Chapter 1 Introduction to Forensic Science and the Law You know my method. It is founded upon the observation of trifles…Sherlock Holmes, The Boscombe Valley Mystery “You know my method. It is founded upon the observation of trifles”…Sherlock Holmes, The Boscombe Valley Mystery Chapter 1 Kendall/Hunt Publishing Company 1 Today's Sherlock Holmes Chapter 1 Kendall/Hunt Publishing Company 2 Introduction Chapter 1 Students will learn: How a crime lab works The history of forensic science Federal rules of evidence, including the Frye standard and the Daubert ruling The role of the forensic scientist in the criminal justice system How the scientific method is used to solve forensic problems The different jobs done by forensic scientists and the experts they consult. Kendall/Hunt Publishing Company 3 LOCARD EXCHANGE PRINCIPLE Whenever two objects come into contact with each other, traces of each are exchanged. Chapter 1 Kendall/Hunt Publishing Company 4 LOCARD EXCHANGE PRINCIPLE EVERY CONTACT LEAVES A TRACE! Chapter 1 Kendall/Hunt Publishing Company 5 People of Historical Significance Edmond Locard (1877-1966) French professor 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. Chapter 1 Kendall/Hunt Publishing Company 6 Forensic Science The study and application of science to matters of law. Includes the business of providing timely, accurate, and thorough information to all levels of decision makers in our criminal justice system. The word forensic is derived from the Latin “forensis” meaning forum, a public place where, in Roman times, senators and others debated and held judicial proceedings. Chapter 1 Kendall/Hunt Publishing Company 7 Criminalistics vs Criminology Criminalistics Criminology the scientific examination of physical evidence for legal purposes. includes the psychological angle, studying the crime scene for motive, traits, and behavior that will help to interpret the evidence Chapter 1 Kendall/Hunt Publishing Company 8 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 first FBI crime lab opened in 1932 Chapter 1 Kendall/Hunt Publishing Company 9 Major Developments in Forensic Science History Refer to your textbook for this! You will not need to know all of these. 200 BC--- Archimedes tested the purity of the king’s crown using density 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 Chapter 1 Kendall/Hunt Publishing Company 10 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 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.” 1922—Francis Aston developed the mass spectrometer. 1953—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 Chapter 1 Kendall/Hunt Publishing Company 11 Use your book to find 3 more pairs of discoveries and applications with dates List them as show below on notebook paper and hand in DISCOVERY FORENSIC SCIENCE APPLICATION 1732 Galvani discovers that the nervous system transmits signals electrically Chapter 1 1921 Lie detector built 1923 Lie Detector is inadmissible in court 189 YEARS 12 Is there a trend? The pace of scientific development and application increased rapidly. Why? How Chapter 1 does this affect forensic science? Kendall/Hunt Publishing Company 13 What is JUNK SCIENCE and how do we keep junk science out of the courtroom? We test new methods using the tenets of the scientific method Chapter 1 Kendall/Hunt Publishing Company 14 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 Statistical Interpretation of Data Chapter 1 Kendall/Hunt Publishing Company 15 Scientific Method (as it pertains to forensic science) 1. Observe a problem or questioned evidence and collect objective data. 2. Hypothesize a possible solution. 3. Experiment: examine, test, and then analyze the evidence. 4. Conclude: determine the significance of the evidence (theorize to explain observations based on impartial evaluation of the evidence) Chapter 1 Kendall/Hunt Publishing Company 16 Hypothesis: (for a specific problem) Tape used by Arnold to bind Zelda Experiments to test hypothesis: Hairs Fibers Blood Skin Prints Cross-transfer possible Physical match Tape analysis Chapter 1 Kendall/Hunt Publishing Company 17 Federal Rules of Evidence In order for evidence to be admissible, it must be: Probative—actually prove something Material—address an issue that is relevant to the particular crime Chapter 1 Kendall/Hunt Publishing Company 18 Admissibility of Evidence 1923 Frye v. United States Scientific evidence is allowed into the courtroom if it is generally accepted by the relevant scientific community. The Frye standard does not offer any guidance on reliability. The evidence is presented in the trial and the jury decides if it can be used. Chapter 1 Kendall/Hunt Publishing Company 19 Admissibility of Evidence 1993 Daubert v. Dow (Federal, but States follow) 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 The judge decides if the evidence can be entered into the trial. Chapter 1 Kendall/Hunt Publishing Company 20 Daubert is important to scientists and court personnel Daubert on the Web It is what makes the application of science to law possible and reliable, timely and accurate. It brings science and law together successfully to achieve justice. Chapter 1 Kendall/Hunt Publishing Company 21 Admissibility of Evidence 1993 Daubert v. Dow (Federal, but States follow) The Daubert ruling responded to the needs of a rapidly changing technological society… prevents unacceptable delays in acceptance of new technology (for example, DNA testing) Helps keep “junk science” out of the courtroom. Chapter 1 Kendall/Hunt Publishing Company 22 The Judge is the Gate-Keeper who allows or blocks the presentation of evidence. Chapter 1 Kendall/Hunt Publishing Company 23 FBI Bullet Testing Untested "science" = JUNK Science Other testing being scrutinized Hair Arson Fingerprints! Chapter 1 Kendall/Hunt Publishing Company 24 Frye and Daubert and Fingerprints Even though fingerprints have long been generally accepted (Frye)… the points of the Daubert ruling had to be proven Chapter 1 Kendall/Hunt Publishing Company 25 CSI: Myth vs Reality Use article to compare and contrast reality with movie and television depictions Chapter 1 Drama Responsibilities Demands Limitations of time, personnel, equipment Possibilities…what can evidence prove, what are the limits? Work environment etcetera 26 CSI vs. Reality As a group, read your section of the article Present bullet points to the class For some sections summarize with bullets For most sections…this will work MMYTH Chapter 1 REALITY Kendall/Hunt Publishing Company 27 Crime Lab Services Drugs Physical Science Unit Trace Evidence Biology Unit Hairs Serology DNA Firearms Unit Document Examination Unit Photography Unit Toxicology Unit Latent Fingerprint Unit Polygraph Unit Voiceprint Analysis Unit Evidence Collection Unit Chapter 1 Kendall/Hunt Publishing Company 28 Other Forensic Science Services Chapter 1 Forensic Pathology (causes of death) Forensic Entomology (insects) Forensic Odontology (teeth) Forensic Engineering (product failure) Cybertechnology (computer crime) Forensic Anthropology (bones) Kendall/Hunt Publishing Company 29 Major Crime Laboratories FBI (Federal Bureau of Investigation) through the DOJ (Dept. of Justice) DEA (Drug Enforcement Agency) through DOJ State, county, or city labs ATF (Alcohol, Tobacco, and Firearms) through Dept. of the Treasury U.S. Postal Service U.S. Fish and Wildlife Service Chapter 1 Kendall/Hunt Publishing Company 30 Crime Laboratory Team A group of professional investigators, each trained in a variety of special disciplines. Team Members Chapter 1 First Police Officer on the scene Medics (if necessary) Investigator(s) Medical Examiner or Representative (if necessary) Photographer and/or Field Evidence Technician Lab Experts pathologist serologist DNA expert toxicologist forensic odontologist forensic anthropologist forensic psychologist forensic entomologist firearm examiner bomb and arson expert document and handwriting experts fingerprint expert clandestine lab experts accident/crime reconstruction Kendall/Hunt Publishing Company 31 PA State Police Crime Labs Chapter 1 Kendall/Hunt Publishing Company 32 Present Place your work under the camera Introduce yourselves with your full name Take turns presenting the information Chapter 1 Kendall/Hunt Publishing Company 33 The Role of the Forensic Scientist Use scientific analyses to help determine If a crime was committed How it was committed Who was involved Present conclusions in a written report and provide opinion and interpretation as an expert witness in court Chapter 1 Kendall/Hunt Publishing Company 34 The Role of the Forensic Scientist Acts as an impartial advocate for the truth Prepares a written report and provides appropriate opinion and interpretation Serves as an expert witness in court who presents conclusions within the limits of scientific certainty The scientist only presents the evidence… the judge or jury determines the significance of the evidence in determining guilt or innocence Chapter 1 Kendall/Hunt Publishing Company 35 It all comes down to The Big Question… Can you testify to your results with a reasonable degree of scientific certainty? Chapter 1 Kendall/Hunt Publishing Company 36 Your next assignment….Expert Witness Testimony for Dummies Chapter 1 Expert Witness Book for Dummies: use color, illustrations, and creativity! Fold two pieces of white paper in half together to create an 8 page booklet. P 1 Cover p 2 Introduction p 3 Who's who in the courtroom p 4 Courtroom layout p 5 Appearance and demeanor of an expert witness p 6 Presentation skills and qualifications pp 7 and 8 Testimony tips...how to play the mental game of our adversarial court system Chapter 1 Expert Witness Book for Dummies: use color, illustrations, and creativity! Fold two pieces of white paper in half together to create an 8 page booklet. P 1 Cover p 2 Introduction p 3 Who's who in the courtroom p 4 Courtroom layout p 5 Appearance and demeanor of an expert witness p 6 Presentation skills and qualifications pp 7 and 8 Testimony tips...how to play the mental game of our adversarial court system Chapter 1 Expert Witness Book for Dummies: use color, illustrations, and creativity! Fold two pieces of white paper in half together to create an 8 page booklet. P 1 Cover p 2 Introduction p 3 Who's who in the courtroom p 4 Courtroom layout p 5 Appearance and demeanor of an expert witness p 6 Presentation skills and qualifications pp 7 and 8 Testimony tips...how to play the mental game of our adversarial court system Chapter 1 Expert Witness Book for Dummies: use color, illustrations, and creativity! Fold two pieces of white paper in half together to create an 8 page booklet. P 1 Cover p 2 Introduction p 3 Who's who in the courtroom p 4 Courtroom layout p 5 Appearance and demeanor of an expert witness p 6 Presentation skills and qualifications pp 7 and 8 Testimony tips...how to play the mental game of our adversarial court system Chapter 1 Expert Witness Book for Dummies: use color, illustrations, and creativity! Fold two pieces of white paper in half together to create an 8 page booklet. P 1 Cover p 2 Introduction p 3 Who's who in the courtroom p 4 Courtroom layout p 5 Appearance and demeanor of an expert witness p 6 Presentation skills and qualifications pp 7 and 8 Testimony tips...how to play the mental game of our adversarial court system Chapter 1 Expert Witness Book for Dummies: use color, illustrations, and creativity! Fold two pieces of white paper in half together to create an 8 page booklet. P 1 Cover p 2 Introduction p 3 Who's who in the courtroom p 4 Courtroom layout p 5 Appearance and demeanor of an expert witness p 6 Presentation skills and qualifications pp 7 and 8 Testimony tips...how to play the mental game of our adversarial court system Chapter 1 Expert Witness for Dummies 8 pages in format given Bullets to highlight important ideas from article (as assigned for each page) Clip art or pictures to clarify and draw interest Use color to emphasize points and make it attractive and interesting You may add things to your book as you talk to others Chapter 1 Kendall/Hunt Publishing Company 44 Now…YOU are the EXPERT Think of a subject on which you are an EXPERT It could be A job A hobby A sport A subject A skill Chapter 1 Etc. Kendall/Hunt Publishing Company 45 You will testify in Mock Court! Write 5 questions to demonstrate and establish your expertise Write one set on the form and a legible duplicate on notebook paper for the direct examination Be ready to define and describe tour assigned term You will be asked 3 questions to challenge your expertise! 46 Chapter 1 You will testify in Mock Court! Hand in both sets of questions on the first day of court Come dressed for court on the first day of court Come ready to cross-exam, with 3 challenging questions written down. Put your name and the expert’s name on this and mark if you stumped the expert. Hand in with your witness notes Chapter 1 47 Jurors keep a record! Witness Presentation Scale of 4 Demeanor Scale of 4 Field of expertise /Qualified? Forensic Term Arnold 4 2 Cooking, yes ballistics Zelda 3 4 Softball, yes fingerprints Chapter 1 Kendall/Hunt Publishing Company 48 Apply skills from Expert Witness Book Exude confidence without being arrogant! Speak loudly and clearly and make eyecontact with jury Speak to jury in complete sentences that restate the question Maintain an impartial, even demeanor in all circumstances TELL THE TRUTH! Behave respectfully in dress and manner Chapter 1 Kendall/Hunt Publishing Company 49 Facets of Guilt Try 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 Chapter 1 Kendall/Hunt Publishing Company 50 “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 1 Kendall/Hunt Publishing Company 51 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 Chapter 1 Kendall/Hunt Publishing Company 52 The Bill of Rights Gives individuals the 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 Chapter 1 To cross-examine prosecution witnesses To speak and present witnesses Not to be tried again from 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 Kendall/Hunt Publishing Company 53 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. Chapter 1 Kendall/Hunt Publishing Company 54 Miranda Rights The 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. Chapter 1 Kendall/Hunt Publishing Company 55 Types of Crimes Infraction Misdemeanor Felony Chapter 1 Kendall/Hunt Publishing Company 56