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The study and application of

science to matters of the law.


anatomy
math

biology chemistry

earth science

physics
technology physical science
Forensic Scientist
Job Description
• Process and document crime scenes
• Collect and preserve evidence
• Analyze and compare evidence in a
laboratory
• Reconstruction of data (form the
“best theory” of events in the
case)
• Provide Expert Testimony

What is an Expert Witness? Video Clip


Hip Hop (Expert Witness Example) Video Clip
In United States
federal law, the
Daubert Standard
is a rule of evidence
regarding the
admissibility of
expert witness
testimony.

• This is the standard used by a trial judge to assess whether an expert witness’s scientific
testimony is based on scientifically valid reasoning that which can properly be applied to the
facts at issue.
• This standard comes from the Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals
Inc., 509 U.S. 579 (1993). Watch the Video Clip
• Under the Daubert standard, the factors that may be considered in determining whether the
methodology is valid are: (1) whether the theory or technique in question can be and has been
tested; (2) whether it has been subjected to peer review and publication; (3) its known or
potential error rate; (4)the existence and maintenance of standards controlling its operation;
and (5) whether it has attracted widespread acceptance within a relevant scientific community.
• The Daubert standard is the test currently used in the federal courts and some state courts.
In the federal court system, it replaced the Frye standard, which is still used in some states.
Forensic Scientist
Skills Needed
• Good observation skills – use the 5 senses
• Analytical skills – ability to identify the problem, organize
info, draw conclusions
• Deductive reasoning – using logical
steps to draw a conclusion based
on facts or evidence
Branches of Forensic Science:

• Medical doctors, medical examiners, and


pathologists
• Study medical history, perform an
autopsy, and collect medical and trace
evidence from the body for further
analysis
• Help determine cause and circumstances
of death (for murder investigations,
insurance claims, malpractice claims, etc.)
Dentists who specialize in
identification perform bite mark
analysis and dental identification
when there is no other way for
body identification
Forensic Toxicology
• Medical examiners
and the Coroner’s
office determine
toxic substances in
the body; includes
drugs and poisons
Forensic Anthropology
• Identification
of persons or
personal
characteristics
(sex, age, race,
stature) based
on body
remains
Forensic
Serology
• Identification of blood
and other body fluids
(semen, vaginal fluid,
saliva)
Forensic Entomology
• Uses insects to determine
time of death and location
of a corpse
Forensic Psychiatry and Psychology
• Evaluate offenders and profile criminal cases
• Investigates transportation accidents, materials
failure cases, determine cause of building and
structure collapses, etc.
Forensic Computer Science
• Investigate criminal use of
technology and electronic records
Services of the
Crime Laboratory:
• Physical Science Unit – Incorporates
the principles of chemistry, physics,
and geology to identify and compare
physical evidence
1.May be further divided into Drug
Identification, Soil & Mineral Analysis,
and Trace Evidence sections.
2.Trace and Transfer Evidence-
identification of small quantities of
materials found at a scene or on a
victim (blood, food, hair, paper, fibers,
cosmetics, soil, gunshot residue, etc.).
• Biology Unit – Applies the
knowledge of biological sciences
in order to investigate blood
samples, body fluids, botanical
samples, hair, and fiber samples.
Also includes DNA profiling.
• Firearms Unit – Investigates
discharged bullets, cartridge
cases, shotgun shells, and
ammunition. Also includes
comparison of tool marks, tire
treads, and shoe prints.
1. Ballistics- A specific type of physical
pattern identification; matching
projectiles and casings to individual
firearms or weapons.
• Document Examination Unit –Provides
handwriting analysis and other reproduction
processes; ink and paper analysis; forgery
and authenticity. Also analyzes indentations,
obliterations, erasures, and burned or charred
documents.
• Photography Unit – Responsible for recording
and examining physical evidence. May use
special techniques (digital imaging, infrared, UV,
X-ray). Also responsible for photographic display
in courtroom presentations.
• Toxicology Unit – Examines
body fluids (blood, urine)
and organs for the presence
of drugs and poisons. Also
responsible for training
Breathalyzer operators and
for maintenance of the
instruments.
• Fingerprint Unit – Processes
and examines crime scene
and evidence for latent
fingerprints.
1. Latent fingerprints are
marks left at a crime
scene not immediately
visible to the naked
eye.
• Polygraph Unit – Conducts
polygraph (lie detector)
tests; administered by people
trained in investigation and
interrogation.

• Voiceprint Analysis Unit –


Attempts to tie a recorded
voice to a particular suspect.
Use an instrument called a
sound spectrograph to
make a visual graphic display
called a voiceprint.

• Evidence-Collection Unit – Dispatches


specially trained personnel to the crime
scene to collect and preserve physical
evidence. Must follow specific procedures
to maintain chain of custody.
Chain of Custody:
1. Chain of Custody refers to the document or paper trail showing the
seizure, custody, control, transfer, analysis, and disposition of physical and
electronic evidence.
2. Chain-of-custody bears on the weight of the evidence, not its admissibility.
a. Just because you don’t have a chain-of-custody process doesn’t mean that the
evidence is inadmissible. Admissibility is determined by the manner in which
the evidence was acquired. It must be legally obtained!
Video Clip
Four Major Crime Labs:

Did you know these organizations have


Twitter pages? Follow them to stay up
to date on important U.S. issues!
Four Major Crime Labs:

• Established in 1908 during the


presidency of Theodore Roosevelt
• An intelligence-driven and a threat-
focused national security
organization with both intelligence
and law enforcement
responsibilities
i. As an intelligence-driven and a threat-focused national
security organization with both intelligence and law
enforcement responsibilities, the mission of the FBI is to
protect and defend the United States against terrorist
and foreign intelligence threats, to uphold and enforce
the criminal laws of the United States, and to provide
leadership and criminal justice services to federal, state,
municipal, and international agencies.
ii. FBI has largest crime lab in the world!
Video: FBI iii. FBI Headquarters is in Washington, D.C., but there are
Documentary 56 field offices located in major cities throughout the
U.S., 381 smaller offices across the nation, and more
than 78 international offices called “legal attachés” in
U.S. embassies worldwide.
FBI has the largest crime lab in the world.

FBI Headquarters is in
Washington, D.C.
DEA (Drug Enforcement
Administration)- analyzes
drugs seized in Federal cases

• The Drug Enforcement Administration was created


by President Richard Nixon through an Executive
Order in July 1973 in order to establish a single
unified command to combat "an all-out global war
on the drug menace."
ATF (Bureau of Alcohol, Tobacco, and Firearms)- The
ATF itself was established in 1972, but it traces its roots
Video Clip to the days of Prohibition.
• ATF is a unique law enforcement agency that protects our
communities from violent criminals, criminal
organizations, the illegal use and trafficking of firearms,
the illegal use and storage of explosives, acts of arson and
bombings, acts of terrorism, violations of tax laws, and the
illegal diversion of alcohol and tobacco products.
Video
Clip

USPIS (US Postal Inspection Service)-


handles criminal investigations relating
to postal service.
• USPIS is one of our country’s oldest
federal law enforcement agencies,
founded by Benjamin Franklin in 1737.
• The mission of the U.S. Postal Inspection
Service is to support and protect the U.S.
Postal Service and its employees,
infrastructure, and customers; enforce
the laws that defend the nation’s mail
system from illegal or dangerous use; and
ensure public trust in the mail.
• Postal Inspectors are federal law
enforcement officers who carry firearms,
make arrests, execute federal search
warrants and serve subpoenas.
Forensics in Ohio:
• Bureau of Criminal Investigation, known
as BCI, is the state’s official crime lab.
• Their headquarters are in Video Clips 1 & 2
London, Ohio.
• Other offices in:
• Athens
• Bowling Green
• Cambridge
• Richfield
• Youngstown

They help
local law
enforcement
solve cases.
History of Forensic Science:
13th Century China:
The first case ever recorded using forensic
science. When someone was stabbed, all of
the knives in the village were collected. Flies
were attracted to the traces of blood and
landed on only one of the knives, causing the
suspect to confess.

Mathieu Orfila (1814):


Considered the “Father of Forensic
Toxicology”; chemist who
published first scientific paper on
the detection of poisons and their
effects on animals.
William Herschel (1856):
Used thumbprints on documents
to identify workers in India.
Alphonse Bertillon (1879):
“Father of Criminal Identification”.
Developed Anthropometry which
uses body measurements to
distinguish individuals.
Henry Faulds (1880):
• Uses fingerprints to eliminate an
innocent burglary suspect.

Sir Arthur Conan Doyle (1887):


• Published his first Sherlock Holmes story;
Considered the first “CSI”, featured in four novels
and 56 short stories, popularized scientific crime-
detection methods.
Francis Galton (1892):
• Published Finger Prints.
Conducted the first definitive
study of fingerprints and their
classification. Gave proof of
their uniqueness.

Hans Gross (1893):


• Wrote the first paper describing the
application of scientific principles to the field
of criminal investigation. Published Criminal
Investigation.

Karl Landsteiner (1901):


• Discovered the ABO blood
groups, later received Nobel
Prize.
Edmond Locard (1910):
• Incorporated Gross’ principles within a workable crime
lab; became the founder and director of the Institute of
Criminalistics at the University of
Lyons, France.
Albert S. Osborn (1910):
• Published Questioned Documents. Developed the
fundamental principles of document examination.

Leone Lattes (1915):


• Developed a method for
determining blood type
from dried blood.
August Vollmer (1923):
• Established the First Crime
Lab in United States,
located in Los Angeles.

Calvin Goddard (1925):


• Developed a comparison
microscope; first used to
compare bullets to see if
fired from the same
weapon.
• Different types of criminal cases receive
different levels of forensic treatment.
Forensics are used more in crimes against persons rather than property.

• There are also differences in the importance of physical


evidence analysis with different types of cases.
Ex. drug possession; drugs must be identified

• Certain types of physical evidence


are associated with particular crimes
Ex. Burglary- tool mark evidence
Different kinds of law in the U.S. Criminal Justice System:

i. Statutory Law: “Law on the books”; these are


legislative acts declaring, commanding, or
prohibiting something. They have been enacted
by a governmental body or agency (such as
Congress) and are based on the Constitution.
ii.Common Law or Case Law: Laws made up of
judicial opinions and precedents set in appellate
courts.
iii.Civil Law: Often referred to as private law; deals
with relationships between individuals involving
matters such as property, contracts,
marriage/divorce, wills, negligence, and other
civil concerns. Violations of civil law are usually
punishable by fines or transfer of property.
iv. Criminal Law: Often referred to as public law; deals with
regulation and enforcement of rights. Offenses against
an individual are usually offensive to society; the state
becomes the plaintiff in court. (ex. Miranda vs. Arizona)
1. Misdemeanor- minor crime such as theft, minor
assault and battery, or possession of small
amount of illegal drugs.
2. Felony- major crime such as murder, rape, armed
robbery, serious assaults, dealing of illegal drugs,
fraud, auto theft, or forgery.
3. In criminal cases, the prosecution must prove
guilt “beyond a reasonable doubt” to convict the
suspect.
4. Violations of criminal law are punishable by fines,
community service, probation, incarceration, life
in prison, or capital punishment (death).
Maximum
Level of
Misdemeanor
Incarceration
Sentences
Maximum
Fines Examples of Misdemeanor Crimes
Up to 180 Up to  Making or causing false reports of child abuse or
days in jail $1,000 in neglect
First- fines  Unauthorized use of a vehicle
degree  Petty theft
 Carrying a gun without a permit

Up to 90 days Up to  Abuse of a corpse


Second- in jail $750 in  Obstructing official business
degree fines  Unlawful transaction in weapons
Up to 60 days Up to  Writing, defacing, drawing, or otherwise marking a
in jail $500 in facility or vehicle of the public transportation system
fines  Illegal cultivation of marijuana between 100 and 200
Third-
grams
degree
 Possessing a revoked or suspended concealed
handgun license

Up to 30 days Up to  Disturbing a lawful meeting


Fourth in jail $250 in  Failure to disperse
degree fines
No jail Up to  Failure to aid a law enforcement officer
Minor sentence $150 in  Public gaming
fines  Disorderly conduct
Maximum
Level of Felony Incarceration
Sentences
Maximum
Fines Examples of Felony Crimes in Each Level
15 years in $25,000  Murder
prison to life
Unclassified in prison w/o  Aggravated murder
felonies parole

3 to 11 years $20,000  Rape


First- in prison  Voluntary manslaughter
degree  Kidnapping
2 to 8 years in $15,000  Illegally manufacturing or processing explosives
Second- prison Soliciting prostitution after a positive HIV test

degree Abduction

9 months to 5 $10,000  Reckless homicide
Third- years in prison  Robbery
degree  Theft of anhydrous ammonia
6 to 18 $5,000  Unlawful sexual conduct with a minor
Fourth- months in  Safecracking
degree prison  Grand theft of a motor vehicle
6 to 12 $2,500  Compelling acceptance of objectionable
Fifth- months in materials
degree prison  Breaking and entering
 Illegal gambling
v. Equity Law: Remedial
or preventative;
includes injunctions
and restraining
orders.

vi. Administrative Law:


Laws established by
agencies such as the
IRS, Social Security
Administration, or
branches of the
military.
All collectors and handlers of
evidence must be aware of the rights
guaranteed in the Bill of Rights by
the US Constitution, so that
individual rights are not violated.
Some of these rights include:
• Protection from unreasonable
search and seizure
• The right not to be arrested
without probable cause
• The right to be presumed
innocent until proven guilty
• The right against self-
incrimination
• The right to a fair and speedy
jury trial that will be free from
cruel and unusual punishments
and excessive bail and fines
The Bill of Rights
(consists of the first ten amendments to the Constitution)
 First Amendment: Freedom of Religion, Speech, and Press, the Right to Assemble Peaceably and to Petition the
Government “for a redress of grievances.”
 Second Amendment: Right to Keep and Bear Arms- “A well-regulated militia, being necessary to the security of
a free state, the right of the people to keep and bear arms, shall not be infringed.”
 Third Amendment: Quartering of Troops- “No soldier shall, in time of peace be quartered in any house, without
the consent of the owner, nor in time of war, but in a manner to be prescribed by law.”
 Fourth Amendment: Search and Seizure- “The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but
upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and
the persons or things to be seized.“
 Fifth Amendment: Grand Jury, Double Jeopardy, Self-Incrimination, Due Process
 Sixth Amendment: Criminal Prosecutions – Right to a speedy public trial by an impartial jury, to confront
witnesses and to counsel for defense.
 Seventh Amendment: Common Law Suits –Right to a Trial by Jury
 Eighth Amendment: No Excessive Bail or Fines or Cruel and Unusual Punishment- “Excessive bail shall not be
required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
 Ninth Amendment: Non-Enumerated Rights or “Rule of Construction of the Constitution”- “The enumeration in
the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
 Tenth Amendment: States’ Rights- Rights not explicitly delegated to the Federal Government in the Constitution
are reserved to the States or to the People.
Steps in Pursuing Justice:
• Crime is committed
• Crime is discovered (a suspect may be
identified)
• Police investigate and information is collected
• Crime Scene is documented and searched for
evidence
• All information assembled into a report for a
prosecutor
• Investigation ensues
• If there is enough evidence to establish
probable cause, an arrest warrant is issued
Probable Cause
1. Because probable cause is an abstract concept, a
firm definition of it is evasive. Courts have to
determine case by case whether there is or was
probable cause for an arrest.
2. Three things to consider when determining
probable cause:
a. Means: the ability of the defendant to
commit the crime
b. Motive: the reason the defendant
committed the crime
c. Opportunity: whether the defendant had
the chance to commit the crime
3. In cases of immediate danger, officers do not wait
for a warrant.
Miranda Rights:
• After arrest, suspect is
booked, fingerprinted,
photographed, and
informed of Miranda
Rights.
1. Before a law
enforcement officer
may question a
suspect, they must
inform the detainee
of their rights and
make sure they
understand them.

Video Clip
• Suspect is brought before
magistrate, judge, or
commissioner within 72 hours for
arraignment
• During arraignment the defendant
is brought before court to hear
charges and enter a plea.
• May enter a plea of:
• Guilty
• Not guilty
• Not guilty by reason of
insanity
• Double jeopardy
• No contest
Failure to enter a plea - If the
defendant refuses to enter a plea
Types of Pleas: or does not appear, the court must
enter a plea of not guilty.

a. Guilty- admitting to the Judge that one has committed


acts which violate a law.
b. Not guilty- one believes he or she has not violated the law.
c. Not guilty by reason of insanity- at the time of the crime,
the defendant was ‘unable to appreciate the nature and
quality or the wrongfulness of the acts’.
d. Double jeopardy- if he or she has already been tried for
the same crime in the same court.
e. No contest- neither admits or denies the crime, but
accepts punishment as though he/she were guilty.
A no contest plea differs from a guilty Double
plea because it cannot be used against Jeopardy
Video Clips
the defendant in other proceedings. One, Two
• Preliminary or evidentiary hearing, Grand Jury, or Plea bargaining
1. Preliminary or evidentiary hearing: a hearing before a judge to
determine whether a person charged with a crime should be held
for trial.
2. Grand jury: A grand jury is a group of people that are selected and
sworn in by a court, just like jurors that are chosen to serve on a
Grand Jury
Video Clip trial jury. A prosecutor will work with a grand jury to decide
whether to bring charges, or an indictment, against a potential
defendant.
a. If the suspect is indicted, a trial date is set.
b. Indict means to formally accuse a person of a crime.
3. Plea bargaining: an agreement in which a defendant pleads guilty
to a lesser charge and the prosecutor in return drops more serious
charges to avoid the cost and time of trial.
Plea Agreeme
** More than 90% of convictions come from nt Video Clip
negotiated pleas; this means less than
10% of criminal cases end up in trials.
Offense; The crime is reported
A crime is reported by a citizen, law enforcement, etc.

Investigation
The process of collecting evidence to determine the events of, and the
individuals involved with the crime (continues throughout the process).

Arrest
The accused is charged with a crime and taken into custody.

Preliminary Hearing
First appearance where the defendant is informed of the charges
against them and appointed an attorney if they cannot afford one.

Grand Jury * Indictment *


In felony cases, these hearings determine if a Defendant is formally charged with a crime
crime has been committed and if there is
sufficient evidence to believe the defendant
committed the crime. * = Felonies only Plea
The defendant will enter a plea of guilty,
not guilty, or no contest.
Dismissal Move to Superior Court

Not Guilty Guilty

Trial
Trial before a judge and/or jury of 12 citizens who will hear and evaluate the evidence

Acquittal Not enough Conviction Hung Jury Unable to agree on a


Found Guilty verdict  Retrial
evidence to prove guilt

Serve Sentence Sentencing Judge will decide an appropriate


or Appeal punishment based on the current laws
Steps in Pursuing Justice:
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