Forensic Biology as a Sub-discipline of Forensic Science

Forensic Science

-application of a tool, method, or technique to some aspect of the judicial system

Science

-both a process and a body of knowledge

what makes something scientific

research, test can be repeated, unbiased, measurable, known variability/error rate, ethical, ect.

Types of experiments

-Observational experiments

-controlled experiments (not often possible in forensics)

Legal system

-adversarial

-the “truth” is subjective (determined by the trier of fact)

-concerned with unlikely/unusual

Science

-should not be adversarial

-truth is objective (determined by nature)

-concerned with likely/usual

-replication separate from reproducable

Civil law

-disputes between persons/entities, failed to carry out legal duty (libel, negligence, property damage)

-penalty = $$$

-Verdict: Liable/not liable

-burden of proof

Criminal law

-action that is harmful to society (broke a federal/state law)

-penalty = fine, probation, imprisonment

-verdict: guilty/not guilty

-burden of proof

Three types of court

-US supreme court

-Federal court

-State Court

US Supreme Court

-cases go straight to the Supreme Court

-tax court, bankruptcy, international trade, terrorism, ect.

Federal Court

US district court → US Court of Appeals (circuit courts) → US Supreme Court

State Court

State Trial Court → State Appeals Courts → Highest State Court (Supreme) → US Supreme Court

State Appeals Court in Ohio

“court of common please”

-twelve districts

-three-judge panels

Determining Admissibility of Scientific Evidence: FEDERAL

-Federal Rules of Evidence

Determining Admissibility of Scientific Evidence: STATE

-case law

-frye standard

-daubert standard

Federal Rules of Evidence

-a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert has specialized knowledge, or sufficient facts and data

Frye standard

-the court must determine whether or not the method by which that evidence was obtained was generally accepted by experts in the particular field in which it belongs

Daubert Standard

-is it relevant and reliable

1.) has the theory/technique in question been tested

2.) whether it has been subjected to peer review and publication

3.) its known or potential error rate

4.) the existence and maintenance of standards controlling its operation

5.) whether it has attracted widespread acceptance within a relevant scientific community