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
§ Forensic Science Definition:
§ 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:
Criminology:
§ Evidence is anything that tends to establish or disprove a fact. Evidence can include:
Crime Lab—Basic Services
§ Physical Science Unit
§ Chemistry
§ Physics
§ Geology
§ Biology Unit
§ Firearms Unit
§ Document Examination Unit
§ Photography Unit
Crime Lab—Optional Services
§ Toxicology Unit
§ Latent Fingerprint Unit
§ Polygraph Unit
§ Voiceprint Analysis Unit
§ Evidence Collection Unit
§ Forensic Pathology:
§ Forensic Anthropology:
§ Forensic Entomology:
§ Forensic Psychiatry:
§ Forensic Odontology:
§ Forensic Engineering
§ Cybertechnology
Ø Ballistics- the science that deals with the motion, behavior, and effects of projectiles, most often firearms and bullets.
Ø Palynology-
Ø Polygraphy-
Major Crime Laboratories include:
Crime Lab History
§ First police crime lab in the world was established in France in ______by Edmond Locard
§ First police crime lab in the U.S. opened in ______in Los Angeles
§ The Scientific Crime Detection Lab was founded in Evanston, Illinois in ______
§ The first FBI crime lab opened in ______
Major Developments in Forensic Science History- Look at timeline worksheet
Edmond Locard (1877-1966)
§ ______professor
§ Considered the father of ______
§ Built the world’s first forensic laboratory in France in ______
§ Locard Exchange Principle:
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
§ Lab Experts
pathologist serologist:
DNA expert toxicologist:
forensic odontologist forensic anthropologist
forensic psychologist forensic entomologist
firearm examiner bomb and arson expert
document and handwriting experts fingerprint expert
Scientific Method (as it pertains to criminalistics)
Ø ______a problem or questioned evidence and collect objective data.
Ø Consider a ______or possible solution.
Ø ______, test, and then analyze the evidence.
Ø Determine the significance of the ______.
Ø ______based on evaluation of the significance of the evidence
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
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: preventative law for cases not covered by common law (i.e., a restraining order)
§ Administrative Law: includes rules or laws established by governmental agencies such as the IRS, Social Security and the military.
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 ______
§ 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 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
§ 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
Due Process
Ø The government may not take away your life, liberty, or property without following appropriate legal procedures.
Ø Probable cause:
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 the Miranda warning:
Types of Crimes
§ Infraction:
§ Misdemeanor:
§ Felony:
Steps in Pursuing Justice
Ø 1. After a crime has been committed, and evidence has been documented, a suspect may be taken into custody.
Ø 2. Suspect is ______and informed of Miranda Rights.
Ø 3. Within ____ hours they are brought before a judge for an ______. The suspect enters their plea of guilty, not guilty, not guilty by reason of insanity, or ______.
Ø 4. A person pleading guilty will be taken to a ______. No jury is present, and the Judge assigns the sentence.
Ø 5. A person pleading not guilty at the preliminary hearing presents evidence to the Judge and the judge determines whether a trial is necessary, sets the trial date and sets the ______.
Ø 6. In the case of a felony, a grand jury will be in place of a preliminary hearing and the jury will hear the evidence and decide whether the suspect should be ______.
Ø 7. A defendant may choose to ______with the prosecutor instead of going to trial, or they will tried by a jury to determine guilt or innocence.
Ø Booking:
Ø Arraignment: the first act in a criminal proceding in which the defendant is brought before the court to hear charges and enter a plea.
Ø Nolo Contendere: latin for “______”, the defendant doesn’t actually admit to guilt, but accepts the punishment as if they were guilty.
Ø Preliminary hearing:
Ø Bail: money put up to guarantee that the defendant will appear in court as directed. A bondsman will pay the bail for a fee of 10% of the bail. If the defendant doesn’t appear at court, bounty hunters will find the suspect to return them to court.
Ø Indict:
Ø Plea bargain: an agreement in which a defendant pleads guilty to a lesser charge and the prosecutor in return drops the more serious charges to avoid the time and cost of a trial.
Federal Rules of Evidence
In order for evidence to be admissible, it must be:
§ Probative—
§ Material—
Admissibility of Evidence
1923 Frye v. United States
ý 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.
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.
Facets of Guilt
Try to prove:
§ Means—
§ Motive—person had a reason to do the crime (not necessary to prove in a court of law)
§ Opportunity—
“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