Legal and Crime Scene Investigation: Key Concepts and Court Procedures

What is the role of Crime Scene Investigators?

They collect and document evidence at crime scenes according to protocols, including Chain of Custody, and testify in court about their findings.

What do Criminalists do in the criminal justice system?

They perform testing on evidence from crime scenes, write reports on results, testify in court, and stay updated on the latest testing methods.

What are the primary functions of Attorneys?

Attorneys practice law, provide legal counsel, draft legal documents, and represent clients in courts and administrative agencies.

What is the role of a Judge in the legal system?

A Judge decides lawsuits in court, addresses questions of law and fact, and must adhere to ethical standards and impartiality.

What is the function of a Jury?

A Jury is a group of citizens selected to assist justice by determining which version of events they believe constitutes 'the truth' based on evidence.

What is an Expert Witness?

An Expert Witness has specialized knowledge that allows them to provide testimony on complex issues requiring expertise.

What is the purpose of Civil Courts?

Civil Courts resolve disputes between private individuals or businesses that cannot reach an agreement independently.

What do Criminal Courts determine?

Criminal Courts determine if a person has violated a criminal law and impose punishment on offenders.

What is the significance of admissibility of evidence?

Evidence must meet strict legal standards for admissibility, especially during expert witness testimony in court.

What does the term 'precedent' mean in the legal context?

Precedent refers to prior court decisions that establish legal standards and are binding on lower courts within the same jurisdiction.

What is 'stare decisis'?

Stare decisis is the legal principle of adhering to precedent, meaning decisions should stand unless overruled by higher courts.

What is 'Prima Facie' evidence?

Prima Facie means there is enough evidence to prove a case based on basic facts, but it can be refuted.

What is the Burden of Proof in a criminal trial?

The Burden of Proof lies with the prosecution to convince the trier of fact regarding the case's issues.

What does 'Proof Beyond a Reasonable Doubt' mean?

It is the standard of evidence required in criminal trials, ensuring the evidence presented must eliminate reasonable doubt.

What is the standard of proof in civil cases?

The standard of proof in civil cases is 'Preponderance of Evidence,' requiring the plaintiff to show that their claims are probably true.

How does 'Preponderance of Evidence' differ from 'Burden of Proof'?

Preponderance of Evidence requires the plaintiff to prove their case slightly more than not, while Burden of Proof is on the prosecution to convince the jury.

What does the 4th Amendment protect against?

The 4th Amendment protects individuals from unreasonable searches and seizures, requiring probable cause for warrants.

What happens if an individual's rights are violated during evidence collection?

If rights are violated, any evidence obtained from the search may be ruled inadmissible in court.

What is a Search Warrant?

A Search Warrant is a judicial order allowing law enforcement to search a location and seize evidence, requiring probable cause.

Under what circumstances is a Search Warrant not needed?

A Search Warrant is not needed if consent is given, after an arrest, based on reasonable suspicion, if evidence is in plain view, or in emergencies.

What is the significance of 'reasonable expectation of privacy'?

The court assesses whether the property owner had a legitimate expectation of privacy to determine if evidence collected is admissible.

What legal principle governs the admissibility of evidence?

The admissibility of evidence is governed by strict legal standards, which have evolved with advances in scientific knowledge.

What is the role of the detective in the provided scenario?

The detective accepted consent to search the man's home, which negated the need for a search warrant.

What does the 5th Amendment protect against?

It protects against double jeopardy and self-incrimination, ensuring no person can be tried twice for the same crime after being acquitted.

What is the significance of the Miranda rights?

They protect individuals against self-incrimination, ensuring they are informed of their right to remain silent.

What is the time frame for a defendant to be arraigned after arrest according to the 6th Amendment?

A defendant must be arraigned within 72 hours of arrest.

What does the 6th Amendment guarantee regarding trials?

It guarantees the right to a speedy and public trial by an impartial jury.

What is a subpoena?

A legal order compelling an individual to testify or provide evidence in court.

What is the threshold amount for a civil case to warrant a jury trial under the 7th Amendment?

The amount must be $20 or more.

What is direct evidence?

Evidence that directly proves a fact, such as eyewitness testimony.

What is circumstantial evidence?

Evidence that suggests a fact by implication or inference, rather than direct proof.

How does the reliability of direct evidence compare to circumstantial evidence?

Direct evidence is generally considered less reliable than circumstantial evidence.

What is the Frye Standard?

A test for the admissibility of expert testimony based on whether the technique is generally accepted in the scientific community.

What does Rule 401 state about evidence admissibility?

Evidence must be relevant, making a fact in question more or less probable, and its relevance must outweigh any prejudicial nature.

What is the Daubert Principle?

A standard set by the Supreme Court for the admissibility of scientific expert testimony, focusing on the validity of the methodology used.

What is the role of the defense counsel according to the 6th Amendment?

A defendant has the right to an attorney to assist in their defense.

What does the 7th Amendment say about jury findings?

It inhibits courts from overturning a jury's findings of fact unless legal errors can be proven.

What happens if a defendant is not informed of charges or given access to a lawyer?

This violates the 6th Amendment right to counsel and a fair trial.

What is the importance of the right to a Grand Jury in the 5th Amendment?

It ensures that serious criminal charges are reviewed by a group of citizens before formal charges are filed.

What is the impact of flawed eyewitness testimony?

It can lead to erroneous testimony and confessions, affecting the reliability of direct evidence.

What is the significance of having both direct and circumstantial evidence in court?

Having both types of evidence can strengthen a case, but strong evidence of one type may be sufficient.

What does 'double jeopardy' mean?

It refers to the legal principle that prohibits an individual from being tried twice for the same offense.

What is the purpose of a speedy trial?

To ensure that defendants are not held indefinitely without a trial, protecting their rights.

What is the consequence of a judge overturning a jury's ruling based on personal discretion?

It undermines the right to a jury trial as guaranteed by the 7th Amendment.

What is the role of evidence in establishing the conditions of a case?

Evidence must be relevant and help establish facts pertinent to the case.

What does 'probative value' refer to in legal terms?

The ability of evidence to prove something relevant in a court case.

What standard did the Daubert case replace?

The Frye standard was replaced by Rule 702 of the Federal Rules of Evidence.

What is the 'helpfulness' test in the context of expert witness testimony?

Expert witness testimony must be both relevant and reliable to be considered helpful.

What are the considerations for evidence admissibility set out in Daubert?

The theory or technique must be testable, subjected to peer review, and have a known error rate.

What role does the trial judge play according to the Daubert standard?

The trial judge serves as the 'gatekeeper' for the admissibility of expert testimony.

What did the Supreme Court rule in General Electric Co. vs. Joiner?

Appellate courts must defer to lower trial court decisions on expert testimony unless they are glaringly wrong.

What was established in Kuhmo Tire Co. vs. Carmichael regarding expert testimony?

The judge's gatekeeping function applies to all expert witness testimony, including non-scientific testimony.

What does Rule 702 state about expert witness testimony?

Testimony must be based on sufficient facts, reliable principles and methods, and applied reliably to the case facts.

What landmark case determined the inadmissibility of evidence seized in violation of the Fourth Amendment?

Mapp vs. Ohio.

What was the outcome of Mapp vs. Ohio?

The Supreme Court ruled that evidence seized in violation of the Fourth Amendment cannot be used in state courts.

What event led to the Mapp vs. Ohio case?

Cleveland police searched Dollree Mapp's home without a valid warrant, leading to her arrest for possession of obscene material.

What was the significance of the US vs. Starzecpyzel case?

The case involved the admissibility of handwriting analysis as expert testimony under the Daubert Principle.

What did the Supreme Court rule regarding the handwriting analysis in US vs. Starzecpyzel?

The handwriting analysis did not meet the Daubert principle but was deemed admissible under Federal Rules of Evidence.

What is the importance of procedures in evidence collection and analysis?

Every step in the process must be scrutinized to ensure evidence is admissible in court.

What is required for the collection of evidence?

A systematic search must be conducted, and all evidence, including trace evidence, must be collected.

What is the significance of reference samples in evidence collection?

Reference samples are collected for comparison to unknown specimens from the crime scene.

What must be avoided to prevent cross-contamination of evidence?

Proper packaging and separation of evidence must be maintained.

What is the chain of custody in evidence handling?

A documented record of all individuals who had possession of the evidence from collection to courtroom.

What must be recorded in the chain of custody?

The item of evidence, location, time, person collecting, and any transfers of evidence must be documented.

Why is it important to minimize the number of individuals in the chain of custody?

To avoid confusion and maintain the integrity of the evidence.

What happens if the chain of custody is not properly substantiated?

It may lead to serious questions regarding the authenticity and integrity of the evidence.

What is the role of forensic evidence in court?

Forensic evidence must follow strict guidelines to be admissible in court.

What is required for expert testimony to be admissible?

It must be based on sufficient facts, reliable principles, and applied reliably to the case.

What is the significance of the Daubert trilogy?

It clarified the standards for admissibility of expert testimony in legal proceedings.

What must be done with evidence samples taken for testing?

Any changes or samples must be documented immediately.

What is the consequence of improper evidence handling?

Improper handling can lead to the exclusion of evidence in court.

What is the purpose of strict packaging guidelines for evidence?

To prevent contamination and ensure the integrity of the evidence.