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Locard’s Exchange Principle
Every Contact Leaves a Trace
States that when two objects come into contact, there is always a transfer of material between them. This principle is foundational in forensic science, emphasizing that criminals will leave behind traces at a crime scene. (Objects can include people or places) Evidence of 2 objects coming into contact.
Alphonse Bertillon
A pioneer in forensic science, known for developing the first system of anthropometry for identifying criminals by measuring physical characteristics. Worked until we realized some people may have the same measurements. 1853-1914
Francis Galton
A key figure in forensic science, known for his work on fingerprint classification and the statistical study of human differences. He established the uniqueness of fingerprints as tools for personal identification. A rough draft of modern fingerprinting. 1822-1911
Edmond Locard
He devolved the world’s first crime lab as well as his exchange principle. 1877-1966
Alfred Lucas
First forensic chemist, 1867-1945
Role of Forensic Science
Applies science to criminal and civil laws that are enforced in a criminal justice system. Provides pieces to a larger investigation. Not about solving crime directly, but helping to add vital contributions. Part of a larger whole.
Data Must be…
Internally consistent for a hypothesis to be valid, Every finding must support the claim. Scientific findings can support or refute possible scenarios – help resolve competing stories about what did or did not happen.
The Science
Is testable, falsifiable, and reproducible
Includes peer review and strives for self-correction
Falsifiable means it is capable of being proven wrong
Pseudoscience/ “junk” science
Has no place in legal settings, can cause false convictions
Evidence
Foundation of forensic science, can be tangible (Objects) or testimonial (Witness statements). Tells a piece of a story, can be used to help determine what happened.
Inculpatory Evidence
Evidence that points to a person being guilty such as a recovered weapon, finger prints, or an admission of guilt.
Exculpatory Evidence
Evidence that proves innocence, such as footage that shows suspect was not there during time crime was commited
3 types of Physical Evidence
Transfer- When someone touches something and leaves for example fingerprints on a weapon (Locard’s Exchange Principle)
Trace- Same as transfer but microscopic (Skin Cells, Hair)
Circumstantial- Facts used to make points/ Additional information (Most common, part of bigger picture)(Fingerprints on gun mean they touched it but did they actually commit the crime with it)
Physical Evidence
You can physically touch it
Direct Evidence
There is no room for misinterpretation, it is a fact and requires no additional work. Ie: Eye witness, photo/video/CCTV footage (If we test powder and it comes back as cocaine it is 100% cocaine)
Inclusive Evidence
Includes a possibility (Has soil in shoes from where crime took place)
Exclusive Evidence
Does not include possibility (Has soil in shoes but not from where crime took place)
Indeterminate Evidence
Does not help/ is not useful to case (Crime was committed in a field and had sand in shoes not soil)
Opinion Evidence
Expert opinion based on data/facts
Testimonial Evidence
What a witness remembers seeing (Not always reliable)
The process of Evidence
Crime Scene
Recovery of Evidence
Examination of Evidence in a Lab
Presentation of Evidence in court
Primary Crime Scene
Where the crime occurred
Secondary Crime Scene
Other Areas evidence was found (Where the body was dumped)
3 Classifications for Crime Scenes
Type of Crime- Homicide, Break and enter
Location- Indoor, Outdoor, Vehicle
Movable Boundaries- Start Large then Narrow down
Warrantless Search
With permission(which can be revoked at anytime)
If people are in danger
If evidence is in danger
Section 8 of the Canadian Charter of Rights and
Freedoms
Right for people to be secure against unreasonable search &
seizure
3 Types of Evidence Interpretation
Deductive
Inductive
Abductive
Deductive
Logical conclusion from facts(Blood sample XX=Female)
Inductive
Using existing data and observations to make predictions (Most serial Killers are men)
Abductive
Gathering what is known and using it to make most likely explanation
Not Match
Similar, Probably, consistent with (Unless a fracture match which is highly unlikely ie. glass shard fitting perfectly into broken window)
Scientific Report must be…
Comprehensive
Easily understood by general public (not just scientists)
Rules of Evidence
Court must admit evidence before it can be used
Only reliable/ relevant information is used(Decided by court, judges, lawyers)
Court makes the rules and has final say
Expert Witness
Expert Opinion
Qualifications
Significance of findings (expert
opinion)
Reasonable scientific certainty
Impartial
Advocate of truth
Must be properly qualified
Admissibility of Evidence
Based on Canadian Evidence Act
Must be directly relevant to case
Probative (Must prove a certain fact that could not be proved without evidence)
Material must deal with evidence at hand
Prejudicial Evidence must be excluded (Past crimes are irrelevant)
General Acceptance Rule
Comes from the case Frye vs U.S. 1923
If technology isn’t commonly used or tested it will not be accepted in court
Qualify an Expert Testimony
Comes from the case Daubert vs Merrell 1993
Evidence/Expert testimony must be relevant to case at hand
Kumho Tire v. Carmichael 1999
Expert does not have to be a scientist
Gate Keeper Rule
The judge can take a more in depth look at the evidence being used
(Generally accepted, Peer review, Method Standard, potential errors, error rates, testability)
R. vs Kahan
What they say out of court can be spoken for them in court (A small child’s parents speaking on their behalf)
Mohan Test
Established in 1994, all expert witnesses must follow 3 basic criteria; necessary, reliable, trustworthy, and truth full
The Opinion Rule
Lay Witnesses can give opinion which is generally accepted when no better evidence is available (Age of sister, Approximate speed of car ect.)
From Crime Scene to Courtroom
Crime Scene —> Recognition & Collection —> Preservation & Documentation —> Laboratory Submission —>Analysis —> Interpretation —> Report —> Court
Chain of Custody
A documented history of the possession, transfer, handling, and analysis of evidence (Examples Of Documents- Video, Pictures, Voice Recording, Notes)
Scene —> Police —> Laboratory —> Analyze —> Evidence Storage —> Court