INSTRUCTORS:
Honorable Cale Bradford, Adjunct Faculty bradfordcalej@yahoo.com
Judge, Indiana Court of Appeals
Scott C. Newman, Visiting Asst. Professor sconewma@iupui.edu
Former Marion County Prosecutor, former Director of Public Safety, City of Indianapolis
PRINCIPLES OF UNDERGRADUATE LEARNING
Critical Thinking - evaluate the logic, validity, and relevance of data; analyze complex issues and make informed decisions
Integration & Application of Knowledge - meet professional standards and competencies
Values and Ethics - make informed and principled choices regarding conflicting situations in their personal and public lives and to foresee the consequences of these choices
COURSE DESCRIPTION:
This course explores the application of various laws and rules of evidence to the forensic sciences, and examines how the admission and persuasive use of evidence derived from the forensic sciences impacts the administration of justice in the United States. The forensic sciences refer to a group of sub-specialties in science and medicine that can answer questions about legal and factual issues, both civil and criminal. Forensic scientists apply their expertise, their ethical and quality standards, their principles and methods of investigation, and their focused experimentation and lab skills to render opinion testimony beyond what would be permitted to the non-expert, fact witness.
Practitioners in numerous disciplines are finding themselves increasingly in demand in the courtroom as expert witnesses. What matters they may testify about, and how their respective disciplines may properly conform to the Rules of Evidence will be discussed in some detail. Hence, this course will be of value to a number of disciplines including those who are law-trained, and anyone seeking the skills and knowledge to be more comfortable, competent, and valuable as an expert in the courtroom setting.
The content of this class may be modified in real time as significant court decisions are handed down either by the Indiana courts or by the US Supreme Court.
REQUIRED TEXTS:

Forensic Science and the Law
Syllabus
C. Bradford and S. Newman
We anticipate that all documentation for this course will be made available on-line at no cost. This documentation includes but is not limited to:
 Federal Rules of Evidence
 Indiana Rules of Evidence
 Faculty-authored articles/memoranda
PowerPoint presentations, outlines, and
 Pertinent edited and un-edited opinions issued by the Indiana Courts and the
Federal Courts will be made available for students.
WHY IS THIS COURSE IMPORTANT FOR SCIENTISTS AND THE JUDICIARY?
Forensic scientists today are facing unprecedented levels of scrutiny, requiring ever greater skills, openness, and accountability. While for many years, a forensic scientist’s testimony would often be accepted uncritically by both parties in the courtroom, that attitude of deference began to change in the 1990s. There has been a widespread recognition among attorneys (prosecution and defense), judges, and indeed the leadership of the forensic science scholarly community itself, that forensic scientists are fallible, and that their data, their conclusions, and the methods and reasons underlying those conclusions should be subjected to greater scrutiny.
In 1993, in the U.S. Supreme Court case of Daubert v. Merrell Dow Pharmaceuticals, Inc., the standards for the admission of scientific testimony were changed from what had been the prevailing legal standard since 1923. The “general acceptance” principle first articulated in Frye v. United States was replaced by the relevancy and reliability standards of the Federal Rules of Evidence (Rule 702). Among other important and practical topics for the forensic sciences practitioner-to-be, this class will examine what the new admissibility and quality standards mean both for scientists and for participants in the judicial system.
PRIMARY LEARNING OBJECTIVES
 Student will be able to apply knowledge of the rules of evidence to promote effectiveness in the collection of evidence, examination/analysis of the evidence, and in the preparation of scientific reports and testimony.
 Student will describe the kinds of evidence that require a scientific foundation for admission.
 Student will demonstrate the ability to conduct accurate comprehensive and focused scientific investigations and apply appropriate rules of evidence.
 Student will interpret and implement standards of forensic practice as established by the rules of evidence.
 Student will apply knowledge of forensic science to case scenarios, and will exhibit increased mastery of the written and verbal presentation of scientific evidence generally.
2

Forensic Science and the Law
Syllabus
C. Bradford and S. Newman
ADDITIONAL LEARNING OBJECTIVES
 Participants will become familiar with basic practical and legal aspects of some forensic techniques.
 The participants will be able to conduct a critical evaluation of the limitations and capabilities of some techniques for the purposes of writing reports and testifying in court.
 Students will learn proper techniques for courtroom testimony and the use of exhibits.
TRAINING OBJECTIVES
 To teach students to understand the forensic scientist’s role in the courtroom as an expert or factual witness.
 To teach students how to properly evaluate scientific reports for completeness and accuracy.
 To teach students how to effectively prepare themselves for, and respond in the judicial forum, to direct and cross examination as a forensic scientist/expert witness.
INSTRUCTIONAL METHODS:
Use of lectures, class discussions, readings (in the form of case law, journals, textbooks, newspapers, internet news), site visits and monitoring of the Indiana General Assembly and Courts, and United States Congress and federal courts for significant legislation and decisions, and student presentations to acquaint students with a range of concepts, ideas, factors, and opinions relative to policy development, laws, and rules for the admission of forensic science evidence. Class discussion is a central component of this course. Successfully completing this course will require that the student maintain excellent attendance.
FULFILLING THE COURSE REQUIREMENTS WILL INCLUDE:
 Completing a comprehensive final exam
 Submitting an individual paper (12to15 pages) and providing an in-class presentation on an evidentiary issue, law or a court’s decision admitting a scientific opinion, applying a rule or law involving forensic evidence.
 Attending class and participating in class discussions -- This will be measured by evaluating the student’s ability to provide responses to in-class questions.
 Students will also be evaluated on their abilities to justify scientific conclusions in formal moot-court sessions, in-class presentation and defense of written work (term papers), and on-going informal classroom discussions.
 Graduate students will participate and be graded on a trial exercise
3

Forensic Science and the Law
Syllabus
C. Bradford and S. Newman whereupon the student will testify on direct and cross examination in a real courtroom setting.
JOURNAL / NEWS ARTICLES AND STUDENT PAPERS PAPER STYLE: To follow APA or the current revision of A Uniform System of Citation (“Blue Book”).
EXAMINATIONS:
There will be one comprehensive final examination.
PLEASE NOTE: ALL written work, exams, papers and reports which are requested by faculty members to be submitted electronically
MUST be in Word format.
UNDERGRADUATE STUDENTS PERCENTAGE OF CREDIT TOWARDS CLASS GRADE
EVALUATION CRITERIA:
 Final examination 40%
 Individual paper and Presentation 25%
 Class attendance and participation 35%
GRADUATE STUDENT PERCENTAGE OF CREDIT TOWARDS CLASS GRADE
EVALUATION CRITERIA:
 Final examination 30%
 Individual paper and Presentation 20%
 Trial court exercise 20%
 Class attendance and participation 30%
GRADING SCALE:
100-98
97-94
93-90
A+
A
A-
89-86
85-82
81-78
77-74
73-70
69-66
65-62
< 62
B+
B
B-
C+
C
C -
D
F
COURSE TOPICS
Course topics will include the following:
4

Forensic Science and the Law
Syllabus
C. Bradford and S. Newman
 Preparation for testimony, including review of reports, anticipation of likely defense and prosecution questions, and creation of a curriculum vitae, reference lists (e.g., of supporting articles and case rulings), and a summary of testifying experience
 Differences between an expert and a lay or factual witness
 Use of documentation in court and avoidance of inappropriate language
 Potential outcomes/impact of expert testimony
 Court rulings in related cases
 Subpoenas: the process, including the differences between criminal and civil investigations and appropriate response procedures to subpoenas in each case, and consequences of not sharing requested information or of subpoenaed individuals who do not show up for court
 Basic judicial process, including players’ roles, legal terminology, and the differences between criminal and civil processes
 Proper behavior and appropriate attire in court
 Use of plain language to explain forensic terms and processes
 Maintenance of an objective status
 Pretrial communication/contact with attorneys
 High-profile cases: effective approaches to dealing with these cases, potential impact of these cases on the field, and management of the stress of being involved in such a case
 Mock trial questioning to demonstrate the judicial process and testimony skills
 Grappling with ethical breaches and management dilemmas in the laboratory
Academic Misconduct
(Excerpted from Academic Handbook (2001), and the Code of Student Rights, Responsibilities, and
Conduct) http://www.indiana.edu/~deanfac/acadhbk/acad_handbk_2001.pdf
http://www.life.iupui.edu/Who/Dean/Code
The Academic Handbook states that faculty members have the responsibility of fostering the
“intellectual honesty as well as the intellectual development of students....The faculty member should explain clearly the meaning of cheating and plagiarism as they apply to the course....Should the faculty member detect signs of plagiarism or cheating, it is his or her most serious obligation to investigate these thoroughly, to take appropriate action with respect to the grades of students, and in any event to report the matter to the Dean of Students. The necessity to report every case of cheating, whether or not further action is desirable, arises particularly because of the possibility that this is not the student’s first offense, or that other offenses may follow it. Equity also demands that a uniform reporting practice be enforced; otherwise, some students will be penalized while others guilty of the same actions will go free.” (p. 172).
Academic Misconduct: (from the Code of Student Rights, Responsibilities, and Conduct)
1. Cheating: A student must not use or attempt to use unauthorized assistance, materials, information, or study aids in any academic exercise, including, but not limited to, the following:
5

Forensic Science and the Law
Syllabus
C. Bradford and S. Newman a. A student must not use external assistance on any "in-class" or "take-home" examination, unless the instructor specifically has authorized external assistance. This prohibition includes, but is not limited to, the use of tutors, books, notes, and calculators. b. A student must not use another person as a substitute in the taking of an examination or quiz. c. A student must not steal examinations or other course materials. d. A student must not allow others to conduct research or to prepare work for him or her without advance authorization from the instructor to whom the work is being submitted. Under this prohibition, a student must not make any unauthorized use of materials obtained from commercial term paper companies or from files of papers prepared by other persons. e. A student must not collaborate with other persons on a particular project and submit a copy of a written report which is represented explicitly or implicitly as the student's individual work. f. A student must not use any unauthorized assistance in a laboratory, at a computer terminal, or on field work. g. A student must not submit substantial portions of the same academic work for credit or honors more than once without permission of the instructor to whom the work is being submitted. h. A student must not alter a grade or score in any way.
2. Fabrication: A student must not falsify or invent any information or data in an academic exercise including, but not limited to, records or reports, laboratory results, and citations to the sources of information.
3. Plagiarism: A student must not adopt or reproduce ideas, words, or statements of another person without appropriate acknowledgment. A student must give credit to the originality of others and acknowledge indebtedness whenever he or she does any of the following: a. Quotes another person's actual words, either oral or written; b. Paraphrases another person's words, either oral or written; c. Uses another person's idea, opinion, or theory; or d. Borrows facts, statistics, or other illustrative material, unless the information is common knowledge.
4. Interference a. A student must not steal, change, destroy, or impede another student's work. Impeding another student's work includes, but is not limited to, the theft, defacement, or mutilation of resources so as to deprive others of the information they contain. b. A student must not give or offer a bribe, promise favors, or make threats with the intention of affecting a grade or the evaluation of academic performance.
Faculty Action
If a faculty member has information that one of his/her students committed an act of academic misconduct, the faculty member is required to hold an informal conference with the student. The conference should be prompt and private. If the faculty member concludes that the student is responsible for the misconduct, then the faculty member is authorized to impose an appropriate academic sanction (i.e., lower or failing grade on the assignment, assessing a lower or failing grade for the course).
After reporting the information to the Dean of Students, he/she will review the information to determine if additional sanctions should be applied.
Sanctions are outlined in the Code of Student Rights, Responsibilities, and Conduct. This document appears on the web at the following address: http://www.life.iupui.edu/Who/Dean/Code/
Policy on Student Academic Misconduct
Faculty are required to report all incidents of academic misconduct to the Dean of Students. For information about policies and procedures, including due process requirements, see the Code of
Student Rights, Responsibilities, and Conduct, especially part III: Student Misconduct and Part IV:
6

Forensic Science and the Law
Syllabus
C. Bradford and S. Newman
Student Disciplinary Procedures. The code is accessible on the internet at http://www.life.iupui.edu/Who/Dean/Code
If you need any special accommodations due to a disability, please contact Adaptive Educational
Services at (317)-274-3241. The office is located in CA 001E.
7