Chapter 1 Notes, Career/Adventure, Legal System 9/2/15 Forensic Science Drill Just write your answers to these questions. How well did you and the people you compared with yesterday agree on the Observation Lab? Do you think that having just one persons witness statement would be sufficient for a crime? What kind of things did YOU tend to miss? (clothes? Hats? Dialogue? Etc.) Objectives IWBAT Describe the structure and organization of a crime lab Explain the roles that a forensic scientist plays Collect safety contracts HW: Read Chapter 1 in the textbook. The review questions will be due next Tuesday, 9/8 Missing Forms Pd. 3 Blue/White Letter Graham Dylan Safety Contract Lacey Rufus Graham Dylan Tamer Soop Jake V. Brandon Online Parent Confirmation Graham Eryn Dylan Soop Brandon Kelly Missing Forms Pd. 5 Blue/White Letter Safety Contract Jacen Danny Parent Confirmation Trevor Kyle Missing Forms Pd. 6 Blue/White Letter Meleca Safety Contract Megan Meleca Ashley Austin Pat Lyndsey Luke Parent Letter Confirmation Nico Meleca Danzel Austin Lyndsey Agenda Drill Finish Chapter 1 Notes Its not a Career, its an Adventure! Begin Legal System Notes Closure Intro to Forensic Science Chapter 1 Definition Forensic science is the application of science to criminal and civil laws. This course emphasizes the application of science to those criminal and civil laws that are enforced by police agencies in a criminal justice system. History Alphonse Bertillon devised the first scientific system of personal identification in 1879. Francis Galton conducted the first definitive study of fingerprints and their classification. History Edmond Locardapplied scientific principles to the field of criminal investigation within a workable crime laboratory. Locards Exchange Principlestates that when a criminal comes in contact with an object or person, a cross-transfer of evidence occurs. Sir Alec Jeffreys developed the first DNA profiling test in 1984. The Crime Lab The development of crime laboratories in the United States has been characterized by rapid growth accompanied by a lack of national and regional planning and coordination. At present, approximately 350 public crime laboratories operate at various levels of government federal, state, county, and municipal. The Crime Lab The ever increasing number of crime laboratories is partly the result of the following: Supreme Court decisions in the 1960s responsible for police placing greater emphasis on scientifically evaluated evidence. Crime laboratories inundated with drug specimens due to accelerated drug abuse. The advent of DNA profiling. Four Major Federal Crime Laboratories Four major federal crime labs are: FBI largest crime lab in the world; Quantico, VA DEA (Drug Enforcement Administration) ATFE (Alcohol, Tobacco, Firearms, and Explosives) U.S. Postal Inspection Service Each offers its expertise to any local agency that requests assistance Technical Support The technical support provided by crime laboratories can be assigned to five basic services. Physical Science Unit incorporates the principles of chemistry, physics, and geology to identify and compare physical evidence. Biology Unit applies the knowledge of biological sciences in order to investigate blood samples, body fluids, hair, and fiber samples. Firearms Unit investigates discharged bullets, cartridge cases, shotgun shells, and ammunition. Document Unit provides the skills needed for handwriting analysis and other questioned-document issues. Photographic Unit applies specialized photographic techniques for recording and examining physical evidence. Skills of a Forensic Scientist A forensic scientist must be skilled in applying the principles and techniques of the physical and natural sciences to the analysis of the many types of evidence that may be recovered during a criminal investigation. A forensic scientist may also provide expert court testimony. An expert witness is an individual whom the court determines possesses knowledge relevant to the trial that is not expected of the average person. Skills of a Forensic Scientist The expert witness is called on to evaluate evidence based on specialized training and experience that the court lacks the expertise to do. The expert will then express an opinion as to the significance of the findings. Forensic scientists also participate in training law enforcement personnel in the proper recognition, collection, and preservation of physical evidence. The Frye Standard The Frye v. United States decision set guidelines for determining the admissibility of scientific evidence into the courtroom. Frye Standard To meet the Frye standard, the evidence in question must be generally accepted by the scientific community. What did the Frye case deal with? Frye Not Absolute However, in the 1993 case of Daubert v. Merrell Dow Pharmaceutical, Inc., the U.S. Supreme Court asserted that the Frye standard is not an absolute prerequisite to the admissibility of scientific evidence. Daubert Standard Trial judges were said to be ultimately responsible as gatekeepers for the admissibility and validity of scientific evidence presented in their courts, as well as all expert testimony. Daubert Criteria For Admissibility Whether the scientific technique or theory can be tested. Whether the technique has been subject to peer review and publication. The techniques potential rate of error. Existence and maintenance of standards. Whether the scientific theory or method has attracted widespread acceptance within a relevant scientific community. Special Forensic Science Services A number of special forensic science services are available to the law enforcement community to augment the services of the crime laboratory. These services include forensic pathology, forensic anthropology, forensic entomology, forensic psychiatry, forensic odontology, computer science, and forensic engineering. Special Forensic Science Services Forensic Psychiatry is an area in which the relationship between human behavior and legal proceedings is examined. Forensic Odontology involves using teeth to provide information about the identification of victims when a body is left in an unrecognizable state. Also investigates bite marks. Forensic Engineering is concerned with failure analysis, accident reconstruction, and causes and origins of fires or explosions. Forensic Computer Science involves the examination of digital evidence. Its Not Just a Career, Its an Adventure! Classify each piece of evidence into the part of the crime lab that would process it. Use a textbook from the shelf or BYOD Note: pg. 24 refers to the back of the worksheet, not your book! Work on Ch. 1 Qs until everyone is done. The Legal System Types of Law There are several different types of law in the US criminal justice system. Statutory Law Civil Law Criminal Law Equity Law Public Law Administrative Law Statutory Law Statutory law is written or codified law, the law on the books as enacted by a government body or agency having the power to make laws. Based on the constitution and precedents are set in appellate courts. The principle of recognizing previous decisions as precedents is called stare decisis. Civil Law Civil Law deals with relationships between individuals (property, contracts). Formal means for regulating noncriminal relationships between individuals, businesses, agencies of government and other organizations. More concerned with assigning blame as opposed to establishing intent. Civil Law For example: Contracts, marriage, divorce, wills, property transfers, negligence, and the manufacture of products with hidden hazards are all civil concerns. Individuals bring the suit to court. More concerned with assigning blame as opposed to establishing intent. In civil cases a preponderance of evidence is required to convict. Violations of civil law are generally punishable by fines. Standard of Proof The standard of proof is the level of proof required in a legal action to convince the court that a given proposition is true. The degree of proof required depends on the circumstances of the proposition.proofcourt Standard of Proof Typically, most countries have two levels of proof: the balance of probabilities (BOP), called the preponderance of evidence in the US, beyond a reasonable doubt (commonly referred to as BARD), or just beyond reasonable doubt. In addition to these, the US introduced a third standard called clear and convincing evidence. PREPONDERANCE OF THE EVIDENCE The level of proof required to prevail in most civil cases. The judge or jury must be persuaded that the facts are more probably one way (the plaintiff's way) than another (the defendant's). Criminal Law Deals with offenses against an individual that are deemed offensive to society, causing the state to act as the plaintiff by bringing charges against the accused Misdemeanor a minor crime, such as theft, minor assault and battery, or possession of small amounts of certain illegal drugs. Criminal Law Felony a major crime, such as murder, rape, armed robbery, serious assaults, dealing illegal drugs, fraud, auto theft, or forgery. In criminal cases, beyond a reasonable doubt is required to convict. Violations are punishable by fines, incarceration, community service, life in prison or capital punishment. Beyond A Reasonable Doubt The highest level of proof required to win a case. Necessary to get a guilty verdict in criminal cases. Part of jury instructions in all criminal trials, in which the jurors are told that they can only find the defendant guilty if they are convinced "beyond a reasonable doubt" of his or her guilt. BARD Sometimes referred to as "to a moral certainty," the phrase is fraught with uncertainty as to meaning, but try: "you better be darn sure." By comparison it is meant to be a tougher standard than "preponderance of the evidence. Equity and Public Law Equity Law is remedial or preventative (injunction, restraining order). Public law is the regulation and enforcement of rights. Administrative Law Administrative law is the dictated by the Internal Revenue Service (IRS), Social Security Administration, military, and health care industry. Why do we collect evidence? To prove that a crime has been committed. To prove that a certain person(s) committed that crime(s). Isnt it obvious that a crime has been committed? Not always. Burglary (Old English Common Law) Breaking Entering Dwelling house Of another At night with the intent to commit a felony. Burglary, Larceny, or Robbery? Burglary The criminal offense of breaking and entering a building illegally for the purpose of committing a crime. Larceny The unauthorized taking and removal of the Personal Property of another by an individual who intends to permanently deprive the owner of it. Robbery The taking of money or goods in the possession of another, from his or her person or immediate presence, by force or intimidation. What are the steps in pursuing justice? Accused Bail Booked Crime Defense Felony Fingerprinted Guilty Innocent Investigate Miranda rights Plea Probable Cause Prosecution Prosecutor Scene Trial Date Warrant 72 hours Closure Fill in the blank #1-4, 9-10, 14-16