also called Forensics or Criminalistics The study and application of science to matters of the law.

anatomy math biology chemistry Earth science physics technology physical science

3 Major Avenues Available to Police Investigators in Solving a Crime Confessions Some suspects may be coerced into confessions for fear of longer sentences even though they are innocent Eyewitness Accounts by Victims or Witnesses Eyewitness accounts vary considerably from person to person Eyewitness accounts are unreliable and have led to the imprisonment of many wrongfully convicted suspects INNOCENCE PROJECT – Project with aim to free wrongfully convicted 87% of all wrongful convictions were a result of flawed eyewitness testimony Evaluation of Physical Evidence Retrieved From the Crime Scene Only physical evidence is free of inherent error or bias Relies on science

Forensic Scientist Job Description Process and document crime scenes Collect and preserve evidence Analyze and compare evidence in a laboratory Reconstruction of data Provide Expert Testimony Skills Needed Good observational skills-Use of the 5 Senses -Ability to avoid tunnel vision - Collect all evidence w/o jumping to conclusions Analytical skills- ability to investigate and evaluate evidence Deductive reasoning – using logic while studying all known facts or evidence to come to a conclusion

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

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 person(s) or personal characteristics (sex, age, race, stature) based on body skeletal 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 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. Ballistics/Firearms Unit – Investigates discharged bullets, cartridge cases, shotgun shells, and ammunition. Also includes comparison of tool marks, tire treads, and shoe prints.

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.

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.

State and Local Crime Laboratories State Labs, Most States Have State Lab Some have statewide system with regional satellite labs CA is Burea of Forensic Services County and Municipal Crime Labs Some Counties have Some Cities, NY city is largest. Many smaller cities do not have due to cost

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 FBI has larges crime lab in world Headquarters in Quantico, Virgina http://www.fbi.gov/about-us/quick-facts Video: The FBI

FBI has the largest crime lab in the world. FBI Headquarters is in Washington, D.C., but there are 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.

Four Major Crime Labs: http://www.justice.gov/dea/index.shtml https://postalinspectors.uspis.gov/aboutus/History.aspx https://www.atf.gov/ Did you know these organizations have Twitter pages? Follow them to stay up to date on important U.S. issues!

FBI: FBI (Federal Bureau of Investigation)- established in 1908 during the presidency of Theodore Roosevelt 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. FBI has largest crime lab in the world! FBI Headquarters is in Washington, D.C., but there are 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. Bureau of Forensic Science, known as BFS, is the state’s official crime lab.

B. 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."

C. ATF (Bureau of Alcohol, Tobacco, and Firearms)- The ATF itself was established in 1972, but it traces its roots 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.

D. 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.

A Bit More on Crime Labs… Nearly Four hundred public crime labs in US More than 3 times that of 1966 Growth due to… Supreme court cases in 1960’s placed more emphasis on police securing scientifically evaluated evidence Increased Crime Rates Increased Drug Abuse- All evidence from illicit seizures must be sent to crime Lab for chemical analysis

Not enough labs to keep up with needs DNA Profiling (Fingerprinting)- Major Reason for increased Demand Technology did not exist prior to early 1990’s Traces of Blood, Saliva, Hair, Epithelial Tissue (Skin), and Semen backlog crime labs Over 1 million unanalyzed case samples Untested convicted offender samples over 500,000 Tested samples go to CODIS (National DNA Databank) Combined DNA Index System Some states have own Database CA over 1 million in state database 2nd Largest in world Starting in 2008 all people arrested and suspected of felony charges were profiled

Types of Crimes Violation- any time a breach of a law has a taken place Can be minor or major crimes Crimes are classified as infractions, misdemeanors, or felonies Infractions- violation of a rule or law that is not punishable by prison Misdemeanors- a minor crime, less than a felony. punishable by no more than one year in jail Fines usually range from $250 to $2500 Felony- more serious crimes that carry stiffer penalties Punishable by more than 1 year to life in prison or even death penalty

Different types of criminal cases receive different levels of forensic treatment There are also differences in the importance of physical evidence analysis with different types of cases 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: Statutory Law Common Law or Case Law Civil Law Criminal Law Misdemeanor vs. Felony In criminal cases, the prosecution must prove guilt “beyond a reasonable doubt” to convict the suspect. Equity Law Administrative Law

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

https://www.youtube.com/watch?v=evo5sgWIBTA https://www.youtube.com/watch?v=82DnWqNKqiI https://www.youtube.com/watch?v=rjvo6yrrA5A https://www.youtube.com/watch?v=efKy4J81PTg

(consists of the first ten amendments to the Constitution) 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 After arrest, suspect is booked, fingerprinted, photographed, and informed of Miranda Rights https://www.youtube.com/watch?v=K_UEREAqyz0

Not guilty by reason of insanity Double jeopardy No contest 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 Preliminary or evidentiary hearing, Grand Jury, or Plea bargaining http://www.nolo.com/legal-encyclopedia/the-basics-plea-bargain.html ** More than 90% of convictions come from negotiated pleas, which means less than 10% of criminal cases end up in trials.

http://www.ncdistrictattorney.org/11A/courtprocess.html