Chapter 1 Introduction to Forensic Science and 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

Chapter 1 Kendall/Hunt Publishing Company1 Introduction  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. Students will learn:

Chapter 1 Kendall/Hunt Publishing Company2 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.

Chapter 1 Kendall/Hunt Publishing Company3 Criminalistics vs Criminology Criminalistics  the scientific examination of physical evidence for legal purposes. Criminology  includes the psychological angle, studying the crime scene for motive, traits, and behavior that will help to interpret the evidence

Chapter 1 Kendall/Hunt Publishing Company4 Crime Lab—Basic Services  Physical Science Unit  Chemistry  Physics  Geology  Biology Unit  Firearms Unit  Document Examination Unit  Photography Unit

Chapter 1 Kendall/Hunt Publishing Company5 Crime Lab—Optional Services  Toxicology Unit  Latent Fingerprint Unit  Polygraph Unit  Voiceprint Analysis Unit  Evidence Collection Unit

Chapter 1 Kendall/Hunt Publishing Company6 Other Forensic Science Services  Forensic Pathology  Forensic Anthropology  Forensic Entomology  Forensic Psychiatry  Forensic Odontology  Forensic Engineering  Cybertechnology

Chapter 1 Kendall/Hunt Publishing Company7 Major Crime Laboratories  FBI  DEA  ATF  Postal Service  Fish and Wildlife Service  RCMP

Chapter 1 Kendall/Hunt Publishing Company8 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 1923 in Los Angeles  The Scientific Crime Detection Lab was founded in Evanston, Illinois in 1929  The first FBI crime lab opened in 1932

Chapter 1 Kendall/Hunt Publishing Company9 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 Timeline on Youtube

Chapter 1 Kendall/Hunt Publishing Company10 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

Chapter 1 Kendall/Hunt Publishing Company11 People of Historical Significance Edmond Locard ( )  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.

Chapter 1 Kendall/Hunt Publishing Company12 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  Lab Experts pathologistserologist DNA experttoxicologist forensic odontologistforensic anthropologist forensic psychologistforensic entomologist firearm examinerbomb and arson expert document and handwriting expertsfingerprint expert

Chapter 1 Kendall/Hunt Publishing Company13 Scientific Method (as it pertains to criminalistics) 1.Observe a problem or questioned evidence and collect objective data. 2.Consider a hypothesis or possible solution. 3.Examine, test, and then analyze the evidence. 4.Determine the significance of the evidence. 5.Formulate a theory based on evaluation of the significance of the evidence

Chapter 1 Kendall/Hunt Publishing Company14 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

Chapter 1 Kendall/Hunt Publishing Company15 The Canadian Charter of Rights Gives individuals the right:  Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice  Everyone has the right to be secure against unreasonable search or seizure.  Everyone has the right not to be arbitrarily detained or imprisoned.  Everyone has the right on arrest or detention  (a) to be informed promptly of the reasons therefor;  (b) to retain and instruct counsel without delay and to be informed of that right; and  (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.  Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.  A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.  A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

Chapter 1 The Canadian Charter of Rights Gives individuals the right:  Any person charged with an offence has the right  (a) to be informed without unreasonable delay of the specific offence;  (b) to be tried within a reasonable time;  (c) not to be compelled to be a witness in proceedings against that person in respect of the offence;  (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;  (e) not to be denied reasonable bail without just cause;  (f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;  (g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;  (h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and  (i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment. Kendall/Hunt Publishing Company16

Chapter 1 Kendall/Hunt Publishing Company17 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 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.

Chapter 1 Kendall/Hunt Publishing Company18 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.

Chapter 1 Kendall/Hunt Publishing Company19 Types of Crimes  Infraction  Misdemeanor  In Canada :Summary Conviction Offenses  Felony  In Canada :Indictable Offenses

Chapter 1  Infraction: parking tickets, speeding ticket, jay walking ticket  Misdemeanor  In Canada :Summary Conviction Offenses are punishable by a fine of no more than $5,000 and/or 6 months in jail  trespassing at night, causing a disturbance, taking a motor vehicle without the owner's consent  Felony  In Canada :Indictable Offenses  Murder, robbery, break and enter of a dwelling-house  In most cases where the offence is an indictable offence, the accused person can elect whether to be tried by a judge or judge and a jury Kendall/Hunt Publishing Company20

Chapter 1 Kendall/Hunt Publishing Company21 Federal Rules of Evidence In order for evidence to be admissible, it must be:  Probative—actually prove something  Material—address an issue that is relevant to the particular crime

Chapter 1 Kendall/Hunt Publishing Company22 Admissibility of Evidence 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 Daubert v. Dow Admissibility is determined by: ýWhether the theory or technique can be tested ýWhether the science has been offered for peer review ýWhether the rate of error is acceptable ýWhether the method at issue enjoys widespread acceptance. ýWhether the opinion is relevant to the issue The judge decides if the evidence can be entered into the trial.

Chapter 1 Kendall/Hunt Publishing Company23 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

Chapter 1 Kendall/Hunt Publishing Company24 “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