History and Development Chapter 1 Kendall/Hunt Publishing Company1 Introduction How a crime lab works The growth and development of forensic science

History and History and DevelopmentDevelopment

Chapter 1 Kendall/Hunt Publishing Company 2

IntroductionIntroduction

How a crime lab works How a crime lab works The growth and development of The growth and development of

forensic science through history forensic science through history Federal rules of evidence, Federal rules of evidence,

including the Frye standard and including the Frye standard and the Daubert ruling the Daubert ruling

Basic types of law in the Basic types of law in the criminal justice systemcriminal justice system

Students will be able to:Students will be able to: Describe how the scientific Describe how the scientific

method is used to solve forensic method is used to solve forensic problems problems

Describe different jobs done by Describe different jobs done by forensic scientists and the forensic scientists and the experts they consult.experts they consult.

Students will learn:


Forensic ScienceForensic Science

The study and application of science to matters The study and application of science to matters of law.of law.

Includes the business of providing timely, Includes the business of providing timely, accurate, and thorough information to all levels of accurate, and thorough information to all levels of decision makers in our criminal justice system.decision makers in our criminal justice system.

The word forensic is derived from the Latin “forensis” The word forensic is derived from the Latin “forensis” meaning forum, a public place where, in Roman meaning forum, a public place where, in Roman times, senators and others debated and held judicial times, senators and others debated and held judicial proceedings.proceedings.


Collect evidence (non-bodily)

Interrogate witnesses

Arrest criminals

Investigate crime scene

CRIMINALISTICS (Forensic Laboratory Experts)

LAW ENFORCEMENT (Homicide detective, police, FBI, profilers, others)

MEDICAL EXAMINER

Forensic Careers

Forensic Chemist / Toxicologist

Questioned Document Examiner

Trace Evidence Specialist

Serologist / DNA Analyst

Firearms and Toolmarks Examiner

Latent Fingerprint Examiner

Forensic Pathologist

Forensic Entomologist

Deputy Medical Investigators

Forensic AnthropologistPhotos, sketches, notes

Bloodspatter Analyst


Criminalistics vs CriminologyCriminalistics vs Criminology

CriminalisticsCriminalistics the scientific

examination of physical evidence for legal purposes.

CriminologyCriminology includes the

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


Major Crime LaboratoriesMajor Crime Laboratories

FBIFBI DEADEA ATFATF U.S. Postal ServiceU.S. Postal Service U.S. Fish and Wildlife ServiceU.S. Fish and Wildlife Service Alabama Department of Forensic Science

s


Crime Lab HistoryCrime Lab History

First police crime lab in the world was First police crime lab in the world was established in France in 1910 by Edmond established in France in 1910 by Edmond LocardLocard

First police crime lab in the U.S. opened in First police crime lab in the U.S. opened in 1923 in Los Angeles1923 in Los Angeles

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

The first FBI crime lab opened in 1932The first FBI crime lab opened in 1932


Major Developments Major Developments in Forensic Science Historyin Forensic Science History

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

~1000—Roman courts determined that bloody palm prints were ~1000—Roman courts determined that bloody palm prints were used to frame a man in his brother’s murderused to frame a man in his brother’s murder

1149—King Richard of England introduced the idea of the 1149—King Richard of England introduced the idea of the coroner to investigate questionable deathcoroner to investigate questionable death

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

1598—Fidelus was first to practice forensic medicine in Italy1598—Fidelus was first to practice forensic medicine in Italy 1670—Anton Van Leeuwenhoek constructed the first high-1670—Anton Van Leeuwenhoek constructed the first high-

powered microscopepowered microscope 1776—Paul Revere identified the body of General Joseph 1776—Paul Revere identified the body of General Joseph

Warren based on the false teeth he had made for himWarren based on the false teeth he had made for him 1784—John Toms convicted of murder on basis of torn edge of 1784—John Toms convicted of murder on basis of torn edge of

wad of paper in pistol matching a piece of paper in his pocketwad of paper in pistol matching a piece of paper in his pocket


Major Developments in Forensic Major Developments in Forensic Science HistoryScience History

1859—Gustav Kirchhoff and Robert Bunsen developed the science of 1859—Gustav Kirchhoff and Robert Bunsen developed the science of spectroscopy.spectroscopy.

1864—Crime scene photography developed1864—Crime scene photography developed 1879—Alphonse Bertillon developed a system to identify people using 1879—Alphonse Bertillon developed a system to identify people using

particular body measurementsparticular body measurements 1896—Edward Henry developed first classification system for 1896—Edward Henry developed first classification system for

fingerprint identificationfingerprint identification 1900—Karl Landsteiner identified human blood groups1900—Karl Landsteiner identified human blood groups 1904—Edmond Locard formulated his famous principle, “Every 1904—Edmond Locard formulated his famous principle, “Every

contact leaves a trace.”contact leaves a trace.” 1922—Francis Aston developed the mass spectrometer.1922—Francis Aston developed the mass spectrometer. 1959—James Watson and Francis Crick discover the DNA double 1959—James Watson and Francis Crick discover the DNA double

helixhelix 1977—AFIS developed by FBI, fully automated in 19961977—AFIS developed by FBI, fully automated in 1996 1984—Jeffreys developed and used first DNA tests to be applied to a 1984—Jeffreys developed and used first DNA tests to be applied to a

criminal casecriminal case


People of Historical SignificancePeople of Historical Significance

Edmond Locard Edmond Locard (1877-1966)(1877-1966)

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

laboratory in France in 1910laboratory in France in 1910 Locard Exchange PrincipleLocard Exchange Principle

Whenever two objects come into contact Whenever two objects come into contact with each other, traces of each are with each other, traces of each are exchanged.exchanged.


Mathieu Orfila Mathieu Orfila (1787-1853) (1787-1853) Father of forensic Father of forensic

toxicologytoxicology Native of SpainNative of Spain In 1814 he In 1814 he

published the 1published the 1stst scientific treatise on scientific treatise on the detection of the detection of poisons and their poisons and their effects on animalseffects on animals


Sir Arthur Conan Sir Arthur Conan Doyle (1859-1930)Doyle (1859-1930) Creator of Sherlock Creator of Sherlock

HolmesHolmes Ability to describe Ability to describe

scientific methods scientific methods of detection years of detection years before they were before they were actually discovered actually discovered and implementedand implemented


Alphonse Bertillon Alphonse Bertillon (1853-1914)(1853-1914) French law French law

enforcement officerenforcement officer Developed Developed anthropometryanthropometry (procedure of taking a (procedure of taking a series of body series of body measurements as a measurements as a means of distinguishing means of distinguishing one individual from one individual from another)another)


Francis Galton Francis Galton (1822-1911)(1822-1911) Developed a Developed a

methodology of methodology of classifying classifying fingerprintsfingerprints

Published Published Finger Finger PrintsPrints in 1892 in 1892


Leone Lattes (1887-Leone Lattes (1887-1954)1954) Professor at the Professor at the

Institute of Forensic Institute of Forensic Medicine at the Medicine at the University of Turin in University of Turin in ItalyItaly

In 1915 he devised a In 1915 he devised a procedure for procedure for determining the determining the blood group of a blood group of a dried bloodstaindried bloodstain


Calvin Goddard Calvin Goddard (1891-1955)(1891-1955) U.S. Army colonelU.S. Army colonel Established the Established the

comparison comparison microscope as the microscope as the indispensable tool indispensable tool of the firearms of the firearms examinersexaminers


Albert S. Osburn (1858-1946)Albert S. Osburn (1858-1946) Developed principles of document Developed principles of document

examinationexamination In 1910 he authored In 1910 he authored Questioned Questioned

DocumentsDocuments


““WANTED” flyerWANTED” flyer

Create an illustration of the Create an illustration of the contribution of your assigned contribution of your assigned scientistscientist

Entitle your illustration the scientist’s Entitle your illustration the scientist’s namename

Write at least 2 sentences that Write at least 2 sentences that explains your scientist’s contribution explains your scientist’s contribution to forensic science under your to forensic science under your illustration.illustration.


Scientific MethodScientific Method(as it pertains to criminalistics)(as it pertains to criminalistics)

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

2.2. Consider a hypothesis or possible solution.Consider a hypothesis or possible solution.3.3. Examine, test, and then analyze the evidence.Examine, test, and then analyze the evidence.4.4. Determine the significance of the evidence.Determine the significance of the evidence.5.5. Formulate a theory based on evaluation of the Formulate a theory based on evaluation of the

significance of the evidencesignificance of the evidence


Complex Reasoning SkillsComplex Reasoning Skills

Necessary to Work Through and Solve Crimes:Necessary to Work Through and Solve Crimes: Deductive and Inductive ReasoningDeductive and Inductive Reasoning ClassifyingClassifying Comparing and ContrastingComparing and Contrasting Problem SolvingProblem Solving Analyzing PerspectivesAnalyzing Perspectives Constructing SupportConstructing Support Error AnalysisError Analysis


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

The U.S. ConstitutionThe U.S. Constitution supreme body of lawssupreme body of laws

Statutory LawStatutory Law written law enacted by a written law enacted by a

governmental body having the governmental body having the power to make lawspower to make laws

Common Law or Case LawCommon Law or Case Law made by judgesmade by judges

Civil LawCivil Law deals with relationships between deals with relationships between

individuals involving such matters individuals involving such matters as property or contractsas property or contracts

Criminal LawCriminal Law regulates and enforces rightsregulates and enforces rights

Equity LawEquity Law Remedial or preventive (restraining Remedial or preventive (restraining

order)order) Administrative LawAdministrative Law

Established by agencies such as IRS, Established by agencies such as IRS, SSA, or militarySSA, or military


The Bill of RightsThe Bill of RightsGives individuals the right:Gives individuals the right:

To be presumed innocent until proven To be presumed innocent until proven guiltyguilty

Not to be searched unreasonablyNot to be searched unreasonably Not to be arrested without probable Not to be arrested without probable

causecause Against unreasonable seizure of Against unreasonable seizure of

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

throughout the justice processthroughout the justice process To an attorneyTo an attorney To trial by juryTo trial by jury To know any charges against oneselfTo know any charges against oneself

To cross-examine prosecution To cross-examine prosecution witnesseswitnesses

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

crimecrime Against cruel and unusual punishmentAgainst cruel and unusual punishment To due processTo due process To a speedy trialTo a speedy trial Against excessive bailAgainst excessive bail Against excessive finesAgainst excessive fines To be treated the same as others, To be treated the same as others,

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


MirandaMiranda Rights Rights

After suspect has been arrested, he/she After suspect has been arrested, he/she is booked, fingerprinted, photographed, is booked, fingerprinted, photographed, and informed of his or her and informed of his or her MirandaMiranda Rights Rights

MirandaMiranda v. Arizonav. Arizona 1966 1966


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

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


Miranda RightsMiranda RightsThe following is a minimal Miranda The following is a minimal Miranda

warning:warning: You have the right to remain silent. Anything You have the right to remain silent. Anything

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


Types of CrimesTypes of Crimes InfractionInfraction

jaywalking, littering, violations of municipal codes (such as building or housing), disturbing the peace, or falsification of information

MisdemeanorMisdemeanor petty theft, prostitution,

public intoxication, simple assault, disorderly conduct, trespass, vandalism

FelonyFelony aggravated assault and/or

battery, arson, burglary, illegal drug abuse/sales, embezzlement, grand theft, treason, espionage, racketeering, robbery, murder, rape, kidnapping and fraud.


Further steps in judicial systemFurther steps in judicial system

ArraignmentArraignment Informed of chargesInformed of charges RightsRights BailBail Plea of guilty, not guilty, not guilty by reason of Plea of guilty, not guilty, not guilty by reason of

insanity, double jeopardy, no contestinsanity, double jeopardy, no contest If guilty plea, then preliminary hearing with If guilty plea, then preliminary hearing with

no jury and judge will pass sentence.no jury and judge will pass sentence. If not guilty plea, then the judge will decide If not guilty plea, then the judge will decide

if there is enough evidence to take the case if there is enough evidence to take the case to trial and set a date. to trial and set a date.


FactsFacts

Only about 50% of all people Only about 50% of all people arrested are eventually convicted, arrested are eventually convicted, and of those, only 25% are and of those, only 25% are sentenced to a year or more in sentenced to a year or more in prison.prison.

About 90% of cases are plea About 90% of cases are plea bargained. bargained.


AssignmentAssignment

If you were caught red-handed in a If you were caught red-handed in a burglary, what procedures would you burglary, what procedures would you expect to experience before expect to experience before sentencing?sentencing?


Federal Rules of EvidenceFederal Rules of EvidenceIn order for evidence to In order for evidence to

be admissible, it be admissible, it must be:must be:

ProbativeProbative—actually —actually prove somethingprove something

MaterialMaterial—address an —address an issue that is relevant to issue that is relevant to the particular crimethe particular crime


Admissibility of EvidenceAdmissibility 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.

website

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 The judge decides if the evidence

can be entered into the trial.can be entered into the trial.


Facets of GuiltFacets of Guilt

Try to prove:Try to prove:

MeansMeans—person had the ability to do the crime—person had the ability to do the crime MotiveMotive—person had a reason to do the crime—person had a reason to do the crime (not (not

necessary to prove in a court of law)necessary to prove in a court of law)

OpportunityOpportunity—person can be placed at the crime—person can be placed at the crime


““If the Law has made you a witness, remain a If the Law has made you a witness, remain a man (woman) of science.man (woman) of science.

You have no victim to avenge, no guilty or You have no victim to avenge, no guilty or innocent person to ruin or save.innocent person to ruin or save.

You must bear testimony within the limits of You must bear testimony within the limits of science.”science.”

——P.C.H. BrouardelP.C.H. Brouardel


Backpack MysteryBackpack Mystery

Read through the storyRead through the story Record the guilty person’s:Record the guilty person’s:

MeansMeans MotiveMotive OpportunityOpportunity