81-121 mistakes legal studies yearly

Question 1

Who are witnesses?

Answer 1

Witnesses are people who know something about the case and who give evidence in court about what they know.

Question 2

Can police officers be witnesses?

Answer 2

The prosecution witnesses include the police officers who investigated the case and arrested the alleged offender.

Question 3

Define crime scene

Answer 3

Any physical location in which a crime has occurred or is suspected of having occurred.

Question 4

Define primary crime scene

Answer 4

The original location of a crime or accident

Question 5

Define secondary crime scene

Answer 5

An alternate location where additional evidence may be found.

Question 6

Define suspect

Answer 6

Person thought to be capable of committing a crime.

Question 7

Define accomplice

Answer 7

Person associated with someone suspected of committing a crime

Question 8

Define alibi

Answer 8

Statement of where a suspect was at the time of a crime.

Question 9

Define testimonial evidence

Answer 9

Testimonial evidence includes oral or written statements given to police as well as court testimony by people who witnessed an event.

Question 10

Define physical evidence

Answer 10

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.

Question 11

Define trace evidence

Answer 11

Trace evidence refers to physical evidence that is found in small but measurable amounts, such as strands of hair, fibers, or skin cells.

Question 12

Three types of evidence

Answer 12

Trace, physical and testimonial evidence

Question 13

Role of police officers

Answer 13

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.

Question 14

What is the purpose of CSI UNIT documents?

Answer 14

The CSI UNIT documents the crime scene in detail and collects any physical evidence.

Question 15

Role of detectives

Answer 15

DETECTIVES interview witnesses and consult with the CSI unit. They investigate the crime by following leads provided by witnesses and physical evidence.

Question 16

Role of specialists

Answer 16

SPECIALISTS (forensic entomologists, anthropologists, or psychologists) may be called in if the evidence requires expert analysis

Question 17

Role of medical examiner

Answer 17

To determine a preliminary cause of death.

Question 18

What are the steps in investigating a crime scene?

Answer 18

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.

Question 19

Role of drug chemistry

Answer 19

Determines the presence of controlled substances and the identification of marijuana

Question 20

Role of trace chemistry

Answer 20

Identification and comparison of materials from fires, explosions, paints, and glass

Question 21

What is microscopy

Answer 21

Microscopic identification and comparison of evidence, such as hairs, fibers, woods, soils, building materials, insulation and other materials.

Question 22

Role of biology/DNA in forensics

Answer 22

Analysis of body fluids and dried stains such as blood, semen, and saliva.

Question 23

What is toxicology?

Answer 23

Tests body fluids and tissues to determine the presence of drugs and poisons.

Question 24

What are Latent prints?

Answer 24

Identification and comparison of fingerprints or other hidden impressions from sources like feet, shoes, ears, lips or the tread on vehicle tires.

Question 25

What is ballistics?

Answer 25

Study of bullets and ammunition through the comparison of fired bullets, cartridges, guns, and gunpowder patterns on people and objects.

Question 26

What are tool marks?

Answer 26

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.

Question 27

What do they do with questioned documents?

Answer 27

They examine the documents to compare handwriting, ink, paper, writing instruments, printers, and other characteristics that would help to identify its origin.

Question 28

What is the single greatest cause of wrongful convictions nationwide?

Answer 28

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.”

Question 29

Examples of witness factors

Answer 29

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.

Question 30

Role of jury

Answer 30

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

Question 31

When does the jury’s verdict actually mean something?

Answer 31

In a court case when there is a unanimous verdict it means that the jurors agree and hand down a verdict

Question 32

Financial benefits of being a juror

Answer 32

Jurors are paid for their attendance on the jury and employers are required to give leave to their employees for jury duty

Question 33

What is the judge’s summing up?

Answer 33

The next stage is the judge’s ‘summing up’, which is where the judge summarises the issues, arguments and evidence in the case

Question 34

Define giving directions in law

Answer 34

The Judge will then explain the relevant laws and how they relate to the case at hand

Question 35

Define hung jury

Answer 35

A jury that is unable to reach a verdict is called a ‘hung jury’.

Question 36

What happens when a hung jury occurs?

Answer 36

In these situations the case is dismissed and a retrial will be ordered. This means that the whole case will begin all over again.

Question 37

What is the High Court?

Answer 37

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.

Question 38

What matters does the federal court deal with?

Answer 38

The Federal Court will hear criminal matters that are created by federal legislation. That is, legislation that applies to all States and Territories.