2. Civil vs. Criminal Law CIVIL LAWCRIMINAL LAW  filed by a private party. o a corporation o an individual person  Penalty: a guilty defendant pays the plaintiff for losses caused by their actions. o no incarceration  filed by the government  Penalty: a guilty defendant is punished by o incarceration (in jail/prison) o fine paid to the government o execution (death penalty)  Crimes are divided into 2 classes: o misdemeanors - less than 1 year incarceration o felonies - sentence of 1+ year

3.  Direct Evidence = Eyewitness Testimony ◦ “I saw her do it!” “I heard him say it!” ◦ Eyewitness testimony is nonphysical evidence.  Indirect Evidence = Physical Evidence ◦ “The victim’s hair was found on the defendant’s clothing.” ◦ “The defendant’s DNA was found at the crime scene.”  Evidence generated by criminal activity is real evidence.

4.  Pros: ◦ Easy to understand ◦ It appeals to our common sense  Cons: ◦ Witnesses can be wrong ◦ Witnesses can lie ◦ Witnesses can be biased

5.  Cons: ◦ Science (and scientists) can be hard for juries (and even judges) to understand ◦ If evidence isn’t collected or tested properly, the conclusions drawn from it can be wrong ◦ If there is some evidence that isn’t collected or some test that isn’t performed, then the conclusions drawn from what was collected can be wrong

6.  PRO: Physical Evidence can be analyzed scientifically ◦ Science is not biased ◦ Science is logical, not emotional ◦ Science is repeatable and can be demonstrated to work again and again ◦ Conclusions drawn from good science can be trusted

7.  Identification: ◦ Attempts to determine the identity of the evidence (especially if unknown evidence) to as high a degree of certainty as possible  Examples:  What did this hair come from?  When the fire spread, was the accelerant kerosene or gasoline?  Is this a blood stain?  What is this unknown fiber

8.  Comparison: ◦ Determines if two objects (the evidence and a standard) have a common origin (are made of the same materials, come from the same factory, were both at the crime scene, were both fired from the same weapon, etc)

9.  Evidence that is not unique  Not used to identify a person  An examiner can only figure out if the evidence being analyzed belongs to a particular group ◦ Examples:  Blood Type  Car Make and Model  Hair Color  Clothing fibers  Soils  Illegal drugs

10.  Evidence that connects to a specific individual  Unique  The evidence identifies the individual.  This piece of evidence can’t be linked to anyone else. ◦ Examples:  DNA  Custom Paint on a Car  Fingerprints

11. ORGANIZATION of a CRIME LABORATORY

12.  Drugs ◦ Identify the type of drugs  Glass ◦ Particles being transferred from suspect to the crime scene or the crime scene to the suspect. ◦ Glass containing bullet holes or other projectiles  Explosives ◦ Identifies the explosive ◦ Examines the charred remains of the explosion.

13.  Impressions ◦ Markings from:  Tires  Shoes  Fabric  Teeth  Petroleum products ◦ Accelerants in arson ◦ Grease, oils found at the crime scene

14.  Plastic bags ◦ Associated with homicides and drug cases ◦ Identified with similar bags in the possession of a suspect.  Plastics, rubbers and other polymers ◦ composition may be unique to a manufacturer.  Powder residue ◦ Indicates firearm use.

15.  Soil and Minerals ◦ link a person to a location  Vehicle lights ◦ Lights at accidents are checked to see if they were being used  Fingerprints ◦ Examination of visible, latent or plastic prints.  Serial Numbers ◦ Identifies stolen property ◦ Filed down or altered numbers can be recovered

16.  Blood, Semen, Saliva: ◦ Identifies individuals who may have been present at a crime scene.  Wood and vegetative matter ◦ Wood, sawdust, shaving, leaves, flowers can link a person to an area.  Fibers ◦ Natural or synthetic fibers that are transferred at the crime scene.

17.  Firearms & ammunition ◦ Weapons ◦ Ammunition ◦ Casings ◦ Bullet holes  Tool Marks ◦ scrapes and scratches on a surface will match the tool that made it.

18.  Documents: ◦ Handwriting and typing ◦ checks for authenticity of author ◦ Inks and paper ◦ checks for composition and age. ◦ Related items, charred, burned or altered documents.

19.  Organs & Physiological fluids ◦ Detects drugs and poisons ◦ Metabolic disorders

20. Evidence Collection

21.  Cross contamination with another vehicle or person can transfer the following: ◦ tissues ◦ blood ◦ hair ◦ soil ◦ paint ◦ broken glass ◦ fabric impressions  Evidence is located by: ◦ Vacuums ◦ Scraping ◦ Visual examination of the area

22.  Evidence from the Scene: ◦ Broken glass ◦ Blood ◦ Weapons ◦ Rope, tape ◦ Victims clothing ◦ Fingernail scrapings ◦ Head and pubic hairs ◦ Blood ◦ Vaginal, anal and oral swabs ◦ Recovered bullets

23.  Each item must be packaged separately ◦ Plastic pill bottles are useful for:  Hairs  Glass  Fibers  Other types of trace or small evidence ◦ Manilla envelopes, glass vial or pill boxes are also useful ◦ Specialized Containers are required for:  Bloody Clothes: Need to be placed in paper bags.  Arson Residue: Glass or metals containers with sealed lids.