CRIMINALISTICS

Chapter 1Definition and scope of Forensic Science

FORENSIC SCIENCE

•Application of science to the law•Society is dependant on rules of law•Applies knowledge and technology to

enforcement of laws•Science is used to help solve the

argument in the criminal justice system•Science is accurate and objective

FORENSIC SCIENCE

•The application of science to those criminal and civil laws that are enforced by police agencies in a criminal justice system

•This course▫Chemistry, Biology, Physics, and Geology

useful for determining evidential value of crime scene and related evidence

FORENSIC SCIENTISTS•Aka criminalist•Can appear for either side•Can appear in criminal or civil matters•Tend to present findings in written reports•Can attend and testify in person•Give objective opinion of evidence analysis• Integral part of criminal justice system•TV shows• Juries expect forensic scientists to be

experts in all areas now because of TV shows like CSI

TYPICAL INVESTIGATION

•Crime scene investigators▫Gather evidence from:

Crime scene Suspect Victim

•Forensic Scientists▫Examine evidence▫Provide scientific findings

INVESTIGATION•Investigative skills necessary•Knowledge of laws & their application

in court•Ability to imagine events•Knowledge of the elements of proof of

the offence•Knowledge of the scientific techniques

available & ability to draw conclusions

FORENSIC SCIENCE

•Criminalistics▫Seems more descriptive▫Terms used interchangeably▫3 types of evidence

Trace evidence Transfer evidence Physical evidence

PHYSICAL EVIDENCE•Articles of materials•Found in conjunction w/a criminal

investigation•Assists in identifying the suspect or in

determining the circumstances under which a crime was committed

•Sources of Physical Evidence:▫Crime scene▫Suspect(s)▫Victim(s)

HOW AN ITEM BECOMES PHYSICAL EVIDENCE

•Before an object can become evidence, it must be recognized by the investigator as having a relationship to the crime committed

EXAMPLES OF PHYSICAL EVIDENCE•BLOOD•HAIR•FIBERS•PAINT •GLASS•FIREARMS EVIDENCE•IMPRESSIONS•FLAMMABLE SUBSTANCES•ETC.

LEGAL REQUIREMENTS OF PHYSICAL EVIDENCE

•Item must be properly identified•Chain of custody must be proved•Competency must be proven

INVENTORY

•Physical evidence inventory•Case Reference data•Item number•Brief description•Where found•Witnesses•Serial numbers (if any)

GENERAL MARKING PROCEDURES•LARGE SOLID OBJECTS

▫MARK WITH INITIALS•SMALL SOLID OBJECTS

▫PLACE IN CONTAINER AND SEAL▫MARK WITH INITIALS

•LIQUIDS▫KEEP IN ORIGINAL CONTAINER▫SEAL AND MARK

CHAIN OF CUSTODY RULE

•The party seeking to introduce into evidence the results of examination of evidence has the burden of proving that the specimen or object is in fact derived from or taken from the particular person or place.

•This proof is customarily shown by testimony which traces the location and custody of the specimen.

CHRONICLE OF CUSTODY

•THE STEPS IN THE CHAIN INCLUDE▫THE INITIAL POSSESSION BY AN

OFFICER▫THE METHOD OF STORAGE▫THE JOURNEY TO THE LAB▫THE METHOD OF STORAGE AT LAB▫THE POSSESSION OF UNUSED PORTION

UNTIL PRESENTED IN COURT

PROOF OF CHAIN OF CUSTODY

THE INVESTIGATOR▫HE TOOK THE EXHIBIT, IDENTIFIED IT,

PLACED IN SEALED CONTAINER, MARKED FOR IDENTIFICATION

▫THE EXHIBIT REMAINED IN HIS CARE CUSTODY OR CONTROL UNTIL DELIVERED TO LAB

SCIENTIFIC REQUIREMENTS OF PHYSICAL EVIDENCE•Adequate sample must be provided•Sufficient standards (knowns) must be

provided•Sample integrity must be maintained

HISTORY

•Individuals developed techniques and principles to identify and compare physical evidence

•Individuals who merged these principles into a coherent discipline to be applied practically to criminal justice

Sir Arthur Conan Doyle• Sherlock Holmes (fictional)• First applied

▫Serology▫Fingerprinting▫Firearms identification▫Questioned documents

• Used forensic science techniques in fiction long before they were used in real life

• First Novel (A study in Scarlet) (1887)▫Section in book (serology)

• The Sign of Four▫Transfer evidence

Contributors to Forensic Science•Many individuals contributed•Physicians were among the first

contributors due to their access to microscopes

•Development in US was slow

Paul Revere•1776•Identified body of General Warren,

Revolutionary War General who sent William Dawes & Revere on their famous “Midnight Ride”

•Identification was made 10 months after burial using silver dentures which Revere made for Warren

•Is the 1st record of post-mortem identification by forensic odontology

Mathieu Orfila (1787-1853)

•Father of forensic toxicology•Renown teacher of medicine•Native of Spain taught in France•Published treatise on detection & effects

of poisons in animals

Alphonese Bertillon (1853-1914)•First scientific system of personal

identification•1879 Anthropometry•Used series of body measurements to

identify individuals•System based on adult body

measurements that he said do not change.

•Called system Anthropometry•Replaced by fingerprinting•Father of criminal identification

Francis Galton (1822-1911)

•First definitive study of fingerprints•Developed methodology for classifying

and filing ( the Henry system was better)•Published book titled “Finger Prints”•Statistical proof supporting uniqueness

for personal identification•Three basic principles of fingerprinting

FINGERPRINT BASICS•EVERYONE HAS FINGERPRINTS

•FINGERPRINTS DO NOT CHANGE DURING A PERSONS LIFE – except for scarring

•EACH FINGERPRINT IS INDIVIDUAL

Leone Lattes (1887-1954)•1901 Dr. Karl Landsteiner discovered

blood can be grouped▫A, B, O, AB

•1915 Dr. Lattes developed a similar procedure to determine group of a dried blood stain

•He immediately applied this technique to criminal investigations

Dr. Calvin Goddard•Physician•US Army Colonel•Became leading firearms examiner•Established use of comparison microscope

as indispensable tool of modern firearms examinations

•Served as director of first Forensic Science Laboratory in America at Northwestern University in Chicago

Albert Osborn (1858-1946)

•Developed fundamental principles of Document examination

•Responsible for acceptance of documents as scientific evidence by courts

•Authored first significant text (Questioned Documents)

•Book still used a primary reference

Rutherford B. H. Gradwohl (1877-1959)•Physician•Organized American Academy of Forensic

Sciences (1948)•Turning point and beginning of modern

Forensic Sciences in America

History •1621 Pilgrims in Mass.•1639Law regulating medical practice

(Va)•1666Coroners appointed in Md.•1691Servant killed and robbed man,

executed despite test of innocence (touch)

•1691Six surgeons ordered to autopsy governor of New York

History

•1692Salem witchcraft trials (20 executed)•1849 Burned body identified with

bones and teeth•1853Poisoning detected by chemist•1877Medical examiner system replaced

coroner in Mass.

History

•1883Medico-legal journal published NY•1887Electric bullet detector devised•1896X-Rays admitted into evidence•1898Handwriting used to implicate •1903Evidence on firearms and bloodstain

History

•1915Firearms evidence at trial•1924Leopold & Loeb case (Documents)•1927 Psychiatric testimony in murder•1929St Valentine’s day massacre

(stimulated Dr. Goddards laboratory)

•1931Scottsboro boys cases•1932FBI Laboratory established

History

•1932Charles Lindbergh, Jr. kidnapped and killed (Wood evidence and Documents)

•1935AL Dept of Toxicology established•1943Murder solved by serology•1948Alger Hiss espionage trial

(Psychiatric and Document evidence)

Walter C. McCrone

•Worlds Preeminent Microscopist•Applied microscopy to analytical

problems, especially forensics•Sought after as instructor•Educated thousands of forensic scientists

throughout the world in the application of microscopic techniques

Hans Gross (1847-1915)•Treatise (a formal and systematic exposition in

writing of the principles of a subject, generally longer and more detailed than an essay) describing application of science to criminal investigation

•Was a prosecutor•Detailed assistance investigators could

expect from various fields of science•Introduced a forensic journal still

published

Edmond Locard (1877-1966)• Demonstrated how Gross’ principles could be

incorporated into workable laboratory• Educated in Medicine and Law• 1910 Lyons Police Dept. gave two rooms and

two assistants to start police laboratory• Initially had microscope and spectrometer• Founder and Director of Institute of

Criminalistics at the University of Lyon• Locard’s Exchange Principle

▫Any time there is contact there is a mutual exchange of material across the contact boundary

• Locard’s success served as impetus to form other laboratories

Los Angeles PD Lab (1923)

•Oldest US Forensic Lab•Created by August Vollmer (chief of

Berkley)•Headed institute for criminology and

criminalistics at Berkley•Lacked status in University until school of

criminology was formed in 1948

Paul Kirk (1902-1970)

•Headed criminalistics department at Berkley

•Famous Criminalist•Said:

▫A criminal cannot go into a scene without taking something with him or leaving something behind

FBI Laboratory•Established in 1932•J. Edgar Hoover first Director•Aimed to offer forensic services to all law

enforcement agencies in country•Now worlds largest forensic facility, even

though they do very little of the actual investigations (b/c of crime labs at state & local levels) unless it’s a federal case

•1981 set up research and training facility (Hanible Lector)

WV State Police Crime LabThe Laboratory is composed of seven

specialized sections that provide the following services: - Drug Identification Section- Toxicology Section- Trace Evidence Section- Biochemistry Section- Latent Fingerprint ID Section- Firearm/Toolmarks ID Section

- Questions Documents Section (Include footprint & tire impressions)

Marshall University Forensic Science Center•First university to partner with a state

crime lab on developing and maintaining a CODIS (Combined DNA Identification System) database

WVU – Forensics & Biometrics Gateway•Forensic & Investigative Science

▫One of only 9 nationally accredited undergraduate programs in the country (as of ’94)

▫Curriculum focuses on the forensic examiner

▫Trains students in the collection, scientific analysis, and evaluation of evidence collected at a crime scene or other relevant location to be used in criminal and/or civil law cases.

•Biometric Systems - Applies engineering principles and technology to develop secure systems to deter crime.

•Criminology & Investigations - Engages students in understanding how crimes are prosecuted and punished.

•Forensic Accounting & Fraud Investigation - Applies investigative techniques to business record to trace the commission of a crime.

THE CRIME LABORATORY

•What is a crime laboratory?▫In some jurisdictions may be identification

bureau▫In some a complex and sophisticated

organization with multiple functions▫Most lie somewhere in between

•No universal formula for establishment or operation of crime laboratory

THE CRIME LABORATORY

Development in US- rapid growth- lack of planning and cooperation (both

nationally & regionally)- Approximately 320 laboratories

Federal, State, Local- Threefold increase since 1966

THE CRIME LABORATORY•There is no one model of a crime laboratory

▫Can be part of a police department▫Can be under District attorneys office▫Can be part of medical examiners or coroners▫Can be affiliated with University▫Can be Independent

•“It must also be understood that all criminalistics examinations are made as much in behalf of the defendant or suspect as for the law enforcement agency” - Paul Kirk

THE CRIME LABORATORY•Have been organized by:

▫Those who saw the potential application▫Those pressed by increasing demand

•Supreme court decisions in 1960’s had impact:▫Greater emphasis on scientific

evaluation of evidence▫Requirements to advise suspects of

constitutional rights

THE CRIME LABORATORY

•Reasons for growth▫Increase in crime rates

Small percent of investigations generate scientific evidence

▫Increase in drug related arrests▫Advent of DNA profiling

Codis

THE CRIME LABORATORY

•Federal System▫FBI, ATF, DEA, US Postal Service

•State Systems▫State wide system of regional and satellites

•Local Laboratories▫Serve county or municipal jurisdictions

THE CRIME LABORATORY

•Fundamentals▫No single best way to set up or equip a

crime laboratory▫There is no single system of operation of

the criminalistics operation▫There are general rules of universal

application▫There are fundamental purposes of the

operation

THE CRIME LABORATORY• Purposes of operation

▫To discover, collect, and preserve physical evidence

▫To maintain and establish a chain of evidence possession

▫To provide complete security of evidence▫To ensure that evidence is subjected to all useful

examinations▫To interpret all revealed facts consistently and

completely as possible▫To provide accurate, clear, opjective, and

understandable court presentations of findings▫To furnish counsel and assistance on all

technical matters to officials responsible

SERVICES OF THE CRIME LABORATORY•Labs developed independently therefore a

wide variation in services offered▫Variations in local laws▫Different capabilities to organization to

which the laboratory is attached▫Budgetary and staff limitations

BASIC SERVICES

FULL SERVICE CRIME LABORATORY

PHYSICAL SCIENCE UNIT

•Applies chemistry, physics, and geology to comparison and identification of evidence

•Analyze diverse samples▫Drugs, glass, paint, explosives, soil

•May be divided into sections for specialties▫Generalist vs. Specialist

BIOLOGY UNIT

•Identification and DNA profiling of blood stains

•Examination of other body fluids for DNA•Blood spatter studies•Comparison of hair & fibers•ID & comparison of botanical materials

(ex. wood & plant)_

FIREARMS UNIT

•Examination of firearms•Examination of projectiles and cartridges•Examination of clothing (GSR)•Toolmarks•Serial number restoration

DOCUMENT EXAMINATION UNIT•Handwriting•Typewriting•Analysis of paper and ink•Altered documents

PHOTOGRAPHY UNIT

•Examine and record evidence•Use highly specialized equipment

▫Digital imaging, IR, UV, X-Ray, Video•Prepare photographic exhibits for court

TOXICOLOGY UNIT

Body fluids or organs examined for drugs and poisons

May be under office of medical examinerMay include implied consent unit

Intoxilyzer (Breath alcohol)

LATENT FINGERPRINT UNIT

•Process and examine evidence for latent fingerprints

POLYGRAPH UNIT

•Lie detector•Initially under the laboratory •Recently placed under investigation

VOICEPRINT ANALYSIS

•Tie voice to a suspect•Uses sound spectrograph, an instrument

that transforms speech into a visual graphic

EVIDENCE COLLECTION UNIT

•Incorporating evidence collection into lab is gaining recognition

•Trained personnel collect evidence•May be civilian or sworn •Evidence is later processed at lab

FUNCTIONS OF FORENSIC SCIENTISTS

ANALYSIS OF PHYSICAL EVIDENCE

FORENSIC SCIENTIST

•Skilled in applying principles and techniques of physical and natural sciences

•Be aware of constraints of judicial system•Procedures must rest on scientific

foundation•Must satisfy admissibility established by

court

EXPERT TESTIMONY

•Court has wide discretion in accepting an expert witness

•Witness must establish that possesses a skill or knowledge that will aid in determining the truth

•Court will consider experience, training, and education

EXPERT TESTIMONY•Qualifying questions are asked of witness•Competency established by

▫Education▫Special courses▫Professional societies▫Books or articles published▫Years experience▫Training on the job

EXPERT TESTIMONY•Opposing attorney may cross examine

▫Voire dire•Most courts reluctant to disqualify expert•When background or credentials are

ambiguous it may effect the weight given testimony

•Opinions may be accepted or ignored by jury

EXPERT WITNESS•Opinion is based on training and

experience to offer reasonable scientific certainty

•Must be willing to discuss factors that minimize significance of evidence

•Forensic scientist is advocate for the truth not one party

•Defense able to present experts•Judge and jury must weigh pros and cons

and make decision of guilt or innocence

TRAINING FOR COLLECTION AND PRESERVATION OF EVIDENCE

EVIDENCE TECHNICIANS

Reason for training

•Forensic science is of little value if evidence not properly collected

•Response has been to dispatch evidence collection technicians to scene

•Growing number of laboratories and police agencies keep these on 24 hour call

•Trained by laboratory staff

TRAINING

•Administratively assigned to lab to facilitate training

•Get continued exposure to techniques•Have proper tools at their disposal

TRAINING

•Many police agencies do not use lab collections

•Police officer is assigned to collection•Effectiveness will be dependant on

training•Need to make maximum use of crime lab

personnel in training•Each need to be aware of other

TRAINING

•Difficult and time consuming to train all officers extensively

•Familiarity can be gained through lectures periodically

•Evidence collection manuals are available•Appendix I of textbook summarizes some

of these procedures

OTHER FORENSIC SCIENCE SERVICES

FORENSIC PATHOLOGY•Investigation of sudden, unnatural,

unexplained, or violent deaths•May be charged with answering:

▫Who is victim▫What injuries are present▫When did injuries occur▫Why and how did injuries occur▫What is cause of death

PATHOLOGY• Autopsy usually used to determine cause of

death• AUTOPSY

▫ The medical dissection and examination of a body in order to determine the cause of death

• Cause of death is the mechanism that actually caused death.▫ Gunshot wound, blunt force trauma, ▫ Arteriosclerotic cardiovascular disease

• Manner of death is based on circumstances surrounding the incudent▫Natural▫Homicide▫Suicide▫Accident▫Undetermined

PATHOLOGY• Body goes through several stages of decomposition• Livor Mortis

▫ Blood settles to parts of body closest to ground▫ Skin will appear dark blue or purple▫ Begins immediately continues for up to 12 hours▫ If body is restricted by clothing or pressing against object

will not discolor▫ Useful in determining position after death

• Rigor Mortis▫ The medical condition that occurs after death and results in

the shortening of muscle tissue and the stiffening of body parts

▫ Manifests within 24 hours disappears within 36 hours• Algor mortis

▫ Process by which a body cools until it reaches ambient temperature

▫ Rate of cooling influenced by: Size, clothing, weather

▫ Only an estimate▫ Will loose heat at 1- 1/2 degrees F per hour

PATHOLOGY

•Other factors▫Potassium levels in vitreous▫Amount of food

FORENSIC ANTHROPOLOGY

•Primarily concerned with identification and examination of skeletal remains

•Bones are durable•Can reveal:

▫Sex, origin, age, race, injury, etc•Facial reconstruction•Identification at mass disasters

FORENSIC ENTOMOLOGY

•The study of insects•Used to estimate time of death•Affected by environmental conditions•Not always straightforward

FORENSIC PSYCHIATRY

•Relationship between human behavior and legal proceedings

•Civil – are people competent to make decisions ( wills, contracts, medical, etc)

•Criminal – behavioral disorders and competency to stand trial

•Behavioral profiling

FORENSIC ODONTOLOGY

Provide information about identification through dental examination

Criminal investigation of bite mark evidence

FORENSIC ENGINEERING

•Failure analysis•Accident reconstruction•Causes or origins of fires or explosions