Chapter 1: Justice & Science

Accreditation

Endorsement of policies and procedures by a recognized accrediting body or organization.

Adversarial system

A system in which decisions are rendered based on the merit of two opposing arguments. The legal system in the United States is an adversarial system.

Anthropometry/Bertillonage

A system of criminal identification based on a series of measurements of physical features; pioneered by Bertillion.

Certification

Official recognition of professional development.

Civil law

A body of law that governs non-criminal cases; involves disputes between two parties such as two companies disputing a patent.

Criminal law

The body of law that applies to criminal acts; involves a government entity such as a state.

Criminalistics

Application of physical sciences to criminal investigation.

Cross-examination

The questioning of a witness by the party that did not call the witness. When an expert testifies for the prosecution in a criminal case, the defense would cross-examine.

Defendant

The suspect or accused in a criminal case or the person who is alleged to have caused the injury to the plaintiff.

Direct examination

Questioning of a witness by the party that called that witness. If an expert is called by the prosecution, the prosecution begins the questioning by direct examination.

Fallibilism

Awareness of what is not known and the humility to acknowledge the possibility of making mistakes.

Felony

In criminal cases, the more serious type of offense.

Finder of fact

In a legal proceeding, the party making the decision; also called trier of fact.

Generalists

In forensic science, an analyst that is qualified to work in several disciplines.

Grand jury

A special type of jury that is empowered to decide if the evidence against a defendant warrants proceeding to the next step.

Jurisdiction

A region or geographical area over which law enforcement or a legal entity can excise authority.

Locard's exchange principle

According to Edmond Locard, when two objects contact each other, materials are transferred from one object to another; the basis for proving contact by analysis of microscopic evidence.

Misdemeanor

In criminal cases, the less serious type of offense.

Plaintiff

The injured party in a civil legal action.

Private laboratories

A forensic laboratory that is run by a corporation or other non-governmental agency.

Prosecution

In a criminal case, the party (government entity) that brings the charges against a defendant or defendants.

Prosecutorial bias

The potential tendency of a forensic scientist to make scientific determinations that favor the prosecution.

Public laboratories

A forensic laboratory run by a government agency.

Scientific method

The method by which scientists study and advance knowledge of the natural world; it is based on data, observations, and hypotheses.

Specialist

A forensic scientist that works only in one area such as a DNA analyst.

Subpoena

A legal order that compels someone to appear and testify in court.

Trier of fact

The legal entity that will render a decision; typically, the judge or the jury.

Voir dire

The process by which an expert is questioned to determine whether or not he or she will be accepted as an expert by the court.

Science is data based and has the goal of improving our understanding of the natural world. Law is outcome based and has the goal of determining the truth.

The systems of science and the law have two different purposes. Summarize these in your own words.

death investigation

What type of incident was the most important in driving the initial development of forensic science?

a forensic generalist works in multiple forensic disciplines, while a specialist works in just one, such as toxicology or pathology

What is the difference between a forensic generalist and a forensic specialist? Name two forensic specialties that you have heard of.

Victor Balthazard & Sir Francis Galton; they provided a more unique and discernible identification method as opposed to the Bertillon system

List the forensic scientists that were involved in the early development of fingerprints. What made fingerprints so important to forensic science at the turn of the 20th century?

bodily measurements constantly change and since it only takes the right hand’s fingerprints, if the evidence includes the fingerprints of a left hand it’s no help

What would you expect to be the biggest disadvantages to the Bertillon system of identification of individuals?

two rival positions arguing for acceptance

What is the fundamental characteristic of an adversarial system such as the law?

public are funded by the government, while private labs are businesses designed to make a profit

What are the differences between public and private forensic laboratories?

Accreditation focuses on evaluating the quality of an institution or program, while certification evaluates the competency of an individual.

What is the difference between accreditation and certification?

voir dire

What process is used by the trier-of-fact and the courts to determine if a scientist is qualified to offer expert testimony in a given case?