Presentation Transcript

1. Criminalistics the scientific examination of physical evidence for legal purposes. Criminalistics and Forensic science may be used interchangeably Criminology includes the psychological angle, studying the crime scene for motive, traits, and behavior that will help to interpret the evidence Criminalistics vs Criminology Kendall/Hunt Publishing Company
2. What does a forensic scientist do? Study different types of evidence at a crime scene Testify as an expert witness Presents data, weighs evidence, gives an impartial opinion to the court Performs scientific research Trains others in forensics Kendall/Hunt Publishing Company
3. Forensic Science Services Forensic Pathology Forensic Anthropology Forensic Entomology Forensic Psychiatry Forensic Odontology Forensic Engineering Cybertechnology Kendall/Hunt Publishing Company
4. Starting Small: Basic Services Evidence Collection Unit: crime scene investigation unit; preserves and transports evidence from the crime scene to the lab. What might they collect? Photography Unit: photos used as blueprints to reconstruct the scene and for presenting evidence at trial Evidence Storage: secure place for storing and preserving the evidence, restricted access, may be stored for years or decades Kendall/Hunt Publishing Company
5. Crime Lab—Basic Services Most crime labs are maintained by state or regional areas. Not all crime labs have all of the facilities to do all the work. Some evidence may be sent to other labs for research. Developments in technology that has greatly added to forensics: 1. microscopes 2. photography 3. physics of ballistics 4. blood typing and DNA analysis Kendall/Hunt Publishing Company
6. Crime Lab Basic services Physical Science Unit Chemistry, Physics, Geology: drugs, soil, glass, blood splatter patterns, other physical evidence Biology Unit-body fluids, DNA, insects Firearms Unit-weapons, firearms, bullets Document Examination Unit-handwriting, paper, ink Photography Unit-crime scene photos Kendall/Hunt Publishing Company
7. Crime Lab—Optional Services Toxicology Unit Latent Fingerprint Unit Polygraph Unit Voiceprint Analysis Unit Evidence Collection Unit Kendall/Hunt Publishing Company
8. The first Crime Lab! 1910---Edmund Locard; in Lyon, France “every contact leaves a trace” 1924---August Vollmer 1st US Police Crime Lab in Los Angeles 1929---Calvin Goddard founded the Scientific Crime Detection Lab At Northwestern Univ. (resulting from the investigation of the St. Valentine’s Day Massacre; he was able to link the killings to Al “Scarface” Capone’s gang) Kendall/Hunt Publishing Company
9. 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 Whenever two objects come into contact with each other, traces of each are exchanged. Kendall/Hunt Publishing Company
10. Major Crime Laboratories FBI—largest crime lab in the world for the Department of Justice DEA—Drug Enforcement Agency; drug related crimes ATF---Alcohol, Tobacco, and Firearms; runs the crime lab for the Department of Treasury U.S. Postal Service---crimes involving the mail U.S. Fish and Wildlife Service Kendall/Hunt Publishing Company
11. 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 1924 in Los Angeles The Scientific Crime Detection Lab was founded in Evanston, Illinois in 1929 The first FBI crime lab opened in 1932 Kendall/Hunt Publishing Company
12. Major Developments in Forensic Science History 700s AD—Chinese used fingerprints to establish identity of documents and clay sculptures ~1000—Roman courts determined that bloody palm prints were used to frame a man in his brother’s murder 1149—King Richard of England introduced the idea of the coroner to investigate questionable death 1200s—A murder in China is solved when flies were attracted to invisible blood residue on a sword of a man in the community 1598—Fidelus was first to practice forensic medicine in Italy 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 1784—John Toms convicted of murder on basis of torn edge of wad of paper in pistol matching a piece of paper in his pocket Kendall/Hunt Publishing Company
13. Major Developments in Forensic Science History 1859—Gustav Kirchhoff and Robert Bunsen developed the science of spectroscopy. 1864—Crime scene photography developed 1879—Alphonse Bertillon developed a system to identify people using particular body measurements 1896—Edward Henry developed first classification system for fingerprint identification 1900—Karl Landsteiner identified human blood groups 1904—Edmond Locard formulated his famous principle, “Every contact leaves a trace.” 1922—Francis Aston developed the mass spectrometer. 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 case Kendall/Hunt Publishing Company
14. 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 Kendall/Hunt Publishing Company
15. Crime Scene Team cont…. 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 Kendall/Hunt Publishing Company
16. Scientific Method(as it pertains to criminalistics) Observe a problem or questioned evidence and collect objective data. Consider a hypothesis or possible solution. Examine, test, and then analyze the evidence. Determine the significance of the evidence. Formulate a theory based on evaluation of the significance of the evidence Kendall/Hunt Publishing Company
17. 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 Kendall/Hunt Publishing Company
18. Laws that Pertain to the U.S. Criminal Justice System The U.S. Constitution– supreme law of the United States—overrules state law Statutory Law– “law on the books”, written or codified law—passed by Congress Common Law or Case Law– made by judges/ precedents—makes how law is applied consistent Kendall/Hunt Publishing Company
19. Laws that Pertain to the U.S. Criminal Justice System Civil Law– “private law”, noncriminal lawsuits, property or contracts, marriages, wills, property transfers, etc…;punishable by fines Criminal Law– “public law”, regulation and enforcement of rights, state is the plaintiff, ----misdemeanor; felony; fines, probation, incarceration, capital punishment Equity Law– injunction or restraining order Administrative Law– laws established by the IRS, military, SS administration Kendall/Hunt Publishing Company
20. To be presumed innocent until proven guilty Not to be searched unreasonably Not to be arrested without probable cause Against unreasonable seizure of personal property Against self-incrimination To fair questioning by police To protection from physical harm throughout the justice process To an attorney To trial by jury To know any charges against oneself To cross-examine prosecution witnesses To speak and present witnesses Not to be tried again for the same crime Against cruel and unusual punishment To due process To a speedy trial Against excessive bail Against excessive fines To be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes The Bill of RightsGives individuals the right: Kendall/Hunt Publishing Company
21. Why is it called your Miranda Rights? (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. Kendall/Hunt Publishing Company
22. Miranda Rights The following is a minimal Miranda warning: 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. Kendall/Hunt Publishing Company
23. Steps in pursuing justice Crime committed Discovered Police investigate Suspect identified Information collected Crime scene documented and searched All info is assembled in a report to give to attorney Investigation ensues, if enough probable cause, arrest warrant is issued Booked; arraignment (informed of charges, enters plea); plead guilty—preliminary hearing (no jury) and judge passes sentence; not guilty plea—judge sets a trial date if he considers there to be enough evidence; bail; Grand jury (instead of preliminary hearing)—a jury determines if there is enough evidence to go to trial—only prosecuting attorney presents evidence—if indicted, a trial date is set; plea bargain Kendall/Hunt Publishing Company
24. Types of Crimes (violations) Infraction- minor offense or petty crime, traffic violations, littering; fines Misdemeanor—minor crime, theft, assault, vandalism, shoplifting, trespassing, fines, community service, 1 year in jail Felony—major crime, arson, aggravated assault, burglary, homicide, rape, 5 years to life in prison, fines, probation, capital punishment Kendall/Hunt Publishing Company
25. Law terms you may want to know Booked Arraignment Nolo contendere Preliminary hearing (no jury) Bail Grand jury Indicted Plea bargaining Hearsay Admissible Kendall/Hunt Publishing Company
26. Federal Rules of Evidence In order for evidence to be admissible, it must be: Probative—relevant; tending to prove something Material—address an issue that is relevant to the particular crime Kendall/Hunt Publishing Company
27. 1923 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. Does not offer any guidance on reliability 1993 Daubert v. Dow Admissibility 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 issue The judge decides if the evidence can be entered into the trial. Admissibility of EvidenceExpert testimony Kendall/Hunt Publishing Company
28. Facets of Guilt Try to prove: Means—person had the ability to do the crime Motive—person had a reason to do the crime(not necessary to prove in a court of law) Opportunity—person can be placed at the crime Kendall/Hunt Publishing Company
29. Who do you want on your forensics team? What is a Medical Examiner (ME) or coroner? Duties include: determining the cause and manner of death establishing the identity of any unnamed corpses Determining the time window of death Supervising the collection of evidence from the body Searching for any contributory factors such as disease Correlating wounds with the weapons that may have been used to inflict them Certifying or signing the death certificate The ME or coroner will use all available information from witnesses, visiting crime scenes, reviewing collected evidence, results of the crime lab or from autopsies. Kendall/Hunt Publishing Company
30. How does the ME work? The ME gathers as much information as possible from family, police reports, witnesses, etc…. He may have the power to subpoena someone to provide information If no visible trauma is present, the ME will look for natural causes through consultation, reviewing medical records, or performing an autopsy. If no natural cause is evident, the ME explores for less obvious signs such as poisons, drugs, or signs of accidental, suicidal, or homicidal death. The manner of death is an OPINION expressed by the ME, it may not be accepted by courts and can be changed if new evidence becomes available. Kendall/Hunt Publishing Company
31. What is the role of a Forensic Investigator The medical examiner’s rep at the crime scene Deals with the body at the crime scene Examines body, obtains a core body temperature, photographs, collects trace or insect evidence from the body, wraps and transports the body to the ME’s office May also assist the ME in: autopsies, preparing reports, communicating with the public, or law enforcement, explain items to family members, testify in courts Kendall/Hunt Publishing Company
32. What will you find in the criminalist’s toolbox? Entomology kit Serology kit Hazmat kit Sexual assault kit Protective clothing Flashlight Other light sources (infrared, ultraviolet, etc…) Magnifying glass Tweezers and cotton swabs Crime scene tape Camera and film Sketch pad, pens, pencils paper and plastic bags for evidence Glass tubes or jars Fingerprint supplies (ink, cards, lifting tape, powders, Luminol) Casting kit Kendall/Hunt Publishing Company
33. How are people booked and arraigned? Kendall/Hunt Publishing Company
34. Quick Quiz Who do you want on your Forensic Team? What types of evidence may be found at a crime scene? What are Miranda rights? If you were the judge in the video, what would you do? Kendall/Hunt Publishing Company

35. Chapter 1Introduction to Forensic Scienceand the Law

    “In school, every period ends with a bell. Every sentence ends with a period. Every crime ends with a sentence.” —Stephen Wright, comedian
36. Introduction Students will learn: How a crime lab works The growth and development of forensic science through history Federal rules of evidence, including the Frye standard and the Daubert ruling Basic types of law in the criminal justice system Students will be able to: Describe how the scientific method is used to solve forensic problems Describe different jobs done by forensic scientists and the experts they consult. Kendall/Hunt Publishing Company
37. Forensic Science The 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. Kendall/Hunt Publishing Company
38. “If the Law has made you a witness, remain a man (woman) of science. You have no victim to avenge, no guilty or innocent person to ruin or save. You must bear testimony within the limits of science.” —P.C.H. Brouardel Kendall/Hunt Publishing Company