1. Introduction to Forensic Science & to the Law
Chapter 1

2. 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

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

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

5. 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

6. 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

7. 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

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

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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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?

16. 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

17. 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

18. 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.)

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

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

21. 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

22. 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

23. 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

24. 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.

25. 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