Introduction to Forensic Science & to the Law Chapter 1

Laws that Pertain to the US Criminal Justice System The US Constitution Statutory Law Common Law or Case Law Civil Law Criminal Law Equity Law Administrative Law

US Constitution Supreme body of laws that governs our country Overrules the constitutions of individual states

Statutory Laws Are written laws as enacted by a government body such as Congress Are based on the Constitution

Common Law Also known as case law Are made by judges The body of Law made up of judicial opinions and precedents Makes for predictability and consistency in how the law is applied

Civil Law Also known as private law Deals with relationships between individuals involving properties or contracts Regulates noncriminal relationships between individuals, businesses, agency of government, and other organizations Includes contracts, marriages, divorces, wills, property transfers, negligence, and products manufactured with hidden hazards More concerned with assigning blame than intent

Criminal Law Also known as public law Deals with regulation and enforcement of rights Concerned with offenses against an individual that are deemed offensive to society Cases tried are always the person vs the state Those laws that are broken fall into 1 of 2 main categories Misdemeanor- is a minor crime such as theft, minor assault and battery, or possession of small amounts of illegal drugs Felony- is a major crime such as murder, rape, armed robbery, serious assaults, dealing in illegal drugs, fraud, auto theft, or forgery

Equity Law Remedial or preventive law Are for cases not covered by common law Restraining orders Injunctions

Administrative Law Laws established by governmental agencies such as the IRS, Social Security Administration, or the military

The Bill of Rights The right to be presumed innocent until proven guilty The right not to be searched unreasonably, either on one’s person or in one’s home The right not to be arrested without probable cause The right against unreasonable seizure of personal property The right against self-incrimination The right to fair questioning by police

The Bill of Rights The right to protection from physical harm throughout the justice process The right to an attorney The right to trial by jury The right to know any charges against oneself The right to cross examine prosecution witnesses The right to speak and present witnesses

The Bill of Rights The right not to be tried again for the same crime The right against cruel and unusual punishment The right to due process The right to a speedy trial The right against excessive bail The right against excessive fines The right to be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes

Steps in Pursuing Justice If a crime is committed these are the steps to take while pursuing justice Police investigate what happened Information is collected Crime scene is documented and searched for evidence All info is assembled into a report and sent to DA Investigation continues until probable cause is established An arrest warrant is issued for the suspect (if enough evidence to establish a probable cause) The suspect is arrested Individual is booked, fingerprinted, photographed and informed about his/her rights

The Miranda Rights Miranda v. Arizona (1966) Before a law enforcement officer may question a suspect regarding the possible commission of a crime, he or she must inform the detainee about his or her Miranda rights, making sure the detainee understands them

The Miranda Rights Warning of Rights You have the right to remain silent and refuse to answer questions Anything you do or say may be used against you in the court of law You have the right to consult an attorney before speaking to the police and to have your attorney present during questioning now or in the future If you cannot afford an attorney, one will be appointed for you before any questioning if you wish If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Steps in Pursuing Justice Person is brought before a magistrate judge who informs the individual of the charges, his/her rights, and bail The person may also enter a plea of guilty, not guilty, not guilty by reason of insanity, double jeopardy (been tried for same crime in same court), or nolo contendere (no contest) If a plea of guilty is entered, the person is brought before a preliminary or evidentary hearing (no jury present) Most states use a grand jury Will determine if there is enough evidence to bring the accused to a formal trial The prosecutor presents evidence and the grand jury (16-23 citizens) decide the fate of the accused If the grand jury decides there is enough evidence, a trial date will be set

Steps in Pursuing Justice If a plea of not guilty by reason of insanity is entered, the defendant will have to prove, by “clear and convincing evidence,” that “at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or wrongfulness of his acts” Crimes must show intent- the insanity plea removes intent

Steps in Pursuing Justice Sometimes, the DA will plea bargain with the accused The defendant works out a deal with the DA May reduce jail time 90% of cases are plea bargained (which greatly reduces the court’s case load.)

Types of Crimes All crimes are violations (breach of a right, duty, or law) 3 types Infractions Misdemeanors Felonies

Infractions Minor offense or petty crime Is less serious than a misdemeanor Examples include Jaywalking Traffic violations Littering Penalty is usually a fine

Misdemeanors Fines range from less than $250 to $2500 Cases are tried in court Punishable by no more than 1 year in jail Examples include A first offense of drunk driving, vandalism, shoplifting, simple assaults, trespassing Fines range from less than $250 to $2500 Community service is also part of the sentence sometimes

Felonies Cases are tried in court Punishable from 5 years to life Some states offer death penalty Examples include Arson, aggravated assault, burglary, robbery, homicide, and rape Fines may be up to $100,000 Probation may also be determined

Federal Rules of Evidence Probative In evidence law, tending to prove something Material In evidence law, relevant and significant. Hearsay Testimony given by a witness who relates not what he or she heard, saw, or knew personally, but what others have said Is not admissable in the court of law

Admissibility of Evidence 1993 Daubert v. Dow 2 minor children and parents sued Dow, claiming their children’s birth defects were caused by the mother taking prescription medication. 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 to keep “junk science” out of courtroom 1923 Frye v. US 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.

Facets of Guilt Try to prove Means- person had the ability to do the crime Motive- person had a reason to do the crime Does not have to be proved in a court of law Opportunity- person can be placed at the crime