Forensics Ch 1 - Intro to law

Criminalistics

Examination of physical evidence

Evidence

Anything that tends to establish or disprove a fact

Ballistics

Motion, behavior, and effects of projectiles, most often firearms and bullets

Odontology

Examination of bite marks and dental identification of corpses

Pathology

Investigation of sudden, unexplained, or violet death

Entomology

The study of insects

Palynology

The study of pollen and spores

Polygraphy

The use of the “lie detector”

Statutory Law

Legislative acts declaring, commanding, or prohibiting something

Common Law/Case Law

the body of law made up of judicial opinions and precedents

Stare Decisis

“to stand by the decision,” meaning previous legal decisions are to be followed

Civil Law

Deals with no criminal suits brought to protect/preserve a civil or private right or matter

Criminal Law

Regulation and enforcement of rights, setting the acceptable limits of conduct in society

Misdemeanor

A minor crime, less than a felony, usually punished with a fine of confinement other than prison

Felony

a serious crime punishable by more than one year of imprisonment up to execution

Probable Cause

Situation in which a person would conclude that a crime has been committed and that the suspect committed it

Violation

A breach of a right, duty, or law

Infraction

violation of a rule or law that is not punishable by prison

Elements

The specific factors or parts of a crime

Booking

A police procedure following arrest that records basic information about the suspect, a photography, and fingerprints and perhaps includes a lineup

Miranda Rights

Rights guaranteed by the Constitution that police must tell arrestees about the right to remain silent and the right to an attorney

Arraignment

First act in a criminal proceeding, where defendant is brought before the court to hear charges and enter a plea

Bail

Money put up to guarantee that the defendant will appear in court as directed

Nolo Contendere

When a defendant neither admits nor denies committing a crime but accepts punishment as though they were guilty

Preliminary/Evidentiary Hearing

A hearing before a judge to determine whether a person charged with a crime should be held for trial

Grand Jury

A group of people sworn to inquire into a crime and bring accusations against the suspected criminals

Indict

Formally accuse a person of a crime

Plea Bargaining

An agreement where a defendant pleads guilty to a lesser charge & the prosecutor in return drops more serious charges to avoid the cost and time of a trial

Probative

Tending to prove something

Material

Addresses an issue that is relevant to the particular crime

Hearsay

Testimony given by a witness who relates what others have said

Expert witness

A person who specializes in a subject and presents their expert opinion

Frye Standard

the “general acceptance” test, dictates that scientific evidence is admissible at trial only if the methodology on which the opinion is based is ‘sufficiently established to have gained general acceptance in the particular field in which it belongs.’

Daubert Ruling

Revision of Frye Standard for admissibility of expert scientific evidence; ruling implicitly endorses a classical definition of the scientific method (hypothesis testing, error rates, etc.)

Junk Science

Theories based on distorted, flawed, or untested hypotheses not derived from or tested by the scientific method