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					Chapter 1
               Forensic Science
àThe 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.

Chapter 1                Kendall/Hunt Publishing Company             1
Criminalistics vs Criminology
 Criminalistics                  Criminology
 àthe scientific                 àincludes the
  examination of                  psychological angle,
  physical evidence               studying the crime
  for legal purposes.             scene for motive,
                                  traits, and behavior
                                  that will help to
                                  interpret the
Chapter 1       Kendall/Hunt Publishing Company      2
                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

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    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

      §     1900—Karl Landsteiner identified human blood groups

      §     1904—Edmond Locard formulated his famous principle, “Every contact leaves a

      §     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

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People of Historical Significance
            Edmond Locard (1877-1966)
            § French professor
            § Considered the father of criminalistics
            § Built the world’s first forensic
              laboratory in France in 1910
            § Locard Exchange Principle
                àWhenever 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.

Chapter 1    Kendall/Hunt Publishing Company               5
  Crime Lab—Basic Services
 § Physical Science Unit
    § Chemistry
    § Physics
    § Geology
 § Biology Unit
 § Firearms Unit
 § Document Examination
 § Photography Unit

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  Crime Lab—Optional Services

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

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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 Labs
  ØCrime labs can be either public or
       àPublic labs are usually run by national,
        state, or local law enforcement agencies
             ØUsually contain labs for several different
       àPrivate labs are usually run by a person or
        a corporation
             ØUsually focus on one type of crime

 Chapter 1
Variations In The Crime Lab
  Ø Why aren’t all crime labs the same?

  Ø Variations in local laws
  Ø Different capabilities and functions of
    the organization to which the lab is
  Ø Budgetary and staffing limitations
  Ø Crime patterns in lab’s area
 Chapter 1
            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

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       Major Crime Laboratories
§ FBI à largest crime lab in the world
  §   Both FBI and DEA labs are run through the Department
      of Justice
  §Run through the Department of the Treasury
  àDeals with crimes involving alcohol, weapons,
   explosives and organized crime
§ U.S. Postal Service
§ U.S. Fish and Wildlife Service
  Chapter 1           Kendall/Hunt Publishing Company   12
                Chapter 1
            The Forensic Scientist and

Chapter 1
                 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                            serologist
              DNA expert                             toxicologist
              forensic odontologist                  forensic anthropologist
              forensic psychologist                  forensic entomologist
              firearm examiner                       bomb and arson expert
              document and handwriting experts       fingerprint expert

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The Forensic Scientist
 Ø A forensic scientist must:
      Ø      Study the different types of evidence found at the
             crime scene
      Ø      Be methodical
              Ø 1st observe the general characteristics of the evidence, then
                do more specific features
              àMust link evidence to a crime and to the suspects by
                identifying and comparing relevant material
      Ø      Be ready to testify as an expert witness at a trial or
              àPresents data, weighs the importance of the evidence
               presented, and provides an impartial opinion
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            Scientific Method
             (as it pertains to criminalistics)

 Ø Observe a problem or questioned evidence
   and collect objective data.
 Ø Consider a hypothesis or possible solution.
 Ø Examine, test, and then analyze the
 Ø Determine the significance of the evidence.
 Ø Formulate a theory based on evaluation of
   the significance of the evidence

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     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

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       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

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                 The Bill of Rights
                Gives individuals the right:
 §   To be presumed innocent until            §   To cross-examine prosecution
     proven guilty                                witnesses
 §   Not to be searched unreasonably          §   To speak and present witnesses
 §   Not to be arrested without probable      §   Not to be tried again for the same
     cause                                        crime
 §   Against unreasonable seizure of          §   Against cruel and unusual
     personal property                            punishment
 §   Against self-incrimination               §   To due process
 §   To fair questioning by police            §   To a speedy trial
 §   To protection from physical harm         §   Against excessive bail
     throughout the justice process           §   Against excessive fines
 §   To an attorney                           §   To be treated the same as others,
 §   To trial by jury                             regardless of race, gender, religious
 §   To know any charges against                  preference, country of origin, and
     oneself                                      other personal attributes

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Statutory Law
  àLegislative acts declaring,
   commanding, or prohibiting something
       Ø Based   on the Constitution

  àCreated by a governmental body or

 Chapter 1
Common Law / Case Law
  àThe body of law made of judicial opinions and
       Ø     Laws made by judges

  Ø Set in appellate courts

  Ø Recognizes previous decisions as precedent
       àMakes for predictability and consistency

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Civil Law
  àDeals with non-criminal suits brought to
   protect or preserve a civil or private right or
       Ø     Determines relationships between individuals
             involving matters like property or contracts

  Ø “Private Law”

  àAssigns blame rather than establishing intent

 Chapter 1
Criminal Law
  àRegulation and enforcement of rights
   setting the acceptable limits of conduct
   in society
       Ø Deals      with the regulation and enforcement
             of rights

  Ø“Public Law”

 Chapter 1
Types of Criminal Law
  Ø Misdemeanor
       Ø     Minor crime
              Ø Theft, minor assault and battery, or possession
       àUsually punished with a fine or confinement other
        than a prison

  Ø Felony
       Ø     Major crime
              Ø Murder, rape, arson, forgery
       àPunishable by more than one year of
        imprisonment up to execution

 Chapter 1
Probable Cause
  Ø Prosecution must prove guilt “beyond a
    reasonable doubt” to convict a suspect

  Ø Probable cause à 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

 Chapter 1
Equity Law and Administrative
  ØEquity Law
       Ø Remedial       or preventative (like an injunction
             or a restraining order)

  ØAdministrative Law
       àLaws established by agencies like the IRS,
        Social Security Administration, or the
        branches of the military
 Chapter 1
              Chapter 1
            The Pursuit of Justice

Chapter 1
Justice Confusion
  ØThe 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

 Chapter 1
            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.

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            Miranda Rights
 The following is a minimal Miranda
 § 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.

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The Steps
ØAfter a suspect has been
   Ø Booked    à basic information is
   Ø Arraigned à suspect hears
     charges brought against them
     and bail if appropriate
        ØSuspect also offers a plea of guilty,
         not guilty, not guilty by reason of
         insanity, double jeopardy, or no

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The Steps – The Guilty Plea
  Ø A person who pleads guilty goes to a preliminary
       Ø     No jury – just judge, defense, and prosecution
       Ø     Can be found guilty at this hearing
       Ø     If found not guilty, the case goes to trial

  Ø Grand jury à used instead of a preliminary hearing
    in some states
       Ø     16-23 people decide whether the prosecution has a case or
       Ø     Majority rules
       Ø     If indicted (accused), a trial date is set

 Chapter 1
The Steps – Not Guilty By
Reason of Insanity
  ØMust 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”

 Chapter 1
Types of Crimes

  § Infraction
  § Misdemeanor
  § Felony

 Chapter 1   Kendall/Hunt Publishing Company   34
    Federal Rules of Evidence
 In order for evidence
   to be admissible, it
   must be:

 § Probative àactually
   prove something
 § Material àaddress an
   issue that is relevant to
   the particular crime

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      Admissibility of Evidence
1923 Frye v. United States                1993 Daubert v. Dow
ý Scientific evidence is allowed          Admissibility is determined by:
  into the courtroom if it is             ý Whether the theory or
  generally accepted by the                 technique can be tested
  relevant scientific community.          ý Whether the science has been
  The Frye standard does not                offered for peer review
  offer any guidance on reliability.      ý Whether the rate of error is
  The evidence is presented in              acceptable
  the trial and the jury decides if it    ý Whether the method at issue
  can be used.                              enjoys widespread acceptance.
                                          ý Whether the opinion is relevant
                                            to the issue
                                          The judge decides if the evidence
                                            can be entered into the trial.

 Chapter 1                Kendall/Hunt Publishing Company              36
                    Facets of Guilt
 Try to prove:

      §     Means à person had the ability to do the crime
      §     Motive à person had a reason to do the crime
            (not necessary to prove in a court of law)
      §     Opportunity à person can be placed at the

Chapter 1                 Kendall/Hunt Publishing Company   37

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