Chapter 1 Flashcards
Evidence
Anything that tends to establish or disprove a fact. Evidence can include documents, testimony, and other objects.
Ballistics
The science that deals with the motion, behavior, and affects of projectiles, most often firearms and bullets
Odontology
In forensics, examination of bite marks and dental identification of corpses
Pathology
Investigation of sudden, unexplained, or violent death
The study of insects
entomology
The study of pollen and spores
Palynology
The use of the lie detector
Polygraphy
Statutory law
legislative acts declaring, commanding, or prohibiting something
the body of law made up of judicial opinions and precedents
case law
case law or
common law
common law
the body of law made up of judicial opinions and precedents
stare decisis
“to stand by the decision” meaning previous legal decisions are to be followed
“to stand by decision”
state decisis
civil law
deals with noncriminal suits brought to protect or preserve a civil or private right or matter
regulation and enforcement of rights setting the acceptable limits of conduct in society
criminal law
a minor crime, less than a felony, usually punished with a fine or confinement other than in a prison
misdemeanor
a serious crime, such as murder, punishable by more than one year of imprisonment up to execution
felony
situation in which a reasonable and prudent person, viewing the available information, would conclude that a crime has been committed and that the suspect committed it
probable cause
rights guaranteed by the constitution that police must tell arrestees about, especially the right to remain silent and the right to an attorney
Miranda rights or Miranda warning
a police procedure following arrest that requests basic information about the suspect, a photograph, fingerprints, and perhaps a lineup
booking
the first act in a criminal proceeding, where the defendant is brought before court to hear charges and enter a plea
arraignment
in a criminal lawsuit, a defendant neither admits nor denies a crime but accepts punishment as though he or she was guilty
nolo contendere
a hearing before a magistrate or a judge to determine whether a person charged with a crime should be held for trial
preliminary hearing
preliminary hearing or
evidentiary hearing
evidentiary hearing
a hearing before a magistrate or a judge to determine whether a person charged with a crime should be held for trial
bail
money put up to guarantee that the defendant will appear in court as directed. a bondsman will pay the bail for a few of 10% of the bail amount. if the defendant doesn’t appear when the time comes, the bondsman may hire bounty hunters to find and return the suspect.
a group of people sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals
grand jury
to formally accuse a person of a crime
indict
an agreement in which a defendant pleads guilty to a lesser charge and the prosecuted in return drops more serious charges to avoid the cost and time of a trial
plea bargaining
violation
a breach of a right, duty, or law
violation of a rule or law that is not punishable by prison
infraction
in evidence law, tending to prove something
probative
in evidence law, relevant and significant. a material witness has information about the subject
material
testimony given by a witness who relates not what he or she heard, saw, or knew personally, but what others have said. the knowledge is dependent on the credibility of the other person, and therefore is not admissible in court unless it meets a hearsay exception.
hearsay
evidence not admissible in court
hearsay
a person who is a specialist in a subject, often technical, who may present his or her expert opinion without actually witnessing any occurrence relating to the case. this is an exception to the rule against giving an opinion in a trial, provided that the expert is qualified by his or her expertise, training, and special knowledge
expert witness
General acceptance test
the frye standard dictates that scientific evident is admissible at trial only if the methodology or scientific principle on which the opinion is based is “sufficiently established to have gained general acceptance in the particular field in which it belongs.” the frye test applies only the “new” or “novel” scientific methodologies.
this standard dictates that scientific evident is admissible at trial only if the methodology or scientific principle on which the opinion is based is “sufficiently established to have gained general acceptance in the particular field in which it belongs.” this test applies only the “new” or “novel” scientific methodologies.
frye standard
updated revision of the Frye standard of admissibility of expert scientific evidence that implicitly endorses a classical definition of the scientific method, including hypothesis testing, estimates of error rates, peer-reviewed publication, and general acceptance
daubert ruling
theories based on distorted, flawed, or untested hypotheses not derived from or tested by the scientific method
junk science
Criminalistics
The examination of physical evidence; the term forensics may also include broader areas of investigation, such as pathology
crime labs used in forensic science include
physical science (including chemistry, physics, and geology) biology ballistics document examination photography toxicology and drug analysis fingerprints
forensic scientist consult with professionals that study things such as
anthropology psychiatry Odontology engineering computer technology pathology geology environmental science entomology palynology polygraphy voiceprint analysis
what does a biology unit have
it is used to analyze body fluids, DNA, blood factors, hair, fibers, and plant life using biology, biochemistry, and microbiology
what is a document analysis for
examine handwriting, typewriting, word processing and computer applications, paper, and ink
a firearms unit is to
examine tool marks, weapons, firearms, and bullets
a physical science unit is used to
examine drugs, soil, glass, paint, blood spatter patterns, and other trade physical evidence using chemistry physics or geology
what happened in 1514
the earliest known use of blood spatter evidence
what happened in 1670?
the first high-powers microscope is constructed by Anton Van Leeuwenhoek of Holland
what did Paul Revere do
he identified the body of General Joseph warren by using Odontology in 1776
when was the first documented case of physical matching
1784
what was the first detective force and when was it established?
the sûreté in 1810
who and when was the first use of bullet comparison to catch a murderer
1835 Scotland Yard
when was forensic toxicology first used
1840
when was the first time a murderer was convicted in the United States based on dental evidence
1850
what does William Herschel do
he uses thumbprints on documents to identify workers in 1856
who developed the science of spectroscopy
Gustav Kirchhoff and Robert Bunsen
What are the functions of forensic science?
A forensic scientists main job is to study the different types of evidence found at a crime scene
A forensic scientist will also perform scientific research and train others in the area of forensic science.
Forensic scientist come from many backgrounds such as
Many have studied biology or microbiology, chemistry, physical science, geology, or any other sciences
what does DEA stand for
Drug Enforcement Agency and they operate a lab for the department of justice that works mainly on drug-related crimes
What does ATF stand for?
The Bareau of Alcohol, Tobacco, and Firearms and they run a crime lab for the department of the treasury. They deal with crimes involving alcohol, weapons, explosives, and organized crime
What does the U.S postal service lab do?
it handles any crimes involving the mail
What may a physical science unto examine?
Drugs, soil, glass, paint, blood spatter patterns, and other trace physical evidence using chemistry, physics, or geology
What does a firearms unit examine?
Took makes, weapons, firearms, and bullets
What does a document analysis unit examine?
handwriting, typewriting, word processing and computer applications, paper and ink
What does a biology unite analyze?
body fluids, DNA, blood factors, hair, fibers, and plant life using biology, biochemistry, and microbiology
What are the five steps in the scientific method?
- Observation
- Inductive reasoning
- Hypothesis
- Deductive reasoning
- Theory
explain the first step of the scientific method
- observation. observe a problem or questioned evidence and collect objective data
Explain the second step in the scientific method?
- inductive reasoning. Consider a hypothesis or possible solutions to the problem based on observations, giving direction to the work plan. this step requires inductive reasoning, experience, and imagination
Explain the third step in the scientific method
- Hypothesis. Examine, test, and analyze to support or refute the hypothesis.
Explain the fourth step in the scientific method
- Deductive reasoning. use deductive reasoning to make a determination as to significance of the evidence
Explain the 5th step in the scientific method
Theory. Evaluate and verify all evidence.
Why is the scientific method so critical to w forensic scientist?
The scientific method is so critical to a forensic scientist because someone’s Liberty can depend on this work. all possible error must be stated. consideration must be given to standardization, reproducibility, validity, reliability, and accuracy
What is statutory law based on?
the constitution
What law is based on the constitution?
The statutory law
What law is “law on the books”
Statutory law
Common law or
Case law
What law is made by judges?
Common law or case law
What does state decisis make?
it makes for predictability and consistency in how the law is applied
What law can be referred to as private law?
Civil law
What law may all this go under?
contracts, marriages, divorces. wills, property transfer, negligence, and products manufactured with hidden hazards
Civil law
What law is more concerned with assigning blame then with establishing intent
Civil law
in _____ cases a “preponderance of evidence” is required to convict
Civil cases
Violation of civil law are generally punishable by..
fines or transfer of property
What is referred to as public law?
Criminal law
What is criminal law concerned with?
offenses against an individual that are deemed offensive to society
What is worse a misdemeanor or a felony?
Felony
In __________ cases in the prosecution must prove guilt “beyond a reasonable doubt” to convict the suspect
Criminal law
Violations of criminal law are punishable by…
fines; community service; probation, incarceration: life in prison or capital punishment (death)
What is equity law?
Equity law is remedial of preventive (such as an injunction or a restraining order). These laws are for cases not covered by common law.
What is administrative law?
Administrative law includes rules or laws established by agencies such as IRS, social security administration, or branches of the military
What did the Miranda v Arizona case do?
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
What is the order of the first two steps after a suspect has been arrested
- booked
2. arraignment
What is the time between a booking and an arraignment?
Seventy-two hours
A person who pleads guilty is taken before a court for a..
preliminary or evidentiary hearing
Grand jury especially used for a..
felony
What is the composition of the grand jury?
it varies by state but it usually consists of sixteen to twenty-three citizens. only the prosecuted presents evidence. there is no cross-examination. the jury decides by majority vote; there is no need for a unanimous decision.
What is the comprehensive crime control act from 1984
The federal insanity defense now requires the defendant to prove, by “clear and convincing evidence,” that “at the time of the commission of the acts conditioning the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts”
What is the penalty for an infraction?
typically a fine
What are misdemeanors punishable by?
no more than one year in jail
Where are cases involving misdemeanors usually heard?
heard by the district court closest to where the crime took place
Fines of a misdemeanor may range from
$250-$2500
Punishments of a misdemeanor include
Felonies are tried..
in the district court closest to where the crime took place
What would the district court do in a felony case?
FHEY will conduct a preliminary examination to decide whether the case will be transferred to circuit court for trial
Punishments for a feeling conviction may range from
5 years up to life in prison, or even, in some states, the death penalty; fines up to $100,000, and probation
Evidence must be
- prove something (be probative)
- address the issue of the particular crime (be material)
What does be probative mean
evidence that proves something
what does be material mean
evidence that address the issue of the particular crime
A hearsay is available where?
In civil suits
Frye v. United States 1923, what was it about?
James Frye was convicted of murder in the second degree
What did the court state in the Frye standard
“to be accepted in the court of law, the scientific evidence must be given by an expert witness and have gained “general acceptance” in the particular field of study. after presentation by the expert witness, the jury can decide whether the evidence had any significance on the case
Daubert v. Merrell Dow Pharmaceuticals inc 1993, what was it about?
Two minor children and their parents sued Dow, claiming that the children’s serious birth defects had been caused because during the mothers pregnancies they had used a prescription drug marketed by dow
What are the five guidelines offered for judgement in the daubert ruling?
- the scientific theory or technique must be testable
- the theory or technique must be subject to peer review and publication; this means that other experts in the field must be able to study the research to determine whether it seems valid
- The rate of error or possible errors must be given
- The technique must follow standard
- The court must consider whether the theory of technique has attracted widespread acceptance within a relevant scientific community
what is pseudoscience
junk science
another word for junk science is..
pseudoscience
what is the fore she scientists role?
to help law authorities decide whether a crim has been committed and help identify the perpetrator
what does the scientist bring?
proof of evidence and provides results and conclusions through a report written and presented to no scientist
the forensic scientist or expert witness has an obligation to be..
an advocate for the truth and should not take sides for either the defense or the prosecution
Anthropology
study of bones and human remains
Ichnology
study marks ¿?
Palynology
Study of pollen
Steps in pursuing justice
- crime is committed
- discovered
- Suspect may or may not be identified
- Police investigate the crime scene
- Information is collected
- Crime is documented and search for evidence
- investigation starts
What does CIA stand for?
Central Intelligence Agency
DOJ
department of justice
What is forensic toxicology
The determination of toxic substances in human tissues and organs
Trace Evidence Analysis
Includes all area of trade and transfer evidence -soil, glass, hair fiber, blood, etc
What is Locard’s exchange principle?
“whenever two objects come into contact there is always an exchange of material”
Omer go us against another
Civil law
Miranda v Arizona was a
Common law or Case law
