2. Chapter 1 Introduction to Forensic Science and the Law

3. Chapter 1 Kendall/Hunt Publishing Company1 You know my method. It is founded upon the observation of trifles…Sherlock Holmes, The Boscombe Valley Mystery “You know my method. It is founded upon the observation of trifles”…Sherlock Holmes, The Boscombe Valley Mystery

4. Chapter 1  Today's Sherlock Holmes Today's Sherlock Holmes Kendall/Hunt Publishing Company2

5. Chapter 1 Kendall/Hunt Publishing Company3 Introduction  How a crime lab works  The history of forensic science  Federal rules of evidence, including the Frye standard and the Daubert ruling  The role of the forensic scientist in the criminal justice system  How the scientific method is used to solve forensic problems  The different jobs done by forensic scientists and the experts they consult. Students will learn:

6. Chapter 1 Kendall/Hunt Publishing Company4 LOCARD EXCHANGE PRINCIPLE Whenever two objects come into contact with each other, traces of each are exchanged.

7. Chapter 1 Kendall/Hunt Publishing Company5 LOCARD EXCHANGE PRINCIPLE EVERY CONTACT LEAVES A TRACE!

8. Chapter 1 Kendall/Hunt Publishing Company6 People of Historical Significance Edmond Locard (1877-1966)  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.

9. Chapter 1 Kendall/Hunt Publishing Company7 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.

10. Chapter 1 Kendall/Hunt Publishing Company8 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

11. Chapter 1 Kendall/Hunt Publishing Company9 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 first FBI crime lab opened in 1932

12. Chapter 1 Kendall/Hunt Publishing Company10 Major Developments in Forensic Science History Refer to your textbook for this! You will not need to know all of these.  200 BC--- Archimedes tested the purity of the king’s crown using density  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

13. Chapter 1 Kendall/Hunt Publishing Company11 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.  1953—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

14. Chapter 1 DISCOVERY 1732 Galvani discovers that the nervous system transmits signals electrically FORENSIC SCIENCE APPLICATION 1921 Lie detector built 1923 Lie Detector is inadmissible in court 12 189 YEARS  Use your book to find 3 more pairs of discoveries and applications with dates  List them as show below on notebook paper and hand in

15. Chapter 1 Is there a trend?  The pace of scientific development and application increased rapidly.  Why?  How does this affect forensic science? Kendall/Hunt Publishing Company13

16. Chapter 1 What is JUNK SCIENCE and how do we keep junk science out of the courtroom?  We test new methods using the tenets of the scientific method Kendall/Hunt Publishing Company14

17. Chapter 1 Kendall/Hunt Publishing Company15 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  Statistical Interpretation of Data

18. Chapter 1 Kendall/Hunt Publishing Company16 Scientific Method (as it pertains to forensic science) 1.O bserve a problem or questioned evidence and collect objective data. 2.H ypothesize a possible solution. 3.E xperiment: examine, test, and then analyze the evidence. 4.C onclude: determine the significance of the evidence (theorize to explain observations based on impartial evaluation of the evidence)

19. Chapter 1 Kendall/Hunt Publishing Company17 Hypothesis: (for a specific problem) Tape used by Arnold to bind Zelda  Experiments to test hypothesis:  Hairs  Fibers  Blood  Skin  Prints  Cross-transfer possible  Physical match  Tape analysis

20. Chapter 1 Kendall/Hunt Publishing Company18 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

21. Chapter 1 Kendall/Hunt Publishing Company19 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.

22. Chapter 1 Kendall/Hunt Publishing Company20 Admissibility of Evidence 1993 Daubert v. Dow (Federal, but States follow) 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.

23. Chapter 1 Daubert is important to scientists and court personnel  Daubert on the Web Daubert on the Web  It is what makes the application of science to law possible and reliable, timely and accurate.  It brings science and law together successfully to achieve justice. Kendall/Hunt Publishing Company21

24. Chapter 1 Kendall/Hunt Publishing Company22 Admissibility of Evidence 1993 Daubert v. Dow (Federal, but States follow) The Daubert ruling responded to the needs of a rapidly changing technological society… prevents unacceptable delays in acceptance of new technology (for example, DNA testing) Helps keep “junk science” out of the courtroom.

25. Chapter 1 Kendall/Hunt Publishing Company23 The Judge is the Gate-Keeper who allows or blocks the presentation of evidence.

26. Chapter 1 FBI Bullet Testing  Untested "science" = JUNK Science Untested "science" = JUNK Science  Other testing being scrutinized  Hair  Arson  Fingerprints! Kendall/Hunt Publishing Company24

27. Chapter 1 Kendall/Hunt Publishing Company25 Frye and Daubert and Fingerprints  Even though fingerprints have long been generally accepted (Frye)…  the points of the Daubert ruling had to be proven

28. Chapter 1 CSI: Myth vs Reality  Use article to compare and contrast reality with movie and television depictions  Drama  Responsibilities  Demands  Limitations of time, personnel, equipment  Possibilities…what can evidence prove, what are the limits?  Work environment  etcetera 26

29. Chapter 1 CSI vs. Reality  As a group, read your section of the article  Present bullet points to the class  For some sections summarize with bullets  For most sections…this will work Kendall/Hunt Publishing Company27 MMYTHREALITY

30. Chapter 1 Kendall/Hunt Publishing Company28 Crime Lab Services  Drugs  Physical Science Unit  Trace Evidence  Biology Unit  Hairs  Serology  DNA  Firearms Unit  Document Examination Unit  Photography Unit  Toxicology Unit  Latent Fingerprint Unit  Polygraph Unit  Voiceprint Analysis Unit  Evidence Collection Unit

31. Chapter 1 Kendall/Hunt Publishing Company29 Other Forensic Science Services  Forensic Pathology (causes of death)  Forensic Entomology (insects)  Forensic Odontology (teeth)  Forensic Engineering (product failure)  Cybertechnology (computer crime)  Forensic Anthropology (bones)

32. Chapter 1 Kendall/Hunt Publishing Company30 Major Crime Laboratories  FBI (Federal Bureau of Investigation) through the DOJ (Dept. of Justice)  DEA (Drug Enforcement Agency) through DOJ  State, county, or city labs  ATF (Alcohol, Tobacco, and Firearms) through Dept. of the Treasury  U.S. Postal Service  U.S. Fish and Wildlife Service

33. Chapter 1 Kendall/Hunt Publishing Company31 Crime Laboratory 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 clandestine lab expertsaccident/crime reconstruction

34. Chapter 1  PA State Police Crime Labs PA State Police Crime Labs Kendall/Hunt Publishing Company32

35. Chapter 1 Present  Place your work under the camera  Introduce yourselves with your full name  Take turns presenting the information Kendall/Hunt Publishing Company33

36. Chapter 1 Kendall/Hunt Publishing Company34 The Role of the Forensic Scientist  Use scientific analyses to help determine  If a crime was committed  How it was committed  Who was involved  Present conclusions in a written report and provide opinion and interpretation as an expert witness in court

37. Chapter 1 Kendall/Hunt Publishing Company35 The Role of the Forensic Scientist  Acts as an impartial advocate for the truth  Prepares a written report and provides appropriate opinion and interpretation  Serves as an expert witness in court who presents conclusions within the limits of scientific certainty  The scientist only presents the evidence… the judge or jury determines the significance of the evidence in determining guilt or innocence

38. Chapter 1 Kendall/Hunt Publishing Company36 It all comes down to The Big Question… Can you testify to your results with a reasonable degree of scientific certainty?

39. Chapter 1 Your next assignment….Expert Witness Testimony for Dummies

40. Chapter 1 Expert Witness Book for Dummies: use color, illustrations, and creativity!  Fold two pieces of white paper in half together to create an 8 page booklet.  P 1 Cover  p 2 Introduction  p 3 Who's who in the courtroom  p 4 Courtroom layout  p 5 Appearance and demeanor of an expert witness  p 6 Presentation skills and qualifications  pp 7 and 8 Testimony tips...how to play the mental game of our adversarial court system

41. Chapter 1 Expert Witness Book for Dummies: use color, illustrations, and creativity!  Fold two pieces of white paper in half together to create an 8 page booklet.  P 1 Cover  p 2 Introduction  p 3 Who's who in the courtroom  p 4 Courtroom layout  p 5 Appearance and demeanor of an expert witness  p 6 Presentation skills and qualifications  pp 7 and 8 Testimony tips...how to play the mental game of our adversarial court system

42. Chapter 1 Expert Witness Book for Dummies: use color, illustrations, and creativity!  Fold two pieces of white paper in half together to create an 8 page booklet.  P 1 Cover  p 2 Introduction  p 3 Who's who in the courtroom  p 4 Courtroom layout  p 5 Appearance and demeanor of an expert witness  p 6 Presentation skills and qualifications  pp 7 and 8 Testimony tips...how to play the mental game of our adversarial court system

43. Chapter 1 Expert Witness Book for Dummies: use color, illustrations, and creativity!  Fold two pieces of white paper in half together to create an 8 page booklet.  P 1 Cover  p 2 Introduction  p 3 Who's who in the courtroom  p 4 Courtroom layout  p 5 Appearance and demeanor of an expert witness  p 6 Presentation skills and qualifications  pp 7 and 8 Testimony tips...how to play the mental game of our adversarial court system

44. Chapter 1 Expert Witness Book for Dummies: use color, illustrations, and creativity!  Fold two pieces of white paper in half together to create an 8 page booklet.  P 1 Cover  p 2 Introduction  p 3 Who's who in the courtroom  p 4 Courtroom layout  p 5 Appearance and demeanor of an expert witness  p 6 Presentation skills and qualifications  pp 7 and 8 Testimony tips...how to play the mental game of our adversarial court system

45. Chapter 1 Expert Witness Book for Dummies: use color, illustrations, and creativity!  Fold two pieces of white paper in half together to create an 8 page booklet.  P 1 Cover  p 2 Introduction  p 3 Who's who in the courtroom  p 4 Courtroom layout  p 5 Appearance and demeanor of an expert witness  p 6 Presentation skills and qualifications  pp 7 and 8 Testimony tips...how to play the mental game of our adversarial court system

46. Chapter 1 Expert Witness for Dummies  8 pages in format given  Bullets to highlight important ideas from article (as assigned for each page)  Clip art or pictures to clarify and draw interest  Use color to emphasize points and make it attractive and interesting  You may add things to your book as you talk to others Kendall/Hunt Publishing Company44

47. Chapter 1 Now…YOU are the EXPERT  Think of a subject on which you are an EXPERT  It could be  A job  A hobby  A sport  A subject  A skill  Etc. Kendall/Hunt Publishing Company45

48. Chapter 1 You will testify in Mock Court!  Write 5 questions to demonstrate and establish your expertise  Write one set on the form and a legible duplicate on notebook paper for the direct examination  Be ready to define and describe tour assigned term  You will be asked 3 questions to challenge your expertise! 46

49. Chapter 1 You will testify in Mock Court!  Hand in both sets of questions on the first day of court  Come dressed for court on the first day of court  Come ready to cross-exam, with 3 challenging questions written down. Put your name and the expert’s name on this and mark if you stumped the expert. Hand in with your witness notes 47

50. Chapter 1 Jurors keep a record! Kendall/Hunt Publishing Company48 Witness Presentation Scale of 4 Demeanor Scale of 4 Field of expertise /Qualified? Forensic Term Arnold42Cooking, yesballistics Zelda34Softball, yesfingerprints

51. Chapter 1 Apply skills from Expert Witness Book  Exude confidence without being arrogant!  Speak loudly and clearly and make eye- contact with jury  Speak to jury in complete sentences that restate the question  Maintain an impartial, even demeanor in all circumstances  TELL THE TRUTH!  Behave respectfully in dress and manner Kendall/Hunt Publishing Company49

52. Chapter 1 Kendall/Hunt Publishing Company50 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

53. Chapter 1 Kendall/Hunt Publishing Company51 “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

54. Chapter 1 Kendall/Hunt Publishing Company52 Laws that Pertain to the U.S. Criminal Justice System  The U.S. Constitution  Statutory Law  Common Law or Case Law  Civil Law  Criminal Law  Equity Law  Administrative Law

55. Chapter 1 Kendall/Hunt Publishing Company53 The Bill of Rights Gives individuals the right:  To be presumed innocent until 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 police  To protection from physical harm throughout the justice 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 from the same crime  Against cruel and unusual punishment  To due process  To a speedy trial  Against excessive bail  Against excessive fines  To be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes

56. Chapter 1 Kendall/Hunt Publishing Company54 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.

57. Chapter 1 Kendall/Hunt Publishing Company55 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.

58. Chapter 1 Kendall/Hunt Publishing Company56 Types of Crimes  Infraction  Misdemeanor  Felony