81-121 mistakes legal studies yearly Flashcards
Who are witnesses?
Witnesses are people who know something about the case and who give evidence in court about what they know.
Can police officers be witnesses?
The prosecution witnesses include the police officers who investigated the case and arrested the alleged offender.
Define crime scene
Any physical location in which a crime has occurred or is suspected of having occurred.
Define primary crime scene
The original location of a crime or accident
Define secondary crime scene
An alternate location where additional evidence may be found.
Define suspect
Person thought to be capable of committing a crime.
Define accomplice
Person associated with someone suspected of committing a crime
Define alibi
Statement of where a suspect was at the time of a crime.
Define testimonial evidence
Testimonial evidence includes oral or written statements given to police as well as court testimony by people who witnessed an event.
Define physical evidence
Physical evidence refers to any material items that would be present at the crime scene, on the victims, or found in a suspect’s possession.
Define trace evidence
Trace evidence refers to physical evidence that is found in small but measurable amounts, such as strands of hair, fibers, or skin cells.
Three types of evidence
Trace, physical and testimonial evidence
Role of police officers
POLICE OFFICERS are typically the first to arrive at a crime scene. They are responsible for securing the scene so no evidence is destroyed and detaining persons of interest in the crime.
What is the purpose of CSI UNIT documents?
The CSI UNIT documents the crime scene in detail and collects any physical evidence.
Role of detectives
DETECTIVES interview witnesses and consult with the CSI unit. They investigate the crime by following leads provided by witnesses and physical evidence.
Role of specialists
SPECIALISTS (forensic entomologists, anthropologists, or psychologists) may be called in if the evidence requires expert analysis
Role of medical examiner
To determine a preliminary cause of death.
What are the steps in investigating a crime scene?
The first step in investigating a crime scene is to interview the first officer at the scene or the victim to determine what allegedly happened, what crime took place, and how the crime was committed. This information may not be factual information but it will give the investigators a place to start.
The second step in the investigation of a crime scene, which will help identify possible evidence, identify the point of entry and point of exit, and outline the general layout of the crime scene.
The third step in the protocol involves creating a pictorial record of the scene as well as a rough sketch to demonstrate the layout of the crime scene and to identify the exact position of the deceased victim or other evidence within the crime scene.
This is the last step in the protocol. The crime scene technician will process the crime scene for evidence, both physical and testimonial evidence. It is the crime scene technicians responsibility to identify, evaluate and collect physical evidence from the crime scene for further analysis by a crime laboratory.
Role of drug chemistry
Determines the presence of controlled substances and the identification of marijuana
Role of trace chemistry
Identification and comparison of materials from fires, explosions, paints, and glass
What is microscopy
Microscopic identification and comparison of evidence, such as hairs, fibers, woods, soils, building materials, insulation and other materials.
Role of biology/DNA in forensics
Analysis of body fluids and dried stains such as blood, semen, and saliva.
What is toxicology?
Tests body fluids and tissues to determine the presence of drugs and poisons.
What are Latent prints?
Identification and comparison of fingerprints or other hidden impressions from sources like feet, shoes, ears, lips or the tread on vehicle tires.
What is ballistics?
Study of bullets and ammunition through the comparison of fired bullets, cartridges, guns, and gunpowder patterns on people and objects.
What are tool marks?
Examines marks left by tools on objects at a crime scene or on a victim, such as a hammer used to break a door or a screwdriver used to pick a lock.
What do they do with questioned documents?
They examine the documents to compare handwriting, ink, paper, writing instruments, printers, and other characteristics that would help to identify its origin.
What is the single greatest cause of wrongful convictions nationwide?
According to The Innocence Project (2008) “Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing.”
Examples of witness factors
Age may play a role in the accuracy of an eyewitness’ statement or identification of a suspect. Studies have shown that when a lineup contains the actual culprit, both young children and elderly perform well, but when the lineup does not contain the culprit there is a higher rate of mistaken identifications.
The race of the witness may also play a role. The Cross Race Effect (CRE) is a phenomenon in which people are better at recognizing faces of their own race rather than those of other races.
The use of drugs can alter a person’s ability to recall the events of a crime even after they are no longer under the influence.
A person’s memory of an event can be influenced by other witnesses, investigators, and/or the media. Investigators use open-ended questioning and follow procedures for conducting line-ups to limit their influence on a witness’ memory of an event or identification of a suspect.
A crime that is extremely traumatic for an eyewitness may affect his/her recall of the event. For example, a witness confronted with a weapon tends to focus on the weapon rather than the perpetrator’s face.
Someone who is able to focus on a perpetrator’s face for a minute or longer will tend to have a more accurate memory than someone who saw the person for only a few seconds.
Studies have shown that faces that are either highly attractive, highly unattractive, or distinctive are more likely to be accurately recognized. Simple disguises, such as hats or sunglasses, can interfere with accurate eyewitness identification. However, body piercings and tattoos increase the likelihood of an accurate identification.
The time of day in which the crime occurred as well as a person’s view of the scene may affect what he/she is able to see. In addition, a person who is familiar with the area in which the crime took place, may have a better recall of the positions of the victims or suspects.
Role of jury
Jury role:
Must remain open-minded and fair when deliberating verdict
Jurors must not be influenced by media or personal beliefs when providing verdict
They listen to evidence presented to the court
Apply the law as directed by judge and come to verdict
When does the jury’s verdict actually mean something?
In a court case when there is a unanimous verdict it means that the jurors agree and hand down a verdict
Financial benefits of being a juror
Jurors are paid for their attendance on the jury and employers are required to give leave to their employees for jury duty
What is the judge’s summing up?
The next stage is the judge’s ‘summing up’, which is where the judge summarises the issues, arguments and evidence in the case
Define giving directions in law
The Judge will then explain the relevant laws and how they relate to the case at hand
Define hung jury
A jury that is unable to reach a verdict is called a ‘hung jury’.
What happens when a hung jury occurs?
In these situations the case is dismissed and a retrial will be ordered. This means that the whole case will begin all over again.
What is the High Court?
The High Court is the highest court in Australia. Any appeal that goes to the High Court will be on a question of law only and special permission is required.
What matters does the federal court deal with?
The Federal Court will hear criminal matters that are created by federal legislation. That is, legislation that applies to all States and Territories.
