CRIMINALISTICS Chapter 1 Definition and scope of Forensic Science FORENSIC SCIENCE • Application of science to the law • Society is dependant on rules of law • Applies knowledge and technology to enforcement of laws • Science is used to help solve the argument in the criminal justice system • Science is accurate and objective FORENSIC SCIENCE • The application of science to those criminal and civil laws that are enforced by police agencies in a criminal justice system • This course ▫ Chemistry, Biology, Physics, and Geology useful for determining evidential value of crime scene and related evidence FORENSIC SCIENTISTS • • • • • • • • • Aka criminalist Can appear for either side Can appear in criminal or civil matters Tend to present findings in written reports Can attend and testify in person Give objective opinion of evidence analysis Integral part of criminal justice system TV shows Juries expect forensic scientists to be experts in all areas now because of TV shows like CSI TYPICAL INVESTIGATION • Crime scene investigators ▫ Gather evidence from: Crime scene Suspect Victim • Forensic Scientists ▫ Examine evidence ▫ Provide scientific findings INVESTIGATION • Investigative skills necessary • Knowledge of laws & their application in court • Ability to imagine events • Knowledge of the elements of proof of the offence • Knowledge of the scientific techniques available & ability to draw conclusions FORENSIC SCIENCE • Criminalistics ▫ Seems more descriptive ▫ Terms used interchangeably ▫ 3 types of evidence Trace evidence Transfer evidence Physical evidence PHYSICAL EVIDENCE • Articles of materials • Found in conjunction w/a criminal investigation • Assists in identifying the suspect or in determining the circumstances under which a crime was committed • Sources of Physical Evidence: ▫ Crime scene ▫ Suspect(s) ▫ Victim(s) HOW AN ITEM BECOMES PHYSICAL EVIDENCE • Before an object can become evidence, it must be recognized by the investigator as having a relationship to the crime committed EXAMPLES OF PHYSICAL EVIDENCE • • • • • • • • • BLOOD HAIR FIBERS PAINT GLASS FIREARMS EVIDENCE IMPRESSIONS FLAMMABLE SUBSTANCES ETC. LEGAL REQUIREMENTS OF PHYSICAL EVIDENCE • Item must be properly identified • Chain of custody must be proved • Competency must be proven INVENTORY • • • • • • • Physical evidence inventory Case Reference data Item number Brief description Where found Witnesses Serial numbers (if any) GENERAL MARKING PROCEDURES • LARGE SOLID OBJECTS ▫ MARK WITH INITIALS • SMALL SOLID OBJECTS ▫ PLACE IN CONTAINER AND SEAL ▫ MARK WITH INITIALS • LIQUIDS ▫ KEEP IN ORIGINAL CONTAINER ▫ SEAL AND MARK CHAIN OF CUSTODY RULE • The party seeking to introduce into evidence the results of examination of evidence has the burden of proving that the specimen or object is in fact derived from or taken from the particular person or place. • This proof is customarily shown by testimony which traces the location and custody of the specimen. CHRONICLE OF CUSTODY • THE STEPS IN THE CHAIN INCLUDE ▫ ▫ ▫ ▫ ▫ THE INITIAL POSSESSION BY AN OFFICER THE METHOD OF STORAGE THE JOURNEY TO THE LAB THE METHOD OF STORAGE AT LAB THE POSSESSION OF UNUSED PORTION UNTIL PRESENTED IN COURT PROOF OF CHAIN OF CUSTODY THE INVESTIGATOR ▫ HE TOOK THE EXHIBIT, IDENTIFIED IT, PLACED IN SEALED CONTAINER, MARKED FOR IDENTIFICATION ▫ THE EXHIBIT REMAINED IN HIS CARE CUSTODY OR CONTROL UNTIL DELIVERED TO LAB SCIENTIFIC REQUIREMENTS OF PHYSICAL EVIDENCE • Adequate sample must be provided • Sufficient standards (knowns) must be provided • Sample integrity must be maintained HISTORY • Individuals developed techniques and principles to identify and compare physical evidence • Individuals who merged these principles into a coherent discipline to be applied practically to criminal justice Sir Arthur Conan Doyle • Sherlock Holmes (fictional) • First applied ▫ ▫ ▫ ▫ Serology Fingerprinting Firearms identification Questioned documents • Used forensic science techniques in fiction long before they were used in real life • First Novel (A study in Scarlet) (1887) ▫ Section in book (serology) • The Sign of Four ▫ Transfer evidence Contributors to Forensic Science • Many individuals contributed • Physicians were among the first contributors due to their access to microscopes • Development in US was slow Paul Revere • 1776 • Identified body of General Warren, Revolutionary War General who sent William Dawes & Revere on their famous “Midnight Ride” • Identification was made 10 months after burial using silver dentures which Revere made for Warren • Is the 1st record of post-mortem identification by forensic odontology Mathieu Orfila (1787-1853) • • • • Father of forensic toxicology Renown teacher of medicine Native of Spain taught in France Published treatise on detection & effects of poisons in animals Alphonese Bertillon (1853-1914) • First scientific system of personal identification • 1879 Anthropometry • Used series of body measurements to identify individuals • System based on adult body measurements that he said do not change. • Called system Anthropometry • Replaced by fingerprinting • Father of criminal identification Francis Galton (1822-1911) • First definitive study of fingerprints • Developed methodology for classifying and filing ( the Henry system was better) • Published book titled “Finger Prints” • Statistical proof supporting uniqueness for personal identification • Three basic principles of fingerprinting FINGERPRINT BASICS •EVERYONE HAS FINGERPRINTS •FINGERPRINTS DO NOT CHANGE DURING A PERSONS LIFE – except for scarring •EACH FINGERPRINT IS INDIVIDUAL Leone Lattes (1887-1954) • 1901 Dr. Karl Landsteiner discovered blood can be grouped ▫ A, B, O, AB • 1915 Dr. Lattes developed a similar procedure to determine group of a dried blood stain • He immediately applied this technique to criminal investigations Dr. Calvin Goddard • • • • Physician US Army Colonel Became leading firearms examiner Established use of comparison microscope as indispensable tool of modern firearms examinations • Served as director of first Forensic Science Laboratory in America at Northwestern University in Chicago Albert Osborn (1858-1946) • Developed fundamental principles of Document examination • Responsible for acceptance of documents as scientific evidence by courts • Authored first significant text (Questioned Documents) • Book still used a primary reference Rutherford B. H. Gradwohl (1877-1959) • Physician • Organized American Academy of Forensic Sciences (1948) • Turning point and beginning of modern Forensic Sciences in America History • 1621 • 1639 • 1666 • 1691 • 1691 Pilgrims in Mass. Law regulating medical practice (Va) Coroners appointed in Md. Servant killed and robbed man, executed despite test of innocence (touch) Six surgeons ordered to autopsy governor of New York History • 1692 • 1849 • 1853 • 1877 Salem witchcraft trials (20 executed) Burned body identified with bones and teeth Poisoning detected by chemist Medical examiner system replaced coroner in Mass. History • • • • • 1883 1887 1896 1898 1903 Medico-legal journal published NY Electric bullet detector devised X-Rays admitted into evidence Handwriting used to implicate Evidence on firearms and bloodstain History • • • • 1915 1924 1927 1929 • 1931 • 1932 Firearms evidence at trial Leopold & Loeb case (Documents) Psychiatric testimony in murder St Valentine’s day massacre (stimulated Dr. Goddards laboratory) Scottsboro boys cases FBI Laboratory established History • 1932 • 1935 • 1943 • 1948 Charles Lindbergh, Jr. kidnapped and killed (Wood evidence and Documents) AL Dept of Toxicology established Murder solved by serology Alger Hiss espionage trial (Psychiatric and Document evidence) Walter C. McCrone • Worlds Preeminent Microscopist • Applied microscopy to analytical problems, especially forensics • Sought after as instructor • Educated thousands of forensic scientists throughout the world in the application of microscopic techniques Hans Gross (1847-1915) • Treatise (a formal and systematic exposition in writing of the principles of a subject, generally longer and more detailed than an essay) describing application of science to criminal investigation • Was a prosecutor • Detailed assistance investigators could expect from various fields of science • Introduced a forensic journal still published Edmond Locard (1877-1966) • Demonstrated how Gross’ principles could be incorporated into workable laboratory • Educated in Medicine and Law • 1910 Lyons Police Dept. gave two rooms and two assistants to start police laboratory • Initially had microscope and spectrometer • Founder and Director of Institute of Criminalistics at the University of Lyon • Locard’s Exchange Principle ▫ Any time there is contact there is a mutual exchange of material across the contact boundary • Locard’s success served as impetus to form other laboratories Los Angeles PD Lab (1923) • Oldest US Forensic Lab • Created by August Vollmer (chief of Berkley) • Headed institute for criminology and criminalistics at Berkley • Lacked status in University until school of criminology was formed in 1948 Paul Kirk (1902-1970) • Headed criminalistics department at Berkley • Famous Criminalist • Said: ▫ A criminal cannot go into a scene without taking something with him or leaving something behind FBI Laboratory • Established in 1932 • J. Edgar Hoover first Director • Aimed to offer forensic services to all law enforcement agencies in country • Now worlds largest forensic facility, even though they do very little of the actual investigations (b/c of crime labs at state & local levels) unless it’s a federal case • 1981 set up research and training facility (Hanible Lector) WV State Police Crime Lab The Laboratory is composed of seven specialized sections that provide the following services: - Drug Identification Section - Toxicology Section - Trace Evidence Section - Biochemistry Section - Latent Fingerprint ID Section - Firearm/Toolmarks ID Section - Questions Documents Section (Include footprint & tire impressions) Marshall University Forensic Science Center • First university to partner with a state crime lab on developing and maintaining a CODIS (Combined DNA Identification System) database WVU – Forensics & Biometrics Gateway • Forensic & Investigative Science ▫ One of only 9 nationally accredited undergraduate programs in the country (as of ’94) ▫ Curriculum focuses on the forensic examiner ▫ Trains students in the collection, scientific analysis, and evaluation of evidence collected at a crime scene or other relevant location to be used in criminal and/or civil law cases. • Biometric Systems - Applies engineering principles and technology to develop secure systems to deter crime. • Criminology & Investigations - Engages students in understanding how crimes are prosecuted and punished. • Forensic Accounting & Fraud Investigation - Applies investigative techniques to business record to trace the commission of a crime. THE CRIME LABORATORY • What is a crime laboratory? ▫ In some jurisdictions may be identification bureau ▫ In some a complex and sophisticated organization with multiple functions ▫ Most lie somewhere in between • No universal formula for establishment or operation of crime laboratory THE CRIME LABORATORY Development in US - rapid growth - lack of planning and cooperation (both nationally & regionally) - Approximately 320 laboratories Federal, State, Local - Threefold increase since 1966 THE CRIME LABORATORY • There is no one model of a crime laboratory ▫ ▫ ▫ ▫ ▫ Can be part of a police department Can be under District attorneys office Can be part of medical examiners or coroners Can be affiliated with University Can be Independent • “It must also be understood that all criminalistics examinations are made as much in behalf of the defendant or suspect as for the law enforcement agency” - Paul Kirk THE CRIME LABORATORY • Have been organized by: ▫ Those who saw the potential application ▫ Those pressed by increasing demand • Supreme court decisions in 1960’s had impact: ▫ Greater emphasis on scientific evaluation of evidence ▫ Requirements to advise suspects of constitutional rights THE CRIME LABORATORY • Reasons for growth ▫ Increase in crime rates Small percent of investigations generate scientific evidence ▫ Increase in drug related arrests ▫ Advent of DNA profiling Codis THE CRIME LABORATORY • Federal System ▫ FBI, ATF, DEA, US Postal Service • State Systems ▫ State wide system of regional and satellites • Local Laboratories ▫ Serve county or municipal jurisdictions THE CRIME LABORATORY • Fundamentals ▫ No single best way to set up or equip a crime laboratory ▫ There is no single system of operation of the criminalistics operation ▫ There are general rules of universal application ▫ There are fundamental purposes of the operation THE CRIME LABORATORY • Purposes of operation ▫ To discover, collect, and preserve physical evidence ▫ To maintain and establish a chain of evidence possession ▫ To provide complete security of evidence ▫ To ensure that evidence is subjected to all useful examinations ▫ To interpret all revealed facts consistently and completely as possible ▫ To provide accurate, clear, opjective, and understandable court presentations of findings ▫ To furnish counsel and assistance on all technical matters to officials responsible SERVICES OF THE CRIME LABORATORY • Labs developed independently therefore a wide variation in services offered ▫ Variations in local laws ▫ Different capabilities to organization to which the laboratory is attached ▫ Budgetary and staff limitations BASIC SERVICES FULL SERVICE CRIME LABORATORY PHYSICAL SCIENCE UNIT • Applies chemistry, physics, and geology to comparison and identification of evidence • Analyze diverse samples ▫ Drugs, glass, paint, explosives, soil • May be divided into sections for specialties ▫ Generalist vs. Specialist BIOLOGY UNIT • • • • • Identification and DNA profiling of blood stains Examination of other body fluids for DNA Blood spatter studies Comparison of hair & fibers ID & comparison of botanical materials (ex. wood & plant)_ FIREARMS UNIT • • • • • Examination of firearms Examination of projectiles and cartridges Examination of clothing (GSR) Toolmarks Serial number restoration DOCUMENT EXAMINATION UNIT • • • • Handwriting Typewriting Analysis of paper and ink Altered documents PHOTOGRAPHY UNIT • Examine and record evidence • Use highly specialized equipment ▫ Digital imaging, IR, UV, X-Ray, Video • Prepare photographic exhibits for court TOXICOLOGY UNIT Body fluids or organs examined for drugs and poisons May be under office of medical examiner May include implied consent unit Intoxilyzer (Breath alcohol) LATENT FINGERPRINT UNIT • Process and examine evidence for latent fingerprints POLYGRAPH UNIT • Lie detector • Initially under the laboratory • Recently placed under investigation VOICEPRINT ANALYSIS • Tie voice to a suspect • Uses sound spectrograph, an instrument that transforms speech into a visual graphic EVIDENCE COLLECTION UNIT • Incorporating evidence collection into lab is gaining recognition • Trained personnel collect evidence • May be civilian or sworn • Evidence is later processed at lab FUNCTIONS OF FORENSIC SCIENTISTS ANALYSIS OF PHYSICAL EVIDENCE FORENSIC SCIENTIST • Skilled in applying principles and techniques of physical and natural sciences • Be aware of constraints of judicial system • Procedures must rest on scientific foundation • Must satisfy admissibility established by court EXPERT TESTIMONY • Court has wide discretion in accepting an expert witness • Witness must establish that possesses a skill or knowledge that will aid in determining the truth • Court will consider experience, training, and education EXPERT TESTIMONY • Qualifying questions are asked of witness • Competency established by ▫ ▫ ▫ ▫ ▫ ▫ Education Special courses Professional societies Books or articles published Years experience Training on the job EXPERT TESTIMONY • Opposing attorney may cross examine ▫ Voire dire • Most courts reluctant to disqualify expert • When background or credentials are ambiguous it may effect the weight given testimony • Opinions may be accepted or ignored by jury EXPERT WITNESS • Opinion is based on training and experience to offer reasonable scientific certainty • Must be willing to discuss factors that minimize significance of evidence • Forensic scientist is advocate for the truth not one party • Defense able to present experts • Judge and jury must weigh pros and cons and make decision of guilt or innocence TRAINING FOR COLLECTION AND PRESERVATION OF EVIDENCE EVIDENCE TECHNICIANS Reason for training • Forensic science is of little value if evidence not properly collected • Response has been to dispatch evidence collection technicians to scene • Growing number of laboratories and police agencies keep these on 24 hour call • Trained by laboratory staff TRAINING • Administratively assigned to lab to facilitate training • Get continued exposure to techniques • Have proper tools at their disposal TRAINING • • • • Many police agencies do not use lab collections Police officer is assigned to collection Effectiveness will be dependant on training Need to make maximum use of crime lab personnel in training • Each need to be aware of other TRAINING • Difficult and time consuming to train all officers extensively • Familiarity can be gained through lectures periodically • Evidence collection manuals are available • Appendix I of textbook summarizes some of these procedures OTHER FORENSIC SCIENCE SERVICES FORENSIC PATHOLOGY • Investigation of sudden, unnatural, unexplained, or violent deaths • May be charged with answering: ▫ ▫ ▫ ▫ ▫ Who is victim What injuries are present When did injuries occur Why and how did injuries occur What is cause of death PATHOLOGY • Autopsy usually used to determine cause of death • AUTOPSY ▫ The medical dissection and examination of a body in order to determine the cause of death • Cause of death is the mechanism that actually caused death. ▫ Gunshot wound, blunt force trauma, ▫ Arteriosclerotic cardiovascular disease • Manner of death is based on circumstances surrounding the incudent ▫ ▫ ▫ ▫ ▫ Natural Homicide Suicide Accident Undetermined PATHOLOGY • Body goes through several stages of decomposition • Livor Mortis ▫ ▫ ▫ ▫ Blood settles to parts of body closest to ground Skin will appear dark blue or purple Begins immediately continues for up to 12 hours If body is restricted by clothing or pressing against object will not discolor ▫ Useful in determining position after death • Rigor Mortis ▫ The medical condition that occurs after death and results in the shortening of muscle tissue and the stiffening of body parts ▫ Manifests within 24 hours disappears within 36 hours • Algor mortis ▫ Process by which a body cools until it reaches ambient temperature ▫ Rate of cooling influenced by: Size, clothing, weather ▫ Only an estimate ▫ Will loose heat at 1- 1/2 degrees F per hour PATHOLOGY • Other factors ▫ Potassium levels in vitreous ▫ Amount of food FORENSIC ANTHROPOLOGY • Primarily concerned with identification and examination of skeletal remains • Bones are durable • Can reveal: ▫ Sex, origin, age, race, injury, etc • Facial reconstruction • Identification at mass disasters FORENSIC ENTOMOLOGY • • • • The study of insects Used to estimate time of death Affected by environmental conditions Not always straightforward FORENSIC PSYCHIATRY • Relationship between human behavior and legal proceedings • Civil – are people competent to make decisions ( wills, contracts, medical, etc) • Criminal – behavioral disorders and competency to stand trial • Behavioral profiling FORENSIC ODONTOLOGY Provide information about identification through dental examination Criminal investigation of bite mark evidence FORENSIC ENGINEERING • Failure analysis • Accident reconstruction • Causes or origins of fires or explosions