determined that bloody palm prints were used to frame a man in his brother’s murder
1149—King Richard of England introduced the idea of the coroner to investigate questionable death
1200s—A murder in China is solved when flies were attracted to invisible blood residue on a sword of a man in the community
1598—Fidelus was first to practice forensic medicine in Italy
1670—Anton Van Leeuwenhoek constructed the first high-powered microscope
1776—Paul Revere identified the body of General Joseph Warren based on the false teeth he had made for him
1784—John Toms convicted of murder on basis of torn edge of wad of paper in pistol matching a piece of paper in his pocket
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11. Major Developments in Forensic Science History
1859—Gustav Kirchhoff and Robert Bunsen developed the science of spectroscopy.
1864—Crime scene photography developed
1879—Alphonse Bertillon developed a system to identify people using particular body measurements
1896—Edward Henry developed first classification system for fingerprint identification
1900—Karl Landsteiner identified human blood groups
1904—Edmond Locard formulated his famous principle, “Every contact leaves a trace.”
1922—Francis Aston developed the mass spectrometer.
1959—James Watson and Francis Crick discover the DNA double helix
1977—AFIS developed by FBI, fully automated in 1996
1984—Jeffreys developed and used first DNA tests to be applied to a criminal case
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12. People of Historical Significance
Edmond Locard ( )
French professor
Considered the father of criminalistics
Built the world’s first forensic laboratory in France in 1910
Locard Exchange Principle
Whenever two objects come into contact with each other, traces of each are exchanged.
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Crime Scene Team
A group of professional investigators, each trained in a variety of special disciplines.
Team Members
First Police Officer on the scene
Medics (if necessary)
Investigator(s)
Medical Examiner or Representative (if necessary)
Photographer and/or Field Evidence Technician
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Crime Scene Team
Team Members, continued
Lab Experts
Pathologist – a physician with specialized training in determining the cause & manner of death by performing an autopsy.
Serologist – studies body fluids
DNA expert
Toxicologist – drugs & poisons
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Crime Scene Team
Team Members, continued
Lab Experts
forensic odontologist –bite marks & dental identification of corpses
forensic anthropologist – the study of skeletal remains to determine age, sex, race, & identification
forensic psychologist – evaluate & test patients that have been incarcerated or are being prosecuted; a forensic psychologist is frequently appointed by the court to assess a defendant's competency to stand trial.
forensic entomologist - studies insects
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Crime Scene Team
Team Members, continued
Lab Experts
firearm examiner - guns
ballistics expert –studies the motion, behavior, & effects of projectiles
bomb and arson expert – explosives & flammables
fingerprint expert
document and handwriting experts
Palynology expert – trained in the study of pollen & spores
Polygraph expert - trained in the use of a “lie detector” – (an instrument that records electrical signals form the heart, breathing, & conductivity of the skin)
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17. Scientific Method (as it pertains to criminalistics)
Observe a problem or questioned evidence and collect objective data.
Consider a hypothesis or possible solution.
Examine, test, and then analyze the evidence.
Determine the significance of the evidence.
Formulate a theory based on evaluation of the significance of the evidence
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18. Complex Reasoning Skills
Necessary to Work Through and Solve Crimes:
Deductive and Inductive Reasoning
deductive reasoning is going from a general case down to a specific instance
inductive reasoning involves making generalizations based on a limited number of observations
Classifying
Comparing (how are 2 or more things alike) and Contrasting (how are 2 or more things different)
Problem Solving
Analyzing Perspectives
Constructing Support
Error Analysis (statistics)
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19. Laws that Pertain to the U.S. Criminal Justice System
The U.S. Constitution
Statutory Law
Common Law or Case Law
Civil Law
Criminal Law
Equity Law
Administrative Law
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Laws
The U.S. Constitution
The supreme body of laws that governs our country; overrules constitutions of individual states
Statutory Law
Legislative acts declaring, commanding, or prohibiting something; based on the U.S. Constitution.
Common or Case Law
Law made by judges based on precedents set in appellate courts
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Laws
Civil Law
aka private law; deals with relationships between individuals (contracts & property)
Criminal Law
aka public law; concerned with offenses against individuals that are deemed offensive to society; the state becomes the plaintiff.
Equity Law
remedial or preventive; ex: injunctions or restraining orders
Administrative Law
Includes rules or laws established by the Internal Revenue S, Social Security Administration, or branches of the military.
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22. The Bill of Rights Gives individuals the right:
To be presumed innocent until proven guilty
Not to be searched unreasonably
Not to be arrested without probable cause
Against unreasonable seizure of personal property
Against self-incrimination
To fair questioning by police
To protection from physical harm throughout the justice process
To an attorney
To trial by jury
To know any charges against oneself
To cross-examine prosecution witnesses
To speak and present witnesses
Not to be tried again for the same crime
Against cruel and unusual punishment
To due process
To a speedy trial
Against excessive bail
Against excessive fines
To be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes
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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.
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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.
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Types of Crimes
Infraction
Violation of a rule or law that is not punishable by incarceration.
Misdemeanor
Minor crime such as theft, minor assault, or possession of small amounts of illegal drugs
Felony
Major crime such as murder, rape, armed robbery, dealing in illegal drugs, auto theft, or forgery.
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26. Federal Rules of Evidence
In order for evidence to be admissible, it must be:
Probative—actually prove something
Material—address an issue that is relevant to the particular crime
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27. Admissibility of Evidence
1993 Daubert v. Dow
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 opinion is relevant to the issue
The judge decides if the evidence can be entered into the trial.
1923 Frye v. United States
Scientific evidence is allowed into the courtroom if it is generally accepted by the relevant scientific community. The Frye standard does not offer any guidance on reliability. The evidence is presented in the trial and
the jury decides if it can be used.
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Facets of Guilt
Try to prove:
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
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“If the Law has made you a witness, remain a man (woman) of science.
You have no victim to avenge, no guilty or innocent person to ruin or save.
You must bear testimony within the limits of science.”
—P.C.H. Brouardel
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