Chapter One Introduction to Forensics Science Forensic Science and the Law “In school, every period ends with a bell. Every sentence ends with a period.

Chapter OneIntroduction to Forensics Science

Forensic Scienceand the Law

“In school, every period ends with a bell. Every sentence ends with a period. Every crime ends with a

sentence.”

—Stephen Wright, comedian

Kendall/Hunt Publishing Company 3Chapter 1

A. Forensic Science A study and application of science to law provide accurate, thorough info to decision makers in

our criminal justice system. Comes from Latin “forensis” = forum, a public place

where, in Roman times, senators and others debated and held judicial proceedings.

Video


Criminalistics vs Criminology

Criminalistics the scientific

examination of physical evidence for legal purposes.

Criminology includes the

psychological angle, studying the crime scene for motive, traits, and behavior that will help to interpret the evidence


Crime Lab—Basic Services Physical Science Unit

Chemistry Physics Geology

Biology Unit Anything that deals with

the human body Firearms Unit (Ballistics) Document Examination

Unit Photography Unit


Crime Lab—Optional Services Toxicology Unit- poisons Latent Fingerprint Unit- hidden Polygraph Unit Voiceprint Analysis Unit Evidence Collection Unit


Other Forensic Science Services Forensic Pathology- diseases Forensic Anthropology- bodies Forensic Entomology- bugs Forensic Psychiatry- the mind Forensic Odontology- teeth Forensic Engineering- structures Cybertechnology - computers


Major Crime Laboratories FBI- Federal Bureau of Investigation DEA- Drug Enforcement Agency ATF- Bureaus of Alcohol, Tobacco, and

Firearms U.S. Postal Service U.S. Fish and Wildlife Service


Crime Lab History Arthur Conan Doyle write Sherlock Holmes

Video- The Great Mouse Detective Sherlock Holmes (2009)

First crime lab in the world - France in 1910 by Edmond Locard First crime lab in U.S. - 1923 in Los Angeles The Scientific Crime Detection Lab was founded in 1929 as a result

of the St. Valentine’s Day Massacre The first FBI crime lab opened in 1932 with the help of Dr. Calvin

Goddard Video


Major Developments in Forensic Science History

700s AD—Chinese used fingerprints to establish identity of documents and clay sculptures

~1000—Roman courts determined that bloody palm prints were used to frame a man in his brother’s murder

1149—King Richard of England introduced the idea of the coroner to investigate questionable death

1200s—A murder in China is solved when flies were attracted to invisible blood residue on a sword of a man in the community

1598—Fidelus was first to practice forensic medicine in Italy 1670—Anton Van Leeuwenhoek constructed the first high-powered microscope 1776—Paul Revere identified the body of General Joseph Warren based on the

false teeth he had made for him 1784—John Toms convicted of murder on basis of torn edge of wad of paper in

pistol matching a piece of paper in his pocket 1840- Mathew Orfila helps convict a criminal of poisoning


Major Developments in Forensic Science History

1859—Gustav Kirchhoff and Robert Bunsen developed the science of spectroscopy.

1864—Crime scene photography developed 1879—Alphonse Bertillon developed a system to identify people using particular

body measurements 1892- Francis Galton ID’s fingerprint categories 1896—Edward Henry developed first classification system for fingerprint

identification 1900—Karl Landsteiner identified human blood groups 1904—Edmond Locard formulated his famous principle, “Every contact leaves a

trace.” 1910- Locard develops the first crime lab 1922—Francis Aston developed the mass spectrometer. 1959—James Watson and Francis Crick discover the DNA double helix 1977—AFIS developed by FBI, fully automated in 1996 1984—Jeffreys developed and used first DNA tests to be applied to a criminal

case Turn to pages 4,5,6


People of Historical SignificanceEdmond Locard (1877-1966)

French professor and police officer 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.


Locard in Action Pretend you have two children and a cat.

You run out to take care of some errands that include stopping at a furniture store, the laundry and the house of a friend who has one child and a dog. What are some things you could leave behind at each stop? What are some things you might collect? Discuss…


In many cases, the mere fact that a suspect can be placed at the scene is an indication of guilt. Examples? Fingerprints Semen obtained from a rape kit Paint from the fender of a car


B. The Titles Criminalist: Those who deal with the forensic

evidence Not cops! Don’t carry guns, don’t interrogate suspects or make

arrests Don’t treat the injured or dead They just collect evidence. That’s it!

Forensic Investigator: Those who deal with the body (if there is one)

Video


Common Jobs for a Criminalist CSI: collect, protect, transport evidence,

document and sketch, photograph Print examiner: specialize in fingerprints Firearms examiner: examining and identifying

firearms, bullets, shell casings and GSR Toolmark examiner: it is what it is… Document examiner Trace evidence examiner: analyze and compare

hair, figbers, glass, soils and paints


Common Jobs for a Forensic Investigator Pathologist: physician with specialty training in diseases; in

charge of body and evidence on it Anthropologist: human skeletal remains to determine age,

sex and race of body and establish TOD; toxicology, too Odontologist: id’s unknown corpses by matching dental

records Entomologist: uses life cycles of flies and insects that feed

on corpses to determine the approximate time of death, also determine whether a body has been moved

Psychiatrist: address sanity, give medical advice Serologist: deals with blood and bodily fluids Toxicologist: study of drugs and poisons (DWIs, etc) Botanist: examines plant residues to help solve a crime


Coroner Vs. Medical Examiner Coroner: appointed or elected position that

requires no special medical skills; it’s a political position; some are doctors

Medical Examiner: physician, licensed to practice medicine and trained in pathology


C. US Laws

The U.S. Constitution Statutory Law Common Law or Case Law Civil Law Criminal Law Equity Law Administrative Law


Laws1. Constitution- governs our country2. Statutory Laws- “law on the books”; based

on the constitution, made by govn’t3. Common Law- made by judges;

application of the law4. Civil Law- relationships between

individuals, assign blame: marriage, property, contracts


Laws…5. Criminal Law- enforcement of rights; offensive to society;

the state becomes the plaintiff – person offended Example: The People Vs. Larry Flint Example: The State of Wisconsin Vs. Yoder

Misdemeanor- minor crime: theft, small amt of drugs Felony- major crime: murder, rape, armed robbery, drugs

Jail time

6. Equity Law- preventive: restraining order7. Administrative Law- rules established by gov’t agencies:

taxes, social security, military


The Bill of Rights The first 10 amendments to the Constitution

Developed shortly after the constitution because of the memory of loss of civil rights in England

Bill of Rights Most famous:

Right to free speech Right to assemble peacefully Right to bear arms


Bill of Rights and FS- Assures an individual’s right:

To be presumed innocent until proven guilty

Not to be searched unreasonably Not to be arrested without probable

cause Against unreasonable seizure of

personal property Against self-incrimination To fair questioning by police To protection from physical harm

throughout the justice process To an attorney To trial by jury To know any charges against oneself

To cross-examine prosecution witnesses

To speak and present witnesses Not to be tried again for the same

crime Against cruel and unusual punishment To due process To a speedy trial Against excessive bail Against excessive fines To be treated the same as others,

regardless of race, gender, religious preference, country of origin, and other personal attributes


Steps to Justice1. Crime committed, discovered

2. Police investigate

3. ID suspect

4. Crime scene documented

5. Info is given to prosecutor

6. Investigation Probable cause-arrest warrant (situation concluding that

a crime was committed by the suspect)


Miranda v Arizona 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 not 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 RightsThe following is a minimal Miranda

warning: You have the right to remain silent. Anything you

say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at the government’s expense.


After Miranda1. Brought to judge2. Arraignment: defendant hears charges and enters a

plea- guilty, not guilty, nolo contendere (no contest) Not admitting guilt, but doesn’t say they are innocent

Subjects them to conviction, but maybe be used in conjunction with a plea bargin

3. If Guilty plea- taken to court preliminary hearing, no jury, pass sentence

3. If Not Guilty Plea- judge decides if trial, bail4. Sometimes Grad jury- big felonies; no judge, panel of

judges that vote; if trial- indictement


Types of Crimes

1. Infraction- less petty than a misdemeanor

2. Misdemeanor3. Felony


Federal Rules of EvidenceIn order for evidence to be

admissible, it must be:

Probative—actually prove something

Material—address an issue that is relevant to the particular crime

Hearsay is not admissible because it is not reliable


Testimony Expert Witness

Frye Standard: Applies to new science, states: evidence is admissible if the method which it was obtained is based on acceptance from the scientific community

Daubert Ruling: Revision of the Frye Standard, evidence must follow the scientific method

Changing technology; lots of junk science (theories based on untested hypothesis)


Facets of GuiltTry to prove:

Means—person 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)

Opportunity—person can be placed at the crime


“If the Law has made you a witness, remain a man (woman) of science.

You have no victim to avenge, no guilty or innocent person to ruin or save.

You must bear testimony within the limits of science.”

—P.C.H. Brouardel

Chapter One Introduction to Forensics Science Forensic Science and the Law “In school, every period ends with a bell. Every sentence ends with a period.

Documents

forensic science history

fbi crime lab

forensics science slide

forensic medicine

crime scene

comedian slide

scientific crime detection

wildlife service slide