Chapter One

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Chapter One

• Introduction to Forensics Science

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Forensic Scienceand 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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A. Forensic Science

• A study and application of science to law
• provide accurate, thorough info to decision
  makers in our criminal justice system.
• Comes from Latin forensis forum, a public
  place where, in Roman times, senators and others
  debated and held judicial proceedings.
• Video

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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

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Crime LabBasic Services

• Physical Science Unit
• Chemistry
• Physics
• Geology
• Biology Unit
• Anything that deals with the human body
• Firearms Unit (Ballistics)
• Document Examination Unit
• Photography Unit

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Crime LabOptional Services

• Toxicology Unit- poisons
• Latent Fingerprint Unit- hidden
• Polygraph Unit
• Voiceprint Analysis Unit
• Evidence Collection Unit

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Other Forensic Science Services

• Forensic Pathology- diseases
• Forensic Anthropology- bodies
• Forensic Entomology- bugs
• Forensic Psychiatry- the mind
• Forensic Odontology- teeth
• Forensic Engineering- structures
• Cybertechnology - computers

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Major Crime Laboratories

• FBI- Federal Bureau of Investigation
• DEA- Drug Enforcement Agency
• ATF- Bureaus of Alcohol, Tobacco, and Firearms
• U.S. Postal Service
• U.S. Fish and Wildlife Service

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Crime Lab History

• Arthur Conan Doyle write Sherlock Holmes
• Video- The Great Mouse Detective
• Sherlock Holmes (2009)
• First crime lab in the world - France in 1910 by
  Edmond Locard
• First crime lab in U.S. - 1923 in Los Angeles
• The Scientific Crime Detection Lab was founded in
  1929 as a result of the St. Valentines Day
  Massacre
• The first FBI crime lab opened in 1932 with the
  help of Dr. Calvin Goddard
• Video

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Major Developments in Forensic Science History

• 700s ADChinese used fingerprints to establish
  identity of documents and clay sculptures
• 1000Roman courts determined that bloody palm
  prints were used to frame a man in his brothers
  murder
• 1149King Richard of England introduced the idea
  of the coroner to investigate questionable death
• 1200sA murder in China is solved when flies were
  attracted to invisible blood residue on a sword
  of a man in the community
• 1598Fidelus was first to practice forensic
  medicine in Italy
• 1670Anton Van Leeuwenhoek constructed the first
  high-powered microscope
• 1776Paul Revere identified the body of General
  Joseph Warren based on the false teeth he had
  made for him
• 1784John Toms convicted of murder on basis of
  torn edge of wad of paper in pistol matching a
  piece of paper in his pocket
• 1840- Mathew Orfila helps convict a criminal of
  poisoning

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Major Developments in Forensic Science History

• 1859Gustav Kirchhoff and Robert Bunsen developed
  the science of spectroscopy.
• 1864Crime scene photography developed
• 1879Alphonse Bertillon developed a system to
  identify people using particular body
  measurements
• 1892- Francis Galton IDs fingerprint categories
• 1896Edward Henry developed first classification
  system for fingerprint identification
• 1900Karl Landsteiner identified human blood
  groups
• 1904Edmond Locard formulated his famous
  principle, Every contact leaves a trace.
• 1910- Locard develops the first crime lab
• 1922Francis Aston developed the mass
  spectrometer.
• 1959James Watson and Francis Crick discover the
  DNA double helix
• 1977AFIS developed by FBI, fully automated in
  1996
• 1984Jeffreys developed and used first DNA tests
  to be applied to a criminal case
• Turn to pages 4,5,6

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People of Historical Significance

• Edmond Locard (1877-1966)
• French professor and police officer
• Considered the father of criminalistics
• Built the worlds 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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Locard in Action

• Pretend you have two children and a cat. You run
  out to take care of some errands that include
  stopping at a furniture store, the laundry and
  the house of a friend who has one child and a
  dog. What are some things you could leave behind
  at each stop? What are some things you might
  collect? Discuss

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• In many cases, the mere fact that a suspect can
  be placed at the scene is an indication of guilt.
  Examples?
• Fingerprints
• Semen obtained from a rape kit
• Paint from the fender of a car

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B. The Titles

• Criminalist Those who deal with the forensic
  evidence
• Not cops!
• Dont carry guns, dont interrogate suspects or
  make arrests
• Dont treat the injured or dead
• They just collect evidence. Thats it!
• Forensic Investigator Those who deal with the
  body (if there is one)
• Video

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Common Jobs for a Criminalist

• CSI collect, protect, transport evidence,
  document and sketch, photograph
• Print examiner specialize in fingerprints
• Firearms examiner examining and identifying
  firearms, bullets, shell casings and GSR
• Toolmark examiner it is what it is
• Document examiner
• Trace evidence examiner analyze and compare
  hair, figbers, glass, soils and paints

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Common Jobs for a Forensic Investigator

• Pathologist physician with specialty training
  in diseases in charge of body and evidence on it
• Anthropologist human skeletal remains to
  determine age, sex and race of body and establish
  TOD toxicology, too
• Odontologist ids unknown corpses by matching
  dental records
• Entomologist uses life cycles of flies and
  insects that feed on corpses to determine the
  approximate time of death, also determine whether
  a body has been moved
• Psychiatrist address sanity, give medical
  advice
• Serologist deals with blood and bodily fluids
• Toxicologist study of drugs and poisons (DWIs,
  etc)
• Botanist examines plant residues to help solve
  a crime

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Coroner Vs. Medical Examiner

• Coroner appointed or elected position that
  requires no special medical skills its a
  political position some are doctors
• Medical Examiner physician, licensed to
  practice medicine and trained in pathology

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C. US Laws

• The U.S. Constitution
• Statutory Law
• Common Law or Case Law
• Civil Law
• Criminal Law
• Equity Law
• Administrative Law

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Laws

• Constitution- governs our country
• Statutory Laws- law on the books based on the
  constitution, made by govnt
• Common Law- made by judges application of the
  law
• Civil Law- relationships between individuals,
  assign blame marriage, property, contracts

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Laws

• Criminal Law- enforcement of rights offensive to
  society the state becomes the plaintiff person
  offended
• Example The People Vs. Larry Flint
• Example The State of Wisconsin Vs. Yoder
• Misdemeanor- minor crime theft, small amt of
  drugs
• Felony- major crime murder, rape, armed robbery,
  drugs
• Jail time
• Equity Law- preventive restraining order
• Administrative Law- rules established by govt
  agencies taxes, social security, military

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The Bill of Rights

• The first 10 amendments to the Constitution
• Developed shortly after the constitution because
  of the memory of loss of civil rights in England
• Bill of Rights
• Most famous
• Right to free speech
• Right to assemble peacefully
• Right to bear arms

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Bill of Rights and FS- Assures an individuals
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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Steps to Justice

• Crime committed, discovered
• Police investigate
• ID suspect
• Crime scene documented
• Info is given to prosecutor
• Investigation
• Probable cause-arrest warrant (situation
  concluding that a crime was committed by the
  suspect)

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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
  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.

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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 governments
  expense.

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After Miranda

• Brought to judge
• Arraignment defendant hears charges and enters a
  plea- guilty, not guilty, nolo contendere (no
  contest)
• Not admitting guilt, but doesnt say they are
  innocent
• Subjects them to conviction, but maybe be used in
  conjunction with a plea bargin
• If Guilty plea- taken to court preliminary
  hearing, no jury, pass sentence
• If Not Guilty Plea- judge decides if trial, bail
• Sometimes Grad jury- big felonies no judge,
  panel of judges that vote if trial- indictement

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Types of Crimes

• Infraction- less petty than a misdemeanor
• Misdemeanor
• Felony

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Federal Rules of Evidence

• In order for evidence to be admissible, it must
  be
• Probativeactually prove something
• Materialaddress an issue that is relevant to the
  particular crime
• Hearsay is not admissible because it is not
  reliable

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Testimony

• Expert Witness
• Frye Standard Applies to new science, states
  evidence is admissible if the method which it was
  obtained is based on acceptance from the
  scientific community
• Daubert Ruling Revision of the Frye Standard,
  evidence must follow the scientific method
• Changing technology lots of junk science
  (theories based on untested hypothesis)

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Facets of Guilt

• Try to prove
• Meansperson had the ability to do the crime
• Motiveperson had a reason to do the crime (not
  necessary to prove in a court of law)
• Opportunityperson 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