Lecture 1: Forensic Science and Legal History

Forensic science

The application of science to criminal and civil laws that are enforced by police agencies in a criminal justice system.

Civil law vs. criminal law

Civil law: concerns disputes about property/objects (e.g., contracts, cars). Criminal law: concerns actions against people (e.g., murder, theft).

Origin of civil law

Rooted in ancient Roman law.

Origin of common law

Originated in England; based on customs applied case-by-case, later formalized.

Magna Carta

Medieval charter protecting church rights, limiting royal power; respected in legal history.

Code of Hammurabi

Babylonian code with 282 laws; introduced presumption of innocence and idea of evidence.

The Ten Commandments

Biblical foundation of law; crimes against family and life punished severely.

Pharisees vs. Sadducees

Pharisees: believed in supernatural. Sadducees: secular, aristocratic.

Sanhedrin

Jewish council of 70-71 members; functioned like a court.

Boston's first role in policing

First American city to organize community-based patrols ("night watches").

Bureau of Investigation (BOI)

Created in 1908 by Attorney General Charles Bonaparte; renamed FBI in 1935.

August Vollmer

Created the first U.S. crime lab at LAPD; pioneered forensic methods in policing.

Forensic science defined by AAFS

Science used for the purposes of law; applies to civil disputes, criminal law, public health.

DOJ role in forensics

Maintains labs (DEA, FBI, ATF); sponsors forensic research.

NIST role in forensics

Ensures reliability of forensic methods, effective communication of results, and technological advancement.

Forensic (Latin origin)

From forensis = "of the forum" (Roman courts).

Science (Latin origin)

From scientia = "knowledge."

Difference between forensic scientist and lawyer

Forensic scientist: collects/examines evidence, reports findings. Lawyer: constructs narrative arguments to persuade judge/jury.

Criminalistics vs. criminology

Criminalistics: analyzes physical evidence. Criminology: studies crime and behavior.

Expert witness vs. lay witness

Expert witness: gives opinions based on training and methods. Lay witness: states only facts observed.