Unit 1: Introduction Forensic Science Term that means the study and application of science of matters of law. As well as… The business of providing timely, accurate, and thorough information to all levels of decisions making in our criminal justice system. The Difference between CSI and Real Life Forensic Scientist CSI One person does a little of everything (investigate, interrogate, collect evidence, arrest people, analyze evidence) Analysis of evidence is completed in minutes Results are always clear and definite No messy paperwork to fill out Forensic scientists respond to all crime scenes Cool HUmmer vehicles and all the latest equipment is available All lighting is blue Dress in stylish clothing Characters have degrees in chemistry, biology, or other sciences Real Life Forensic Scientist Police officers do crime scene investigation, interrogations, arrests Forensic scientist are in the lab analyzing the evidence Analysis may take hours, days, weeks, or months Results need interpretation of a skilled scientist Lots of paperwork and report-writing required Rarely go to crime scenes Most labs are state-funded, and budgets are often tight Need good full-spectrum lighting Conservative, professional dress and appearance required for court session Workplace attire appropriate for a laboratory setting Challenging college course work in chemistry, biology, physics and math are needed to get the degree that will let you work in a crime lab Criminalistics vs Criminology Criminalistics The scientific examination of physical evidence for legal purposes. This term is synonymous with forensic science. Criminology Includes the psychological angle, studying the crime scene for motive, traits, and behavior that will help to interpret the evidence. Crime Lab Physical Science Unit Chemistry Physics Geology Biology Unit Firearms Unit Fingerprint Unit Photography Unit St. Louis City Crime Lab Divisions Biology - biological screening, DNA, blood spatter Fingerprints Firearms Drug Chemistry Photography - processes scene photos Crime Lab - Optional Services Toxicology Unit Document Unit Polygraph Unit Voiceprint Analysis Unit Evidence - Collection Unit Other Forensic Science Services Forensic Pathology Forensic Anthropology Forensic Entomology Forensic Psychiatry Forensic Odontology Forensic Engineering Cybertechnology Major Crime Laboratories and Agencies FBI - Federal Bureau of Investigations DEA - drug enforcement administration ATF - Alcohol, tobacco and firearms NCIS - naval criminal investigative services (protects people, families and assets of the U.S. Navy and marine Corp) NTSB - national transportation safety board U.S. Postal Service U.S. Fish and Wildlife Service
Crime Lab History First police crime lab in the world was established in France in 1910 by Edmond Locard First police crime lab in the U.S. opened in 1923 in Los Angeles The Scientific Crime Detection Lab was founded in Evanston, Illinois in 1929 The first FBI crime lab opened in 1932. Most states have multiple labs, some just have one that covers the whole of the state. Mathieu Orfila (1787-1853): Father of Forensic Toxicology, Spanish Medical professor who developed a test for identifying arsenic in the body Alphonse Bertillon (1853-1914): Father of Criminal Identification - using anthropometry (Body measurements as a means of identification) Francis Galton (1822-1911): First to develop a method using fingerprints as means of identification. He wrote a book, Finger Prints, which was the first statistical proof of uniqueness of fingerprints. Dr. Karl Landsteiner (1868 - 1943): An Austrian physician that identified the A, B, AB, and O blood groups in 1901. Through his life, he continued to investigate the chemistry of antigens, antibodies and other immunological factors of the blood. Later Leone Lattes devised a simple procedure for determining the blood group in a dried bloodstain. Rudolf Ludwig Karl Vierchow (1821 - 1902): A German pathologist who standardized a way to perform autopsies - one of two ways still used today. His cell theory, “Omnis cellula e cellula” said that cells arise only from other cells. Later in life he worked in the field of anthropology. Albert S. Osborn (1858 - 1946): Developed the fundamental principles of document examination wrote Questioned Documents. Edmund Locard(1877-1966): French Processor Considered the father of criminalistics Built the world’s first forensic laboratory in France in 1910. Locard Exchange Principle - whenever two objects come into contact with each other, traces of each are exchanged.
Eugene Francois Vidocq Considered the father of moder criminal investigation. Perhaps the greatest real life detective. Was a criminal that continually escaped from prison. Then, he was asked to lead a group of criminals that helped police solve crimes which became the Surete, which was the most effective police agency in all of France. His accomplishments: Introduced record-keeping (a card-index system), criminalistics and the science of ballistics into police work. Was the first to make plaster of paris casts of foot and shoe impressions Was a master of disguise and surveillance Held patents on indelible ink and unalterable bond paper Founded the first modern detective agency and credit bureau, Les Bureau des Renseignements The “Vidocq” Society has been established in his name to help solve cold cases
\ Forensic Science: The different things that go into it Anatomy: Integumentary - Fingerprints, Hair Skeletal - Bones Cardiovascular - Blood Digestive - Teeth, Saliva Reproductive - Semen Math: Measurements Ratios Algebraic Formulas Graphing Distance Practical Word Problems Language Arts Communication - written, oral Technical - Reading Skills Research Skills Biographies Fiction/Nonfiction Social Studies Law Forensic History Psychology - Criminal Mind Time Periods Geography/Maps Biology DNA Genetics Entomology - Insects Botany - Plant Identification Zoology - Animal Hair/Blood Earth Science Soil Studies Casts and Molds Chemistry Density Mixtures Organic Analysis Inorganic Analysis Toxicology - Drugs/Poisons Fibers Fire/Explosives Physics Blood Splatters/Patterns Trajectory Speed Light Sound - Voice Patterns Bone Fractures Technology Computers Chromatography Spectrometry Microscopes Electrophoresis Photography General Careers Critical Thinking Deductive Reasoning Problem Solving Skills Study SkillsPhysical Science Paper and Ink Analysis Handwriting Typewriting Forgery
Scientific Method (as it pertains to criminalistics) Observe a problem or questioned evidence and collect objective data. Consider a hypothesis or possible solution. Examine, test, and then analyze the evidence. Determine the significance of the evidence. Formulate a theory based one valuation of the significance of the evidence. Complex Reasoning Skills Necessary to work through and solve crimes Deductive and Inductive Reasoning Classifying Comparing and Contrasting Problem Solving Analyzing Perspectives Constructing Support Error Analysis Laws that Pertain to the U.S. Criminal Justice System The U.S. Constitution Statutory Law Common Law or Case Law Civil Law Criminal Law Equity Law Administrative Law
Fourth Amendment The right against unreasonable search and seizure Search warrant - legal document that allows a search of self or property Warrantless Search The existence of emergency circumstances The need to prevent the immediate loss or destruction of evidence A search of a person and property within the immediate control of the person leading to a lawful arrest A search made by consent of the parties involved Fifth Amendment The right against self-incrimination
Miranda v. Arizona Miranda Rights Any time there is a custodial interrogation, a person must be Mirandized. (Custodial means depriving one of free movement and an interrogation consists of guilt seeking questions.) In 1963, Ernesto Miranda, a 23 year old mentally disturbed man, was accused of kidnapping and raping an 18 - year - old woman in Phoenix, Arizona. He was brought in for questioning, and confessed to the crime. He was not told that he did have to speak or that he could have a lawyer present. At trial, Miranda’s lawyer tried to get the confession thrown out, but the motion was denied. The case went to the Supreme Court in 1966. The Court ruled that the statements made to the police could not be used as evidence, since Mr. Miranda had not been advised of his rights. Miranda Update - June 2010 Police aren’t required to obtain a waiver before interrogation. Suspect bares the burden to speak up and say that he/she does not wish to talk This was a Supreme Court Decision Types of Evidence Direct - establishes a fact; eyewitness statements; confessions Circumstantial - requires an indirect judgment or inferences about what happened (Usually a series of circumstances from which a fair assumption can be made as to the validity of the fact) Testimonial - a statement made under oath that may be given by a lay or expert witness. The credibility of the witness comes into play Physical - any object or material that is relevant in a crime; also known as real evidence.
Evidence Value Circumstantial evidence is not absolute proof, but does provide a general idea of what happened. It may be more reliable than direct. Circumstantial is used in most cases. Value of the physical evidence is that it can be seen by that jury. The “how” it got where it was, is the circumstantial evidence.
Reasonable Doubt In a criminal court case, the jury must find a defendant guilty beyond a reasonable doubt. Reasonable doubt does not mean beyond all doubt or beyond common sense. Reasonable doubt means was the prosecution’s evidence plausible? Was the evidence and its circumstances responsible explained? What “reasonable” explanation could be possible based on that evidence? Does the evidence and its circumstances lead back to the defendant?
Admissibility of Evidence 1923 Frye v. United States Scientific evidence is allowed into the courtroom if it was generally accepted by the scientific community. The Frye standard does not offer any guidance on reliability.
1993 Daubert v. Dow Admissibility is determined by: Whether the theory or technique can be tested Whether the science has been offered for peer review Whether the rate of error is acceptable Whether the method at issue enjoys widespread acceptance Whether the opinion is relevant to the issue
Federal Rules of Evidence In order for evidence to be admissible, it must be: Probative - actually prove something Material - address an issue in this particular crime
Facets of Guilt Try to prove: Means - persons had the ability to do the crime Motive - person had a reason to do the crime (not necessary to prove in a court of law), helpful to have, though) Opportunity - person had the ability to be at the crime
Rule of 702 - Expert Testimony 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.
Expert Witness - summary from Rule 702 Can only be declared an expert by a judge. Some are scientists and some are not. It is most important that they work from data with reliable scientific methods.
Connecticut State Lab - Henry Lee If the law has made you a witness remain a person of science. You have no victim to avenge, no guilty or innocent person to convict or save. You must hear testimony within the limits of science. Let the evidence speak for itself. Reliability of Eyewitness Factors: Nature of the offense and the situation in which it is observed Characteristics of the witness Way in which the information is retrieved Additional Factors: Witness’ prior relationship with the accused Length of time between the offense and the identification Any prior identification or failure to identify the defendant Any prior identification of a person other than the defendant by the eyewitness
Eye Witness “Perception is reality” As a result an eye witness may not be the best source of crime scene information. A police composite may be developed from the witness testimony by a computer program or forensic artist.
Type of Physical Evidence Transient Evidence - temporary; easily changed or lost; usually observed by the first officer at the scene. Pattern Evidence - produced by direct contact between a person and an object or between two objects. Conditional Evidence - produced by a specific event or action; important in crime scene reconstruction and in determining the set of circumstances within a particular event. Transfer Evidence - produced by contact between persons or objects, or between persons and objects Associative Evidence - items that may be associate a victim or suspect with a scene or each other; ie, personal belongings. Transient Evidence Examples Odor - putrefaction, perfume, gasoline, urine, burning, explosives, cigarette or cigar smoke Temperature - of room, car hood, coffee, water in a bathtub; cadaver Imprints and indentations - footprints; teeth marks in perishable foods; tire marks on certain surfaces Markings Pattern Evidence Examples Pattern Evidence - most art in the form of imprints, indentations, striations, marking fractures or deposits Blood spatter Glass fracture Fire burn Furniture position Projectile trajectory Track - trial Tire marks or skid marks Clothing or article distribution Gun powder residue Material damage Body position Tool marks Modus operandi
Conditional Evidence Examples Light - headlight; lighting conditions Smoke - color, direction of travel, density, odor Fire - color and direction of the flames, speed of spread, temperature and condition of tire Location - of injuries or wounds; of bloodstains; of the victims vehicle, of weapons or cartridge cases; of broken glass, etc. Vehicles - doors locked or unlocked, windows opened or closed; radio off or on (station); odometer mileage Body - position; types of wounds; rigor, livor and algor mortis Scene - condition of furniture, door and windows; any disturbance or signs of a struggle
Evidence Characteristics Class - common to a group of objects or persons Individual - can be identified by with a particular person or source
Forensic Investigations Include some or all of these seven major activities Recognition - ability to distinguish important evidence from unrelated material Pattern recognition Physical property observation Information analysis Field testing Preservation - collection and proper preservation of evidence Identification - use of scientific testing Physical properties Chemical properties Morphological (structural) properties Biological properties Immunological properties Comparison - class characteristics are measured against those of know standard or controls. If all measurements are equal, then the two samples are considered to have come from the same source or origin 5. Individualization - demonstrating that the sample is unique, even among members of the same class Interpretation - gives meaning to all the information Reconstruction - reconstructs the case events Inductive and deductive logic Statistical data Pattern analysis Results of laboratory analysis
People in the News Dr. Henry Lee - Chief Emeritus fr Scientific Services and the former Commissioner of Public Safety for the state of Connecticut. He served as that state’s Chief Criminalist from 1979 to 2000. Lee was the driving force in establishing the modern forensic lab in Connecticut. He has worked with many high profile cases including O.J. Simpson, John Benet Ramsey, and the “wood chipper” case. He is also seen on many of the true crime shows, including his own, “Trace Evidence: The Case Files of Dr. Henry Lee.”
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