Introduction to Forensic Science and the Law

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Introduction to 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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• Wherever he steps, whatever he touches, whatever
  he leaves even unconsciously, will serve as
  silent witness against him. Not only his
  fingerprints or his footprints, but his hair, the
  fibers from his clothes, the glass he breaks, the
  tool marks he leaves, the paint he scratches, the
  blood or semen he deposits or collectsall of
  these and more bear mute witness against him.
  This is evidence that does not forget.
• Paul L. Kirk (1902 1970)
• Forensic scientist

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Introduction
Students will learn

• How a crime lab works
• The growth and development of forensic science
  through history
• Federal rules of evidence, including the Frye
  standard and the Daubert ruling
• Basic types of law in the criminal justice system
• Students will be able to
• Describe how the scientific method is used to
  solve forensic problems
• Describe different jobs done by forensic
  scientists and the experts they consult.

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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.

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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
• Firearms Unit
• Document Examination Unit
• Photography Unit

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Crime LabOptional Services

• Toxicology Unit
• Latent Fingerprint Unit
• Polygraph Unit
• Voiceprint Analysis Unit
• Evidence Collection Unit

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Other Forensic Science Services

• Forensic Pathology
• Forensic Anthropology
• Forensic Entomology
• Forensic Psychiatry
• Forensic Odontology
• Forensic Engineering
• Cybertechnology

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Major Crime Laboratories

• FBI (Federal Bureau of Investigations)
• DEA (Drug Enforcement Administration)
• ATF (Bureau of Alcohol, Tobacco, Firearms and
  Explosives)
• U.S. Postal Service
• U.S. Fish and Wildlife Service

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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 Scientific Crime Detection Lab was founded in
  Evanston, Illinois in 1929
• The first FBI crime lab opened in 1932

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Forensic Timeline
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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

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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
• 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.
• 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

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People of Historical Significance

• Edmond Locard (1877-1966)
• French professor
• 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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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

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Scientific Method(as it pertains to
criminalistics)

• Observe a problem or questioned evidence and
  collect objective data.
• Consider a hypothesis or possible solution.
• Examine, test, and then analyze the evidence.
• Determine the significance of the evidence.
• Formulate a theory based on evaluation of the
  significance of the evidence

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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

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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

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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 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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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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Types of Crimes

• Infraction
• Misdemeanor
• Felony

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Infractions

• violations of law or ordinances that are
  typically pretty minor, including traffic
  infractions
• usually get a ticket or citation - not jail time
  or other heftier punishments.
• Many times, an experienced lawyer can help
  negotiate a reduction of misdemeanor charges to
  the level of an infraction for first-time
  offenders in an effort to avoid a criminal record.

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Misdemeanor

• more serious than infractions, but less serious
  than felonies
• heavier fine than infraction
• possible jail time (served at a local, city or
  county jail )
• usually does not lose the right to vote, serve on
  juries, practice in a licensed profession or
  serve in the military
• misdemeanors are not counted as "strikes" in
  states that have adopted three strikes laws.

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Three Strikes Laws

• Between 1993 and 1995, 26 states and the federal
  government passed 3SLs in response to public
  outrage over such cases as the 1993 kidnapping
  and murder of 12-year-old Polly Klaas by a
  paroled repeat offender.
• Under the federal Three Strikes rule the
  defendant receives mandatory life imprisonment if
  he or she
• Is convicted in federal court of a serious
  violent felony and
• Has two or more prior convictions in federal or
  state courts, where at least one of which is a
  serious violent felony. The other prior offense
  may be a serious drug offense.
• Under the statute, a serious violent felony
  includes murder, manslaughter, sex offenses,
  kidnapping, robbery, and any offense punishable
  by 10 years or more which includes as an element
  the use of force.

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Felony

• most serious types of crimes
• each state has different punishments for these
  offenses
• any crime punishable by more than one year in
  prison
• serve their sentences in a state or federal
  prison

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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

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Admissibility of Evidence

• 1923 Frye v. United States
• 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.

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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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The Innocence Project
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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