chapter 1 introduction to forensic science and the law

Chapter 1

Introduction to Forensic Science

and the Law

Chapter 1 Kendall/Hunt Publishing Company 2

You know my method. It is founded upon the observation of trifles…Sherlock Holmes, The Boscombe Valley Mystery

“You know my method. It is founded upon the observation of trifles”…Sherlock Holmes, The Boscombe Valley Mystery

Chapter 1

Today's Sherlock Holmes

Kendall/Hunt Publishing Company 3


Introduction How a crime lab works The history of forensic science Federal rules of evidence,

including the Frye standard and the Daubert ruling

The role of the forensic scientist in the criminal justice system

How the scientific method is used to solve forensic problems

The different jobs done by forensic scientists and the experts they consult.

Students will learn:


LOCARD EXCHANGE PRINCIPLE

Whenever two objects come into contact with each other,

traces of each are exchanged.


LOCARD EXCHANGE PRINCIPLE

EVERY CONTACT LEAVES A TRACE!


People of Historical Significance

Edmond Locard (1877-1966)

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.


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.


Criminalistics vs Criminology

Criminalistics 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


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 first FBI crime lab opened in 1932


Major Developments in Forensic Science History

Refer to your textbook for this! You will not need to know all of these.

200 BC--- Archimedes tested the purity of the king’s crown using density

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


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. 1953—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

Chapter 1

DISCOVERY

1732 Galvani discovers that the nervous system

transmits signals electrically

FORENSIC SCIENCE APPLICATION

1921 Lie detector built

1923 Lie Detector is inadmissible in court

13189 YEARS

Use your book to find 3 more pairs of discoveries and applications with datesList them as show below on notebook paper and hand in

Chapter 1

Is there a trend?

The pace of scientific development and application increased rapidly. Why? How does this affect forensic science?


Chapter 1

What is JUNK SCIENCE andhow do we keep junk science out of the courtroom?

We test new methods using the tenets of the scientific method



Complex Reasoning Skills

Necessary to Work Through and Solve Crimes: Deductive and Inductive Reasoning Classifying Comparing and Contrasting Problem Solving Analyzing Perspectives Constructing Support Error Analysis Statistical Interpretation of Data


Scientific Method(as it pertains to forensic science)

1. Observe a problem or questioned evidence and collect objective data.

2. Hypothesize a possible solution.

3. Experiment: examine, test, and then analyze the evidence.

4. Conclude: determine the significance of the evidence (theorize to explain observations based on impartial evaluation of the evidence)


Hypothesis: (for a specific problem)Tape used by Arnold to bind Zelda

Experiments to test hypothesis:

Hairs Fibers Blood Skin Prints Cross-transfer possible Physical match Tape analysis


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


Admissibility of Evidence1923 Frye v. United StatesScientific 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.


Admissibility of Evidence1993 Daubert v. Dow (Federal, but States follow)

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 issueThe judge decides if the evidence can be entered into

the trial.

Chapter 1

Daubert is important to scientists and court personnel

Daubert on the Web

It is what makes the application of science to law possible and reliable, timely and accurate.

It brings science and law together successfully to achieve justice.



Admissibility of Evidence1993 Daubert v. Dow (Federal, but States follow)

The Daubert ruling responded to the needs of a rapidly changing technological society…prevents unacceptable delays in acceptance of new technology (for example, DNA testing)

Helps keep “junk science” out of the courtroom.


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

Chapter 1

FBI Bullet Testing

Untested "science" = JUNK Science

Other testing being scrutinized Hair Arson Fingerprints!



Frye and Daubert and Fingerprints Even though

fingerprints have long been generally accepted (Frye)…

the points of the Daubert ruling had to be proven

Chapter 1

CSI: Myth vs Reality Use article to compare and contrast reality with

movie and television depictions Drama Responsibilities Demands Limitations of time, personnel, equipment Possibilities…what can evidence prove, what are the

limits? Work environment etcetera

27

Chapter 1

CSI vs. Reality As a group, read your section of the article Present bullet points to the class For some sections summarize with bullets For most sections…this will work


MMYTH REALITY


Crime Lab Services Drugs Physical Science Unit

Trace Evidence Biology Unit

Hairs Serology DNA

Firearms Unit Document Examination Unit Photography Unit Toxicology Unit Latent Fingerprint Unit Polygraph Unit Voiceprint Analysis Unit Evidence Collection Unit


Other Forensic Science Services

Forensic Pathology (causes of death) Forensic Entomology (insects) Forensic Odontology (teeth) Forensic Engineering (product failure) Cybertechnology (computer crime) Forensic Anthropology (bones)


Major Crime Laboratories

FBI (Federal Bureau of Investigation) through the DOJ (Dept. of Justice)

DEA (Drug Enforcement Agency) through DOJ

State, county, or city labs ATF (Alcohol, Tobacco, and Firearms)

through Dept. of the Treasury U.S. Postal Service U.S. Fish and Wildlife Service


Crime Laboratory 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 Lab Experts

pathologist serologistDNA expert toxicologistforensic odontologist forensic anthropologistforensic psychologist forensic entomologistfirearm examiner bomb and arson expertdocument and handwriting experts fingerprint expertclandestine lab experts accident/crime

reconstruction

Chapter 1

PA State Police Crime Labs


Chapter 1

Present

Place your work under the cameraIntroduce yourselves with your full

nameTake turns presenting the information



The Role of the Forensic ScientistUse scientific analyses to help

determine If a crime was committed How it was committed Who was involved

Present conclusions in a written report and provide opinion and interpretation as an expert witness in court


The Role of the Forensic Scientist Acts as an impartial advocate for the truth Prepares a written report and provides

appropriate opinion and interpretation Serves as an expert witness in court who

presents conclusions within the limits of scientific certainty

The scientist only presents the evidence…the judge or jury determines the significance of the evidence in determining guilt or innocence


It all comes down toThe Big Question…

Can you testify to your results with a reasonable degree of scientific certainty?

Chapter 1

Your next assignment….Expert Witness Testimony for Dummies

Chapter 1

Expert Witness Book for Dummies:use color, illustrations, and creativity! Fold two pieces of white paper in half together to

create an 8 page booklet. P 1 Cover p 2 Introduction p 3 Who's who in the courtroom p 4 Courtroom layout p 5 Appearance and demeanor of an expert witness p 6 Presentation skills and qualifications pp 7 and 8 Testimony tips...how to play the mental

game of our adversarial court system

Chapter 1

Expert Witness for Dummies8 pages in format givenBullets to highlight important ideas from

article (as assigned for each page)Clip art or pictures to clarify and draw interestUse color to emphasize points and make it

attractive and interestingYou may add things to your book as you talk

to others


Chapter 1

Now…YOU are the EXPERTThink of a subject on which you are an

EXPERTIt could be

A job A hobby A sport A subject A skill Etc.


Chapter 1

You will testify in Mock Court!Write 5 questions to demonstrate and

establish your expertiseWrite one set on the form and a legible

duplicate on notebook paper for the direct examination

Be ready to define and describe tour assigned term

You will be asked 3 questions to challenge your expertise!

47

Chapter 1

You will testify in Mock Court!Hand in both sets of questions on the first

day of courtCome dressed for court on the first day of

courtCome ready to cross-exam, with 3

challenging questions written down. Put your name and the expert’s name on this and mark if you stumped the expert. Hand in with your witness notes

48

Chapter 1

Jurors keep a record!


Witness Presentation Scale of 4

DemeanorScale of 4

Field of expertise /Qualified?

Forensic Term

Arnold 4 2 Cooking, yes ballistics

Zelda 3 4 Softball, yes fingerprints

Chapter 1

Apply skills from Expert Witness BookExude confidence without being arrogant! Speak loudly and clearly and make eye-contact

with jury Speak to jury in complete sentences that restate

the question Maintain an impartial, even demeanor in all

circumstances TELL THE TRUTH! Behave respectfully in dress and manner



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


“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


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


The Bill of RightsGives 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 from 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


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 1966. 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.


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.


Types of Crimes

Infraction Misdemeanor Felony

chapter 1 introduction to forensic science and the law

Documents

law slide

forensic science history

forensic medicine

forensic laboratory

forensic problems

forensic scientists

word forensic

boscombe valley mystery