History/Types of Law

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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
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