1. Intro to Forensic Science

2. What is Forensic Science? The study and application of science to matters of law “Forensis” meaning forum Public place where, in Roman times, senators and others debated and held judicial proceedings

3. 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 too interpret the evidence

4. The Crime Lab Physical Science Unit Chemistry Physics Geology Biology Unit Firearms Unit Document Examination Unit Photography Toxicology and Drug Analysis Unit Fingerprint Unit

5. Physical Science Unit Examines things like: Soil Glass Paint Blood spatter patterns Fibers Uses the sciences of: Chemistry Physics Geology

6. Biology Unit Examines things like: Body fluids DNA Blood factors Hair Plant matter Uses the sciences of: Biology Biochemistry Microbiology

7. Firearms Unit Examines things like: Bullets and shell casings Weapons Tool marks

8. Document Analysis Unit Examines things like: Handwriting Typewriting Word processing and computer applications Paper Ink

9. Major Crime Labs May also have units for: Arson analysis Polygraphs Evidence collection Forensic Odontology Forensic Entomology Digital Forensics

10. History of Forensic Science Historical Timeline Activity Get assigned topic Research your topic tonight. The question is what was your person/thing’s major contribution to, or role in, the development of forensic science? Tomorrow – team up and create mini posters to complete the timeline NOTE: Bring markers/colored pencils tomorrow!

11. Criminal Justice and the Law US Constitution – Supreme law of the land; trumps all other laws Statutory – written (”codified”) law enacted by a governmental body empowered to make laws (ie. Congress); based on Constitution Common Law or Case Law – law made by judges applying the statutory and constitutional law to the facts of each case Civil Law – involves relationships between people involving things like property and contracts Criminal Law – deals with the regulation and enforcement of rights Equity Law – deals with remedial or preventive measures like restraining orders and injunctions Administrative Law – rules established by agencies such as the IRS

12. The Bill of Rights – Gives individuals the right... To be presumed innocent unless proven guilty Not to be searched unreasonably Not to be arrested without probable cause Against unreasonable seizure of personal property Against self-incrimination To fair questioning by the police To protection from physical harm throughout the judicial process To an attorney To trial by jury To know any charges against oneself To cross-examine prosecution witnesses To speak and present witnesses Not to be tried again for the same crime Against cruel and unusual punishment To due process To a speedy trial Against excessive bail Against excessesive fines To be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes

13. Jurisdiction Federal State Local Criminal Court Civil Court

14. Judicial Process Crime is committed Evidence is collected and a suspect may be identified Investigation is conducted and given to District Attorney If there is enough evidence for probable cause, an arrest warrant is issued Probable cause – a reasonable person would look at the evidence and conclude that a crime ahs been committed and that the defendant did it Suspect arrested, fingerprinted, photographed and read Miranda rights

15. 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 1966. 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.

16. Process Continued For felonies, a grand jury issues an indictment Indictment – formal charges Defendant is arraigned Arraignment – the first act in a criminal proceeding when a defendant is brought before a judge to hear charges and enter a plea Discovery takes place Discovery – the results of the State’s investigation are given to the defendant in order to prepare for trial Trial Sentencing (if appropriate) Appeals

17. Standard 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 questioning. If you cannot afford an attorney, one will be appointed for you at the government’s expense.

18. Guilt District Attorney tries to prove that the defendant had the Means – the ability to commit the crime Motive – a reason to commit the crime (not required to convict) Opportunity – the person can be placed at the scene of the crime

19. Types of Crimes Infraction Minor matter like a noise violation Misdemeanor In NC, a crime for which the max penalty is 1 year in jail 3 classes of misdemeanors: Class 3 – Possession of <1/2 oz marijuana Class 2 – trespassing Class 1 – DWI Class A1 – Assault on a Female Felonies

20. Levels from Class A (ie. premeditated murder) to Class I – Possession of >1/2 oz marijuana Sentences from 6 months to the death penalty Forensics involved

21. Federal Rules of Evidence In order for evidence to be admissible in court, it must be: Probative – actually prove a material fact in the case Material – address an issue that is relevant to the particular crime

22. Admissibility of Evidence Frye v. United States (1923) Admissibility is determined by Generally accepted by the relevant scientific community No guidance on reliability Jury decides if it can be used Daubert v. Dow (1993) Admissibility is determined by If theory is unique or can be tested If science has been offered for peer review If rate of error is acceptable If the method at issue enjoys widespread acceptance If the opinion is relevant to the issue Judge decides if the evidence can be used

23. Types of Evidence “You can learn a lot by just watching.” -Yogi Berra, former NY Yankees catcher and sage

24. Types of Evidence Two general type: Testimonial – a statement made under oath Direct or prima facie evidence Physical – any object or material that is relevant in a rime Indirect evidence Examples: hair, fiber, fingerprints, documents, blood, soil, drug, took marks, impressions, glass, etc…

25. Testimonial evidence Testimonial Evidence PPT