Transcript Introduction to Forensic Science and the Law

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
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
Criminology
 the scientific examination
of physical evidence for
legal purposes.
 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 Lab—Basic Services
 Physical Science Unit
 Chemistry
 Physics
 Geology
 Biology Unit
 Firearms Unit
 Document Examination Unit
 Photography Unit
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Crime Lab—Optional Services
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Toxicology Unit
Latent Fingerprint Unit
Polygraph Unit
Voiceprint Analysis Unit
Evidence Collection Unit
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Other Forensic Science Services
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Forensic Pathology
Forensic Anthropology
Forensic Entomology
Forensic Psychiatry
Forensic Odontology
Forensic Engineering
Cybertechnology
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Major Crime Laboratories
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FBI
DEA
ATF
Postal Service
Fish and Wildlife Service
RCMP
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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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Major Developments
in Forensic Science History
 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
Timeline on Youtube
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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.
 1959—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
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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.
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Crime Scene Team
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A group of professional investigators, each trained in a variety of special disciplines.
Team Members
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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)
1. Observe a problem or questioned evidence and
collect objective data.
2. Consider a hypothesis or possible solution.
3. Examine, test, and then analyze the evidence.
4. Determine the significance of the evidence.
5. 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:
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Deductive and Inductive Reasoning
Classifying
Comparing and Contrasting
Problem Solving
Analyzing Perspectives
Constructing Support
Error Analysis
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The Canadian Charter of Rights
Gives individuals the right:
 Everyone has the right to life, liberty and security of the person and the right not to be
deprived thereof except in accordance with the principles of fundamental justice
 Everyone has the right to be secure against unreasonable search or seizure.
 Everyone has the right not to be arbitrarily detained or imprisoned.
 Everyone has the right on arrest or detention
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(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be informed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released
if the detention is not lawful.
 Everyone has the right not to be subjected to any cruel and unusual treatment or
punishment.
 A witness who testifies in any proceedings has the right not to have any incriminating
evidence so given used to incriminate that witness in any other proceedings, except in a
prosecution for perjury or for the giving of contradictory evidence.
 A party or witness in any proceedings who does not understand or speak the language in
which the proceedings are conducted or who is deaf has the right to the assistance of an
interpreter.
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The Canadian Charter of Rights
Gives individuals the right:
 Any person charged with an offence has the right
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(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person in respect of
the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public
hearing by an independent and impartial tribunal;
(e) not to be denied reasonable bail without just cause;
(f) except in the case of an offence under military law tried before a military tribunal, to
the benefit of trial by jury where the maximum punishment for the offence is
imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at the time of the
act or omission, it constituted an offence under Canadian or international law or was
criminal according to the general principles of law recognized by the community of
nations;
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty
and punished for the offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if the punishment for the offence has been varied
between the time of commission and the time of sentencing, to the benefit of the lesser
punishment.
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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
government’s expense.
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Types of Crimes
 Infraction
 Misdemeanor
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In Canada :Summary
Conviction Offenses
 Felony
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In Canada :Indictable
Offenses
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 Infraction: parking tickets, speeding ticket, jay walking ticket
 Misdemeanor
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In Canada :Summary Conviction Offenses are punishable by a fine of no more
than $5,000 and/or 6 months in jail
trespassing at night, causing a disturbance, taking a motor vehicle without the
owner's consent
 Felony
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In Canada :Indictable Offenses
Murder, robbery, break and enter of a dwelling-house
In most cases where the offence is an indictable offence, the accused person can
elect whether to be tried by a judge or judge and a jury
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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
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Admissibility of Evidence
1923 Frye v. United States
1993 Daubert v. Dow
 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.
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:
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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)
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Opportunity—person 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
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