Chapter 1 CRIME LABS Chapter 1 Kendall/Hunt Publishing Company1 Forensic Science The study and application of science to matters of law. Includes

Chapter 1CRIME LABS

Chapter 1 Kendall/Hunt Publishing Company 2

Forensic Science

The study and application of science to matters of law.

Includes the business of providing timely, accurate, and thorough information to all levels of decision makers in our criminal justice system. The word forensic is derived from the Latin “forensis”

meaning forum, a public place where, in Roman times, senators and others debated and held judicial proceedings.


Criminalistics vs Criminology

Criminalisticsthe scientific

examination of physical evidence for legal purposes.

Criminologyincludes the

psychological angle, studying the crime scene for motive, traits, and behavior that will help to interpret the evidence


Major Developments in Forensic Science History

700s AD—Chinese used fingerprints to establish identity of documents and clay sculptures

1200s—A murder in China is solved when flies were attracted to invisible blood residue on a sword of a man in the community

1670—Anton Van Leeuwenhoek constructed the first high-powered microscope

1776—Paul Revere identified the body of General Joseph Warren based on the false teeth he had made for him


Major Developments in Forensic Science History

1879—Alphonse Bertillon developed a system to identify people using particular body measurements

1896—Edward Henry developed first classification system for fingerprint identification

1900—Karl Landsteiner identified human blood groups

1904—Edmond Locard formulated his famous principle, “Every contact leaves a trace.”

1959—James Watson and Francis Crick discover the DNA double helix

1977—AFIS developed by FBI, fully automated in 1996

1984—Jeffreys developed and used first DNA tests to be applied to a criminal case


People of Historical SignificanceEdmond Locard (1877-1966)

French professor Considered the father of criminalistics Built the world’s first forensic

laboratory in France in 1910 Locard Exchange Principle

Whenever two objects come into contact, there is always a transfer of material. The methods of detection may not be sensitive enough to demonstrate this, or the decay rate may be so rapid that all evidence of transfer has vanished after a given time. Nonetheless, the transfer has taken place.


Crime Lab—Basic Services Physical Science Unit

Chemistry Physics Geology

Biology Unit Firearms Unit Document Examination

Unit Photography Unit


Crime Lab—Optional Services

Toxicology Unit Latent Fingerprint Unit Polygraph Unit Voiceprint Analysis Unit Evidence Collection Unit


Other Forensic Science Services

Forensic Pathology Forensic Anthropology Forensic Entomology Forensic Psychiatry Forensic Odontology Forensic Engineering Cybertechnology

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Who Runs the Crime LabsCrime labs can be either public or

privatePublic labs are usually run by national,

state, or local law enforcement agenciesUsually contain labs for several different

disciplines/services

Private labs are usually run by a person or a corporationUsually focus on one type of crime

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Variations In The Crime Lab Why aren’t all crime labs the same?

1. Variations in local laws2. Different capabilities and functions of

the organization to which the lab is attached

3. Budgetary and staffing limitations4. Crime patterns in lab’s area


Crime Lab History First police crime lab in the world was established in

France in 1910 by Edmond Locard

First police crime lab in the U.S. opened in 1923 in Los Angeles

The Scientific Crime Detection Lab was founded in Evanston, Illinois in 1929

The first FBI crime lab opened in 1932


Major Crime Laboratories FBI largest crime lab in the world DEA

Both FBI and DEA labs are run through the Department of Justice

ATF Run through the Department of the Treasury

Deals with crimes involving alcohol, weapons, explosives and organized crime

U.S. Postal Service U.S. Fish and Wildlife Service

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Chapter 1The Forensic Scientist and

Law


Crime Scene Team A group of professional investigators, each trained in a variety of

special disciplines. Team Members

First Police Officer on the scene Medics (if necessary) Investigator(s) Medical Examiner or Representative (if necessary) Photographer and/or Field Evidence Technician Lab Experts

pathologist serologistDNA expert toxicologistforensic odontologist forensic anthropologistforensic psychologist forensic entomologistfirearm examiner bomb and arson expertdocument and handwriting experts fingerprint expert

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The Forensic Scientist A forensic scientist must:

Study the different types of evidence found at the crime scene

Be methodical1st observe the general characteristics of the evidence, then do

more specific features

Must link evidence to a crime and to the suspects by identifying and comparing relevant material

Be ready to testify as an expert witness at a trial or hearingPresents data, weighs the importance of the evidence presented,

and provides an impartial opinion

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Scientific Method(as it pertains to criminalistics)

1. Observe a problem or questioned evidence and collect objective data.

2. Consider a hypothesis or possible solution.3. Examine, test, and then analyze the

evidence.4. Determine the significance of the evidence.5. Formulate a theory based on evaluation of

the significance of the evidence


Complex Reasoning Skills

Necessary to Work Through and Solve Crimes: Deductive and Inductive Reasoning Classifying Comparing and Contrasting Problem Solving Analyzing Perspectives Constructing Support Error Analysis


Laws that Pertain to the U.S. Criminal Justice System

The U.S. Constitution Statutory Law Common Law or Case Law Civil Law Criminal Law Equity Law Administrative Law


The Bill of RightsGives individuals the right:

To be presumed innocent until proven guilty

Not to be searched unreasonably Not to be arrested without probable

cause Against unreasonable seizure of

personal property Against self-incrimination To fair questioning by police To protection from physical harm

throughout the justice process To an attorney To trial by jury To know any charges against

oneself

To cross-examine prosecution witnesses

To speak and present witnesses Not to be tried again for the same

crime Against cruel and unusual

punishment To due process To a speedy trial Against excessive bail Against excessive fines To be treated the same as others,

regardless of race, gender, religious preference, country of origin, and other personal attributes

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Statutory Law

Legislative acts declaring, commanding, or prohibiting something Based on the Constitution

Created by a governmental body or agency

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Common Law / Case Law

The body of law made of judicial opinions and precedents Laws made by judges

Set in appellate courts

Recognizes previous decisions as precedent Makes for predictability and consistency

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Civil LawDeals with non-criminal suits brought to

protect or preserve a civil or private right or matter Determines relationships between individuals

involving matters like property or contracts

“Private Law”

Assigns blame rather than establishing intent

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Criminal Law

Regulation and enforcement of rights setting the acceptable limits of conduct in society Deals with the regulation and enforcement

of rights

“Public Law”

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Types of Criminal Law Misdemeanor

Minor crimeTheft, minor assault and battery, or possession

Usually punished with a fine or confinement other than a prison

Felony Major crime

Murder, rape, arson, forgery

Punishable by more than one year of imprisonment up to execution

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Probable Cause Prosecution must prove guilt “beyond a

reasonable doubt” to convict a suspect

Probable cause situation in which a reasonable and prudent person, viewing the available information, would conclude that a crime has been committed and that the suspect committed it

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Equity Law and Administrative Law

Equity Law Remedial or preventative (like an injunction

or a restraining order)

Administrative LawLaws established by agencies like the IRS,

Social Security Administration, or the branches of the military

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Chapter 1The Pursuit of Justice

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Justice Confusion

The steps in pursuing justice are complex and confusing because of different jurisdictions, different state rules and procedures, the type of crime, extenuating circumstances, and prior history


Miranda v Arizona In 1963, Ernesto Miranda, a 23 year old mentally

disturbed man, was accused of kidnapping and raping an 18-year-old woman in Phoenix, Arizona. He was brought in for questioning, and confessed to the crime. He was not told that he did not have to speak or that he could have a lawyer present. At trial, Miranda's lawyer tried to get the confession thrown out, but the motion was denied. The case went to the Supreme Court in 1966. The Court ruled that the statements made to the police could not be used as evidence, since Mr. Miranda had not been advised of his rights.


Miranda Rights

The following is a minimal Miranda warning:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at the government’s expense.


The StepsAfter a suspect has been

arrested: Booked basic information is

collected Arraigned suspect hears

charges brought against them and bail if appropriateSuspect also offers a plea of guilty,

not guilty, not guilty by reason of insanity, double jeopardy, or no contest

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The Steps – The Guilty Plea A person who pleads guilty goes to a preliminary

hearing No jury – just judge, defense, and prosecution Can be found guilty at this hearing If found not guilty, the case goes to trial

Grand jury used instead of a preliminary hearing in some states 16-23 people decide whether the prosecution has a case or

not Majority rules If indicted (accused), a trial date is set

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The Steps – Not Guilty By Reason of Insanity

Must show “clear and convincing evidence” that at the time of the committing the crime, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts”


Types of Crimes

Infraction Misdemeanor Felony


Federal Rules of Evidence

In order for evidence to be admissible, it must be:

Probative actually prove something

Material address an issue that is relevant to the particular crime


Admissibility of Evidence1923 Frye v. United States Scientific evidence is allowed

into the courtroom if it is generally accepted by the relevant scientific community. The Frye standard does not offer any guidance on reliability. The evidence is presented in the trial and the jury decides if it can be used.

1993 Daubert v. DowAdmissibility is determined by: Whether the theory or technique

can be tested Whether the science has been

offered for peer review Whether the rate of error is

acceptable Whether the method at issue

enjoys widespread acceptance. Whether the opinion is relevant

to the issueThe judge decides if the evidence

can be entered into the trial.


Facets of Guilt

Try to prove:

Means person had the ability to do the crime Motive person had a reason to do the crime

(not necessary to prove in a court of law)

Opportunity person can be placed at the crime

Documents

Chapter 1 CRIME LABS Chapter 1 Kendall/Hunt Publishing Company1 Forensic Science The study and application of science to matters of law. Includes