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Chapter 23 – Legal Aspects of Forensic Science

Chapter 23 – Legal Aspects of Forensic Science. FRSC 7104 Criminalistics I Professor Bensley. FRSC 7104 - Chapter 23 Objectives. After studying this chapter, the student should be able to:  Understand how forensic science integrates with the criminal justice system

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Chapter 23 – Legal Aspects of Forensic Science

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  1. Chapter 23 – Legal Aspects of Forensic Science FRSC 7104 Criminalistics I Professor Bensley

  2. FRSC 7104 - Chapter 23 Objectives After studying this chapter, the student should be able to: Understand how forensic science integrates with the criminal justice system  Describe the legal constraints placed on the criminal investigation process  Recognize the rules of evidence

  3. FRSC 7104 – Chapter 23 Outline • Introduction • The Criminal Investigation Process • Legal Restraints • Discovery • Search and Seizure • Self-Incrimination • Rules of Evidence

  4. Federal Rule of Evidence (FRE) 702 If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.

  5. FRSC 7104 – Chapter 23 Outline • Admissibility of Evidence • Frye Case (1923) • Daubert v. Merrill Dow Pharmaceuticals (1993) • Further decisions

  6. Is the Evidence Admissible? • Remember you are providing information allowing trier of fact to reach a decision • Frye v. United States (1923) 54 App. D. C. 46, 293 F. 1013, No. 3968, Court of Appeals of District of Columbia, Submitted November 7, 1923 December 3, 1923, Decided • Regarding the admissibility of polygraph evidence • Is there general acceptance of the procedures used in the field to which the analysis belongs? • What is general acceptance?

  7. Questions Still Abound… • Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) 509 U.S. 579, Argued March 30, 1993 Decided June 28, 1993 • Case regarding possible birth defects caused by a drug • Has the expert’s technique or theory been tested? • Has the technique or theory been subjected to peer review and publication? • Has the known or potential rate of error of the technique or theory been applied? • Is there an existence and maintenance of standards and controls? • What is the degree of certainty to which the technique or theory has been generally accepted in the scientific community?

  8. Frye vs. Daubert States Legend: Purple - Daubert States Red - Frye States Green - Neither/Combination Source: Kaufman, MS, “Status of Daubert in State Courts”, Atlantic Legal Foundation, 07Nov06

  9. FRSC 7104 – Chapter 23 Outline  Chapter Summary • Ultimate result of many scientific analyses is in a court room • Admissibility of evidence is controlled by rules of evidence • Scientists may offer opinions in the course of testimony

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