Chapter 1 Powerpoint

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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
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Today's Sherlock Holmes
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Introduction
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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.
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LOCARD EXCHANGE PRINCIPLE
Whenever two objects
come into contact with each other,
traces of each are exchanged.
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LOCARD EXCHANGE PRINCIPLE
EVERY CONTACT
LEAVES A TRACE!
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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.
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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.
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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
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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
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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
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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
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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
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1921 Lie detector built
1923 Lie Detector is
inadmissible in court
189 YEARS
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Is there a trend?
The pace of scientific development and
application increased rapidly.
 Why?
 How
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does this affect forensic science?
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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
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Complex Reasoning Skills
Necessary to Work Through and Solve Crimes:
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Deductive and Inductive Reasoning
Classifying
Comparing and Contrasting
Problem Solving
Analyzing Perspectives
Constructing Support
Error Analysis
Statistical Interpretation of Data
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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)
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Hypothesis: (for a specific problem)
Tape used by Arnold to bind Zelda
 Experiments to test
hypothesis:
 Hairs
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Fibers
Blood
Skin
Prints
Cross-transfer possible
Physical match
Tape analysis
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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
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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.
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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.
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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.
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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.
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The Judge is the Gate-Keeper who
allows or blocks the presentation of
evidence.
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FBI Bullet Testing
Untested "science" = JUNK Science
Other testing being scrutinized
 Hair
 Arson
 Fingerprints!
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Frye and Daubert and Fingerprints
 Even though
fingerprints have
long been generally
accepted (Frye)…
 the points of the
Daubert ruling had
to be proven
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CSI: Myth vs Reality
 Use article to compare and contrast reality
with movie and television depictions
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Drama
Responsibilities
Demands
Limitations of time, personnel, equipment
Possibilities…what can evidence prove, what are
the limits?
Work environment
etcetera
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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
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REALITY
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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
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Other Forensic Science Services
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Forensic Pathology (causes of death)
Forensic Entomology (insects)
Forensic Odontology (teeth)
Forensic Engineering (product failure)
Cybertechnology (computer crime)
Forensic Anthropology (bones)
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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
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Crime Laboratory Team
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A group of professional investigators, each trained in a variety of
special disciplines.
Team Members
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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
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PA State Police Crime Labs
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Present
Place your work under the camera
Introduce yourselves with your full name
Take turns presenting the information
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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
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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
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It all comes down to
The Big Question…
Can you testify to your results
with a reasonable degree of
scientific certainty?
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Your next assignment….Expert
Witness Testimony for Dummies
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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
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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
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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.
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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!
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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
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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
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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
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Facets of Guilt
Try to prove:
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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)
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Opportunity—person can be placed at the
crime
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“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
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Laws that Pertain to the
U.S. Criminal Justice System
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The U.S. Constitution
Statutory Law
Common Law or Case Law
Civil Law
Criminal Law
Equity Law
Administrative Law
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The Bill of Rights
Gives individuals the right:
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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
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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
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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.
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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.
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Types of Crimes
 Infraction
 Misdemeanor
 Felony
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