Survey of Forensic Science Chapter 2 review

Frye Standard

The standard guideline for determining the judicial admissibility of scientific examinations (1923).

What does it mean to "meet" the Frye Standard in court?

the questioned procedure, technique, or principle that is brought to court is considered "generally accepted" by a meaningful segment of the relevant scientific community.

courts have frequently taken note of books and papers written on the subject, as well as prior judicial decisions relating to the reliability and general acceptance of the technique

What does FRE stand for?

Federal Rules of Evidence

What is Federal Rules of Evidence?

Part of the FRE governs the admissibility of all evidence, including expert testimony, in federal courts, and many states have adopted codes similar to those of the Federal Rules.

What is one difference between the Frye Standard and FRE?

Some believed FRE to be a more flexible standard that did not rely on general acceptance as an absolute prerequisite for admitting scientific evidence.

What rule of FRE deals with the admissibility of expert testimony?

Rule 702

What does rule 702 state?

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.

Daubert v. Merrell Dow Pharmaceuticals (1993)

Trial judges assume the ultimate responsibility for acting as a "gatekeeper" in judging the admissibility and reliability of scientific evidence presented in their court.

The Court offered guidelines as to how a judge can gauge the veracity of scientific evidence, emphasizing that the inquiry should be flexible.

Daubert Guidelines

1. Whether the scientific technique or theory can be (and has been) tested.

2. Whether the technique or theory has been subject to peer review and publication.

3. The technique's potential rate of error.

4. Existence and maintenance of standards controlling the technique's operation.

5. Whether the scientific theory or method has attracted widespread acceptance within a relevant scientific community (Frye standard).

Kumho Tire Co. Ltd. v. Carmichael

The Court unanimously ruled that the "gatekeeping" role of the trial judge applied not only to scientific testimony but also to all expert testimony.

The "gatekeeping" obligation - applies not only to testimony based on "scientific" knowledge, but also to testimony based on "technical" and "other specialized" knowledge.

Coppolino v. State

This case showed the type of flexibility and wide discretion that the Daubert ruling apparently gave to trial judges in matters of scientific inquiry. • This case was regarding the newness of a drug test and the Court recognized the necessity for devising new scientific tests to solve the special problems that are continually arising in the forensic laboratory.

It emphasized, however, that although these tests may be new and unique, they are admissible only if they are based on scientifically valid principles and techniques

Melendez-Diaz v. Massachusetts (2009)

Addressed the practice of using evidence affidavits or laboratory certificates in lieu of in-person testimony by forensic analysts.

In its reasoning, the Court relied on a previous ruling, Crawford v. Washington, where it explored the meaning of the Confrontation Clause of the 6th Amendment.

The Court reasoned that introducing forensic science evidence via an affidavit or a certificate denied a defendant the opportunity to cross-examine the analyst.

What case reaffirmed the Melendez-Diaz decision?

• In 2011, the Court reaffirmed decision in the case of Bullcoming v. New Mexico, by rejecting a substitute expert witness in lieu of the original analyst.

What is an expert witness?

an individual whom the court determines possesses knowledge or possess a particular skill relevant to the trial that will aid the court in determining the truth of the matter at issue.

Why is an expert witness called on?

to evaluate the evidence based on specialized training and experience that the court lacks the expertise to do.

The expert will then express an opinion as to the significance of the findings.

In court, when an expert witness is asked questions intended to demonstrate their abilities or competencies pertaining to the matter at hand, what do they do?

Cite educational degrees, participation in special courses, membership in professional societies, and any professional articles or books published.

Also important is the number of years of occupational experience the witness has had in areas related to the matter before the court.

Why are most courts reluctant to disqualify an individual even if their background is only remotely associated to the issue at hand?

The question of what credentials are suitable for qualification as an expert are ambiguous and highly subjective

difference between lay witness testimony and expert witness testimony?

Expert witnesses can express an opinion as to the significance of the findings, whereas a lay/fact witness can only testify about their personal knowledge and not give an opinion.

Forensic Psychiatry

specialized area in which the relationship between human behavior and legal proceedings is examined.

Forensic Odontology

the evaluation and examination of dental evidence and can help identify victims when the body is left in an unrecognizable state.

Teeth are composed of enamel, the hardest substance in the body and due to this resilience, the teeth outlast tissues and organs as decomposition occurs.

Forensic Engineering

concerned with failure analysis, accident reconstructions, and causes and origins of fires or explosions.

Forensic Computer and Digital Analysis

involves the identification, collection, preservation, and examination of information derived from computers and other digital devices such as cell phones.

What is physical evidence?

Encompasses any and all objects that can establish that a crime has or has not been committed or can link a crime and its victim or its perpetrator.

If it is to be used effectively to aid an investigation, its presence first must be recognized at the crime scene.

True or False; Crime laboratories solve crimes.

False.

Crime laboratories do not solve crimes; only a thorough and competent investigation conducted by professional police officers will enhance the chances for a successful criminal investigation.

When arriving at a scene, the first responding officers are responsible for what?

1. acquiring medical assistance for injured victims

2. Detaining any potential suspects or witnesses

3. Securing the crime scene to the greatest extent possible

4. Calling for any additional personnel needed, such as other officers and/or forensic investigators

Isolate the Crime Scene

Once medical assistance has been given and the area cleared of potential suspects, witnesses, etc., then the area needs to be isolated, and boundaries put in place.

Boundaries should include the area of the crime scene, any paths of entry or exit, and any areas where evidence may have been discarded or moved

Securing the crime scene

Once the boundaries are secured, guards may be posted to restrict access to the crime scene.

A detailed log is kept of personnel movements in and out of the crime scene. This log includes personnel names and time of entry or exit.

Investigators should never do anything that might alter the crime scene.

The search for physical evidence at a crime scene must be thorough and systematic.

The search pattern selected will normally depend on the size and locale of the scene and the number of collectors participating in the search.

True or False: Investigators have unlimited amount of time to work a crime scene in its untouched state

False; Investigators only have a limited amount of time to work a crime scene in its untouched state.

The opportunity to permanently record the scene in its original state must not be lost.

What are the three methods to record or document the crime scene?

1. Notes

2. Photography/video

3. Sketches

Crime scene notes should begin with:

• The identity of person who contacted the investigator

• Time of contact and arrival at the crime scene

• Preliminary case information (i.e., case number)

• Personnel present on arrival and those being contacted

What does a lead investigator do before the scene is photographed or sketched?

an initial walk-through to take note of many of the aspects of the crime scene in its original condition.

Why is audio recording notes a scene be an advantage?

Notes can be spoken much faster than they can be written. It also leaves the hands free to carry out other tasks

What is the most important prerequisite for photographing a crime scene?

It should be unaltered. Unless people are injured, objects must not be moved until they have been photographed from all necessary angles.

If objects are removed, positions changed or items added, the photographs may not be admissible as evidence at trial

What are photographs great value?

their ability to show the layout of the scene, the position of evidence to be collected, and the relation of objects at the scene to one another.

Photography is also important for documenting biological evidence in its original condition, as this kind of evidence is often altered during testing.

pixels

A digital photograph is made when a light-sensitive microchip captures light on each of millions of tiny picture elements

resolution

the minimum distance that must separate two objects in order for them to be viewed as different objects.

The lower the distance needed, the greater the resolution of the photograph.

The greater the number of pixels, the better the resolution.

as the number of megapixels increases, the clarity _________.

increases, allowing photographers to create bigger prints

What is the main function of crime scene photography?

to provide an accurate depiction.

because photos are digital, this is a concern because it can be easily manipulated using computer software.

Photographic procedure

Each crime scene should be photographed as completely as possible.

What should be included in the photographic procedure of a crime scene?

• Include the area in which the crime took place and all adjacent areas where important acts occurred immediately before or after the commission of the crime.

• Overview photographs of the entire scene and surrounding area, including points of entry and exit, must be taken from various angles.

• If a crime took place indoors, the entire room should be photographed to show each wall area. Rooms adjacent to the actual crime site must be similarly photographed but simplified.

• If there is a body, photographs must be taken to show the body's position and location relative to the entire scene.

• Close-up photos depicting injuries and weapons lying near the body are also necessary.

• After the body is removed from the scene, the surface beneath the body should be photographed.