Criminal Justice and the Law. The Science in Forensic Science. 1 Observe a problem or questioned evidence and collect objective data
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Criminal Justice and the Law
Civil law- law that deals with noncriminal suits brought to protect or preserve a civil or private right or matter
Criminal law- regulation and enforcement of rights, setting acceptable limits of conduct in society
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.
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
<<<<If probable cause…
Conviction or acquittal
If convicted sentencing
If acquitted then released
To prove a case, the “MMO” must be established; it must be shown that the suspect had:
Motive—person had a reason to do the crime (not necessary to prove in a court of law)
Means—person had the ability to do the crime
Opportunity—person can be placed at the crime scene
From the 1923 case Frye v. United States
Scientific evidence is allowed into the courtroom if it is generally accepted by the relevant scientific community (particular field of study.)
---The Fryestandard does not offer any guidance on reliability.
---The evidence is presented in the trial and the jury decides whether it has significance to the case or not.
The DaubertRuling- revision of Frye Standard
From the 1993 case Daubert v. Dow
1) Whether the theory or technique can be tested
2) Whether the science has been offered for peer review
3) Whether the rate of error is acceptable
4) Whether the method at issue enjoys widespread acceptance
5) Whether the theory or technique follows standards
The court or judge may accept or reject the