HISTORY OR FORENSICS & LAW Daily Objective: Determine differences between class and individual evidence Learn historical developments in forensics. Understand the steps to justice after a crime. Warm-up What are the steps of the scientific method? What tool might be useful in a crime where pieces of a victim’s shirt were found? video EDMOND LOCARD Forensic Investigator in the early 1900’s Stated that whenever 2 objects come into contact, there is always a transfer of material (this is evidence!) Strongly believed that a criminal could be connected to a crime by trace evidence collected at the crime scene He also believed that the only way a criminal could not be connected to a crime scene was the following reasons: Methods of detection may not be sensitive enough Decay rate may be so rapid that all evidence of transfer material vanishes after a given time. THE “FATHER OF TOXICOLOGY” ORFILA Developed test for the presence of blood He was the FIRST to use a microscope to assess blood and semen stains He was an intellectual elite: chemistry professor, dean of medicine and medical expert in criminal cases Information and picture from all-aboutforensic-science.com CRIMINOLOGIST AND ANTHROPOLOGIST Created a system using physical measurements to identify criminal (before his time eyewitness testimony was the only way) Paramount in creating a system to photograph crime scenes in a way so that they can be analyzed Information and picture from all-aboutforensic-science.com EVIDENCE Class Need many class evidence to be convincing- hair, fiber, soil, glass Individual Can place a suspect at a crime Scenefingerprints, DNA, handwriting, voiceprints CRIMINAL JUSTICE & THE LAW STEPS IN PURSUING JUSTICE 1. 2. 3. 4. 5. 6. 7. 8. Crime is committed Crime is discovered Suspect may be indentified Crime is investigated Information is collected Crime scene is documented and evidence is collected Information is assembled into a report for the prosecutor If there is enough evidence, arrest warrant is issued AFTER A SUSPECT IS ARRESTED…. 1. 2. 3. 4. 5. 6. Arrested Booked-basic information Fingerprinted Photographed Informed of his/her Miranda rights Arraigned (within 72 hours)-hear charges & enter a plea, bail set and rights understood Guilty- preliminary hearing-no jury-judge sentences Not guilty- Judge decides if there is enough evidence to take to court (evidence hearing) 7. Indicted = trial YOU’RE CRAZY! Not guilty by reason of insanity Defendant is “unable to appreciate the nature and quality of the wrongfulness of his/her acts” PLEA BARGAINING -90% of all cases are plea bargained Means the defendant and the prosecution work out a deal about the sentencing without going to trial WRAP UP 1. 2. 3. What is the difference between and arraignment and a preliminary hearing. List three things that happen before a suspect is arrested. What is Locard known for? TYPES OF CRIMES Violation-any time a law has been broken Infractions Minor offense or petty crime Examples: jaywalking, traffic violation, littering Misdemeanors Punishable by no more than 1 yr in jail st Examples: 1 offence of drunk driving, vandalism, shoplifting, simple assault, trespassing, prostitution Felonies Stiffer penalties ranging from 5yrs-life in prison Examples: arson, aggravated assault, burglary, robbery, homicide, rape, credit card fraud, identity theft HEARSAY Not admissible in criminal court for the following reasons Not reliable Not taken under oath Does not allow for cross-examination Allowed in civil suits USING SCIENTIFIC EVIDENCE IN COURT (THE FRYE AND DAUBERT STANDARD) 1. 2. 3. 4. 5. Technique of theory must be testable Must be subject to peer review Rate of error must be given Technique must follow standards Technique must attract widespread acceptance within scientific community TYPES OF LAW -4 Statutory- made by legislation (remember the 3 branches of government: executive, legislative, judicial) Common/Case Law- internet, same sex marriage, medical issues Civil- property contracts Criminal- crime