Introduction to Forensic Science and the Law

Chapter One Introduction to Forensics Science

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

A. Forensic Science   

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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 

Criminology

the scientific examination of physical evidence for legal purposes.

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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 

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Physical Science Unit  Chemistry  Physics  Geology Biology Unit 

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Anything that deals with the human body

Firearms Unit (Ballistics) Document Examination Unit Photography Unit

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Crime Lab—Optional Services     

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

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Other Forensic Science Services       

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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 

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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 

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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. Valentine’s 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 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

 1840- Mathew Orfila helps convict a criminal of poisoning

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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  1892- Francis Galton ID’s fingerprint categories  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.”  1910- Locard develops the first crime lab  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  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 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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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?   

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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  

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Not cops! Don’t carry guns, don’t interrogate suspects or make arrests Don’t treat the injured or dead They just collect evidence. That’s 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    

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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: id’s 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 

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

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C. US Laws      

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

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Laws 1. 2.

3. 4.

Constitution- governs our country Statutory Laws- “law on the books”; based on the constitution, made by govn’t Common Law- made by judges; application of the law Civil Law- relationships between individuals, assign blame: marriage, property, contracts

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Laws… 5.

Criminal Law- enforcement of rights; offensive to society; the state becomes the plaintiff – person offended  

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Misdemeanor- minor crime: theft, small amt of drugs Felony- major crime: murder, rape, armed robbery, drugs 

6. 7.

Example: The People Vs. Larry Flint Example: The State of Wisconsin Vs. Yoder

Jail time

Equity Law- preventive: restraining order Administrative Law- rules established by gov’t agencies: taxes, social security, military

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The Bill of Rights 

The first 10 amendments to the Constitution 

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Developed shortly after the constitution because of the memory of loss of civil rights in England Bill of Rights

Most famous: 

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Right to free speech Right to assemble peacefully Right to bear arms Kendall/Hunt Publishing Company

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Bill of Rights and FSAssures an individual’s right:    

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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

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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 1. 2. 3.

4. 5. 6.

Crime committed, discovered Police investigate ID suspect Crime scene documented Info is given to prosecutor Investigation 

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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 government’s expense.

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After Miranda 1. 2.

Brought to judge Arraignment: defendant hears charges and enters a plea- guilty, not guilty, nolo contendere (no contest) 

Not admitting guilt, but doesn’t say they are innocent 

3.

3.

4.

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 1.

2. 3.

Infractionless petty than a misdemeanor Misdemeanor Felony

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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 Hearsay is not admissible because it is not reliable

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Testimony 

Expert Witness 

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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 

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Changing technology; lots of junk science (theories based on untested hypothesis)

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Facets of Guilt Try to prove:  

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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