Chapter 1 Notes, Career/Adventure, Legal System

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Chapter 1 Notes,
Career/Adventure, Legal
System
9/2/15 Forensic Science
Drill
Just write your answers to these questions.
How well did you and the people you
compared with yesterday agree on the
Observation Lab? Do you think that having
just one person’s witness statement would
be sufficient for a crime? What kind of
things did YOU tend to miss? (clothes?
Hats? Dialogue? Etc.)
Objectives
IWBAT
Describe the structure and organization of a
crime lab
Explain the roles that a forensic scientist plays
Collect safety contracts
HW:
Read Chapter 1 in the textbook. The review
questions will be due next Tuesday, 9/8
Missing Forms – Pd. 3
Blue/White Letter
Graham
Dylan
Safety Contract
Lacey
Rufus
Graham
Dylan
Tamer
Soop
Jake V.
Brandon
Online Parent Confirmation
Graham
Eryn
Dylan
Soop
Brandon
Kelly
Missing Forms – Pd. 5
Blue/White Letter

Safety Contract
Jacen
Danny
Parent Confirmation
Trevor
Kyle
Missing Forms – Pd. 6
Blue/White Letter
Meleca
Safety Contract
Megan
Meleca
Ashley
Austin
Pat
Lyndsey
Luke
Parent Letter Confirmation
Nico
Meleca
Danzel
Austin
Lyndsey
Agenda
Drill
Finish Chapter 1 Notes
It’s not a Career, it’s an Adventure!
Begin Legal System Notes
Closure
Intro to Forensic Science
Chapter 1
Definition
Forensic science is the application of
science to criminal and civil laws.
This course emphasizes the application of
science to those criminal and civil laws
that are enforced by police agencies in a
criminal justice system.
History
Alphonse Bertillon—
devised the first
scientific system of
personal
identification in
1879.
Francis Galton—
conducted the first
definitive study of
fingerprints and
their classification.
History
Edmond Locard—applied scientific
principles to the field of criminal
investigation within a workable crime
laboratory.
Locard’s Exchange Principle—states that
when a criminal comes in contact with an
object or person, a cross-transfer of evidence
occurs.
Sir Alec Jeffreys—
developed the first
DNA profiling test
in 1984.
The Crime Lab
The development of crime laboratories in the United
States has been characterized by rapid growth
accompanied by a lack of national and regional
planning and coordination.
At present, approximately 350 public crime
laboratories operate at various levels of government—
federal, state, county, and municipal.
The Crime Lab
The ever increasing number of crime
laboratories is partly the result of the
following:
Supreme Court decisions in the 1960s
responsible for police placing greater
emphasis on scientifically evaluated
evidence.
Crime laboratories inundated with drug
specimens due to accelerated drug abuse.
The advent of DNA profiling.
Four Major Federal Crime
Laboratories
Four major federal crime labs are:
FBI – largest crime lab in the world;
Quantico, VA
DEA (Drug Enforcement Administration)
ATFE (Alcohol, Tobacco, Firearms, and
Explosives)
U.S. Postal Inspection Service
Each offers its expertise to any local agency
that requests assistance
Technical Support
The technical support provided by crime laboratories
can be assigned to five basic services.
• Physical Science Unit
incorporates the
principles of
chemistry, physics,
and geology to
identify and compare
physical evidence.
• Biology Unit applies
the knowledge of
biological sciences in
order to investigate
blood samples, body
fluids, hair, and fiber
samples.
• Firearms Unit
investigates
discharged bullets,
cartridge cases,
shotgun shells, and
ammunition.
• Document Unit
provides the skills
needed for
handwriting analysis
and other
questioned-document
issues.
Photographic Unit
applies specialized
photographic
techniques for
recording and
examining physical
evidence.
Skills of a Forensic Scientist
A forensic scientist must be skilled in applying
the principles and techniques of the physical
and natural sciences to the analysis of the many
types of evidence that may be recovered during
a criminal investigation.
A forensic scientist may also provide expert
court testimony.
An expert witness is an individual whom the
court determines possesses knowledge relevant
to the trial that is not expected of the average
person.
Skills of a Forensic Scientist
The expert witness is called on to evaluate
evidence based on specialized training and
experience that the court lacks the expertise to
do.
The expert will then express an opinion as to
the significance of the findings.
Forensic scientists also participate in training
law enforcement personnel in the proper
recognition, collection, and preservation of
physical evidence.
The Frye Standard
The Frye v. United
States decision set
guidelines for
determining the
admissibility of
scientific evidence
into the courtroom.
Frye Standard
To meet the Frye
standard, the
evidence in question
must be “generally
accepted” by the
scientific
community.
What did the Frye
case deal with?
Frye Not Absolute
However, in the 1993
case of Daubert v.
Merrell Dow
Pharmaceutical, Inc., the
U.S. Supreme Court
asserted that the Frye
standard is not an
absolute prerequisite to
the admissibility of
scientific evidence.
Daubert Standard
Trial judges were said to be ultimately
responsible as “gatekeepers” for the
admissibility and validity of scientific
evidence presented in their courts, as well
as all expert testimony.
Daubert Criteria For
Admissibility
Whether the scientific technique or theory
can be tested.
Whether the technique has been subject to
peer review and publication.
The techniques potential rate of error.
Existence and maintenance of standards .
Whether the scientific theory or method
has attracted widespread acceptance within
a relevant scientific community.
Special Forensic Science
Services
A number of special forensic science
services are available to the law enforcement
community to augment the services of the
crime laboratory.
These services include forensic pathology,
forensic anthropology, forensic entomology,
forensic psychiatry, forensic odontology,
computer science, and forensic engineering.
Special Forensic Science
Services
Forensic Psychiatry
is an area in which
the relationship
between human
behavior and legal
proceedings is
examined.
Forensic Odontology
involves using teeth to
provide information
about the
identification of
victims when a body
is left in an
unrecognizable state.
Also investigates bite
marks.
Forensic Engineering is concerned with
failure analysis, accident reconstruction,
and causes and origins of fires or
explosions.
Forensic Computer Science involves the
examination of digital evidence.
It’s Not Just a Career, It’s an
Adventure!
Classify each piece of evidence into the
part of the crime lab that would process
it.
Use a textbook from the shelf or BYOD
Note: pg. 24 refers to the back of the
worksheet, not your book!
Work on Ch. 1 Qs until everyone is
done.
The Legal System
Types of Law
There are several different types of law
in the US criminal justice system.
Statutory Law
Civil Law
Criminal Law
Equity Law
Public Law
Administrative Law
Statutory Law
Statutory law is written or codified
law, “the law on the books” as
enacted by a government body or
agency having the power to make
laws.
Based on the constitution and
precedents are set in appellate
courts.
The principle of recognizing previous
decisions as precedents is called
stare decisis.
Civil Law
Civil Law deals with relationships
between individuals (property,
contracts).
Formal means for regulating
noncriminal relationships between
individuals, businesses, agencies of
government and other organizations.
More concerned with assigning
blame as opposed to establishing
intent.
Civil Law
For example: Contracts, marriage, divorce,
wills, property transfers, negligence, and the
manufacture of products with hidden hazards
are all civil concerns.
Individuals bring the suit to court. More
concerned with assigning blame as opposed
to establishing intent.
In civil cases a “preponderance of evidence”
is required to convict.
Violations of civil law are generally
punishable by fines.
Standard of Proof
The standard of proof is the
level of proof required in a legal
action to convince the court that
a given proposition is true. The
degree of proof required
depends on the circumstances of
the proposition.
Standard of Proof
Typically, most countries have two
levels of proof: the balance of
probabilities (BOP), called the
preponderance of evidence in
the US, beyond a reasonable
doubt (commonly referred to as
BARD), or just beyond reasonable
doubt. In addition to these, the US
introduced a third standard called
clear and convincing evidence.
PREPONDERANCE OF THE
EVIDENCE
The level of proof required to prevail
in most civil cases. The judge or jury
must be persuaded that the facts are
more probably one way (the
plaintiff's way) than another (the
defendant's).
Criminal Law
Deals with offenses against an
individual that are deemed offensive to
society, causing the state to act as the
plaintiff by bringing charges against
the accused
Misdemeanor – a minor crime, such as
theft, minor assault and battery, or
possession of small amounts of certain
illegal drugs.
Criminal Law
Felony – a major crime, such as
murder, rape, armed robbery, serious
assaults, dealing illegal drugs, fraud,
auto theft, or forgery.
In criminal cases, “beyond a
reasonable doubt” is required to
convict.
Violations are punishable by fines,
incarceration, community service, life in
prison or capital punishment.
Beyond A Reasonable
Doubt
The highest level of proof required to win
a case. Necessary to get a guilty verdict
in criminal cases.
Part of jury instructions in all criminal
trials, in which the jurors are told that
they can only find the defendant guilty if
they are convinced "beyond a reasonable
doubt" of his or her guilt.
BARD
Sometimes referred to as "to a moral
certainty," the phrase is fraught with
uncertainty as to meaning, but try:
"you better be darn sure."
By comparison it is meant to be a
tougher standard than
"preponderance of the evidence”.
Equity and Public Law
Equity Law is remedial or
preventative (injunction,
restraining order).
Public law is the regulation and
enforcement of rights.
Administrative Law
Administrative law is the dictated by
the Internal Revenue Service (IRS),
Social Security Administration,
military, and health care industry.
Why do we collect
evidence?
To prove that a crime has been
committed.
To prove that a certain person(s)
committed that crime(s).
Isn’t it obvious that a crime has
been committed? Not always.
Burglary
(Old English Common
Law)
Breaking
Entering
Dwelling house
Of another
At night
with the intent to
commit a felony.
Burglary, Larceny, or
Robbery?
Burglary
The criminal offense of breaking and entering a
building illegally for the purpose of committing a
crime.
Larceny
The unauthorized taking and removal of the Personal
Property of another by an individual who intends to
permanently deprive the owner of it.
Robbery
The taking of money or goods in the possession of
another, from his or her person or immediate
presence, by force or intimidation.
What are the steps in pursuing
justice?
Accused
Plea
Bail
Probable Cause
Booked
Crime
Defense
Felony
Fingerprinted
Prosecution
Prosecutor
Scene
Trial Date
Guilty
Warrant
Innocent
72 hours
Investigate
Miranda rights
Closure
Fill in the blank
#1-4, 9-10, 14-16
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