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Forensic Science > Chapter 1 > Flashcards

Chapter 1 Flashcards

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1
Q

Evidence

A

Anything that tends to establish or disprove a fact. Evidence can include documents, testimony, and other objects.

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2
Q

Ballistics

A

The science that deals with the motion, behavior, and affects of projectiles, most often firearms and bullets

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3
Q

Odontology

A

In forensics, examination of bite marks and dental identification of corpses

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4
Q

Pathology

A

Investigation of sudden, unexplained, or violent death

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5
Q

The study of insects

A

entomology

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6
Q

The study of pollen and spores

A

Palynology

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7
Q

The use of the lie detector

A

Polygraphy

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8
Q

Statutory law

A

legislative acts declaring, commanding, or prohibiting something

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9
Q

the body of law made up of judicial opinions and precedents

A

case law

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10
Q

case law or

A

common law

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11
Q

common law

A

the body of law made up of judicial opinions and precedents

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12
Q

stare decisis

A

“to stand by the decision” meaning previous legal decisions are to be followed

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13
Q

“to stand by decision”

A

state decisis

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14
Q

civil law

A

deals with noncriminal suits brought to protect or preserve a civil or private right or matter

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15
Q

regulation and enforcement of rights setting the acceptable limits of conduct in society

A

criminal law

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16
Q

a minor crime, less than a felony, usually punished with a fine or confinement other than in a prison

A

misdemeanor

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17
Q

a serious crime, such as murder, punishable by more than one year of imprisonment up to execution

A

felony

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18
Q

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

A

probable cause

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19
Q

rights guaranteed by the constitution that police must tell arrestees about, especially the right to remain silent and the right to an attorney

A

Miranda rights or Miranda warning

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20
Q

a police procedure following arrest that requests basic information about the suspect, a photograph, fingerprints, and perhaps a lineup

A

booking

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21
Q

the first act in a criminal proceeding, where the defendant is brought before court to hear charges and enter a plea

A

arraignment

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22
Q

in a criminal lawsuit, a defendant neither admits nor denies a crime but accepts punishment as though he or she was guilty

A

nolo contendere

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23
Q

a hearing before a magistrate or a judge to determine whether a person charged with a crime should be held for trial

A

preliminary hearing

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24
Q

preliminary hearing or

A

evidentiary hearing

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25
Q

evidentiary hearing

A

a hearing before a magistrate or a judge to determine whether a person charged with a crime should be held for trial

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26
Q

bail

A

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.

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27
Q

a group of people sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals

A

grand jury

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28
Q

to formally accuse a person of a crime

A

indict

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29
Q

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

A

plea bargaining

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30
Q

violation

A

a breach of a right, duty, or law

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31
Q

violation of a rule or law that is not punishable by prison

A

infraction

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32
Q

in evidence law, tending to prove something

A

probative

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33
Q

in evidence law, relevant and significant. a material witness has information about the subject

A

material

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34
Q

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.

A

hearsay

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35
Q

evidence not admissible in court

A

hearsay

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36
Q

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

A

expert witness

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37
Q

General acceptance test

A

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.

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38
Q

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.

A

frye standard

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39
Q

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

A

daubert ruling

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40
Q

theories based on distorted, flawed, or untested hypotheses not derived from or tested by the scientific method

A

junk science

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41
Q

Criminalistics

A

The examination of physical evidence; the term forensics may also include broader areas of investigation, such as pathology

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42
Q

crime labs used in forensic science include

A 
physical science (including chemistry, physics, and geology) 
biology
ballistics 
document examination 
photography
toxicology and drug analysis
fingerprints
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43
Q

forensic scientist consult with professionals that study things such as

A 
anthropology 
psychiatry 
Odontology
engineering
computer technology 
pathology
geology 
environmental science 
entomology
palynology
polygraphy
voiceprint analysis
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44
Q

what does a biology unit have

A

it is used to analyze body fluids, DNA, blood factors, hair, fibers, and plant life using biology, biochemistry, and microbiology

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45
Q

what is a document analysis for

A

examine handwriting, typewriting, word processing and computer applications, paper, and ink

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46
Q

a firearms unit is to

A

examine tool marks, weapons, firearms, and bullets

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47
Q

a physical science unit is used to

A

examine drugs, soil, glass, paint, blood spatter patterns, and other trade physical evidence using chemistry physics or geology

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48
Q

what happened in 1514

A

the earliest known use of blood spatter evidence

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49
Q

what happened in 1670?

A

the first high-powers microscope is constructed by Anton Van Leeuwenhoek of Holland

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50
Q

what did Paul Revere do

A

he identified the body of General Joseph warren by using Odontology in 1776

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51
Q

when was the first documented case of physical matching

A

1784

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52
Q

what was the first detective force and when was it established?

A

the sûreté in 1810

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53
Q

who and when was the first use of bullet comparison to catch a murderer

A

1835 Scotland Yard

54
Q

when was forensic toxicology first used

A

1840

55
Q

when was the first time a murderer was convicted in the United States based on dental evidence

A

1850

56
Q

what does William Herschel do

A

he uses thumbprints on documents to identify workers in 1856

57
Q

who developed the science of spectroscopy

A

Gustav Kirchhoff and Robert Bunsen

58
Q

What are the functions of forensic science?

A

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.

59
Q

Forensic scientist come from many backgrounds such as

A

Many have studied biology or microbiology, chemistry, physical science, geology, or any other sciences

60
Q

what does DEA stand for

A

Drug Enforcement Agency and they operate a lab for the department of justice that works mainly on drug-related crimes

61
Q

What does ATF stand for?

A

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

62
Q

What does the U.S postal service lab do?

A

it handles any crimes involving the mail

63
Q

What may a physical science unto examine?

A

Drugs, soil, glass, paint, blood spatter patterns, and other trace physical evidence using chemistry, physics, or geology

64
Q

What does a firearms unit examine?

A

Took makes, weapons, firearms, and bullets

65
Q

What does a document analysis unit examine?

A

handwriting, typewriting, word processing and computer applications, paper and ink

66
Q

What does a biology unite analyze?

A

body fluids, DNA, blood factors, hair, fibers, and plant life using biology, biochemistry, and microbiology

67
Q

What are the five steps in the scientific method?

A
  1. Observation
  2. Inductive reasoning
  3. Hypothesis
  4. Deductive reasoning
  5. Theory
68
Q

explain the first step of the scientific method

A
  1. observation. observe a problem or questioned evidence and collect objective data
69
Q

Explain the second step in the scientific method?

A
  1. 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
70
Q

Explain the third step in the scientific method

A
  1. Hypothesis. Examine, test, and analyze to support or refute the hypothesis.
71
Q

Explain the fourth step in the scientific method

A
  1. Deductive reasoning. use deductive reasoning to make a determination as to significance of the evidence
72
Q

Explain the 5th step in the scientific method

A

Theory. Evaluate and verify all evidence.

73
Q

Why is the scientific method so critical to w forensic scientist?

A

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

74
Q

What is statutory law based on?

A

the constitution

75
Q

What law is based on the constitution?

A

The statutory law

76
Q

What law is “law on the books”

A

Statutory law

77
Q

Common law or

A

Case law

78
Q

What law is made by judges?

A

Common law or case law

79
Q

What does state decisis make?

A

it makes for predictability and consistency in how the law is applied

80
Q

What law can be referred to as private law?

A

Civil law

81
Q

What law may all this go under?

contracts, marriages, divorces. wills, property transfer, negligence, and products manufactured with hidden hazards

A

Civil law

82
Q

What law is more concerned with assigning blame then with establishing intent

A

Civil law

83
Q

in _____ cases a “preponderance of evidence” is required to convict

A

Civil cases

84
Q

Violation of civil law are generally punishable by..

A

fines or transfer of property

85
Q

What is referred to as public law?

A

Criminal law

86
Q

What is criminal law concerned with?

A

offenses against an individual that are deemed offensive to society

87
Q

What is worse a misdemeanor or a felony?

A

Felony

88
Q

In __________ cases in the prosecution must prove guilt “beyond a reasonable doubt” to convict the suspect

A

Criminal law

89
Q

Violations of criminal law are punishable by…

A

fines; community service; probation, incarceration: life in prison or capital punishment (death)

90
Q

What is equity law?

A

Equity law is remedial of preventive (such as an injunction or a restraining order). These laws are for cases not covered by common law.

91
Q

What is administrative law?

A

Administrative law includes rules or laws established by agencies such as IRS, social security administration, or branches of the military

92
Q

What did the Miranda v Arizona case do?

A

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

93
Q

What is the order of the first two steps after a suspect has been arrested

A
  1. booked

2. arraignment

94
Q

What is the time between a booking and an arraignment?

A

Seventy-two hours

95
Q

A person who pleads guilty is taken before a court for a..

A

preliminary or evidentiary hearing

96
Q

Grand jury especially used for a..

A

felony

97
Q

What is the composition of the grand jury?

A

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.

98
Q

What is the comprehensive crime control act from 1984

A

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”

99
Q

What is the penalty for an infraction?

A

typically a fine

100
Q

What are misdemeanors punishable by?

A

no more than one year in jail

101
Q

Where are cases involving misdemeanors usually heard?

A

heard by the district court closest to where the crime took place

102
Q

Fines of a misdemeanor may range from

A

$250-$2500

103
Q

Punishments of a misdemeanor include

A
104
Q

Felonies are tried..

A

in the district court closest to where the crime took place

105
Q

What would the district court do in a felony case?

A

FHEY will conduct a preliminary examination to decide whether the case will be transferred to circuit court for trial

106
Q

Punishments for a feeling conviction may range from

A

5 years up to life in prison, or even, in some states, the death penalty; fines up to $100,000, and probation

107
Q

Evidence must be

A
  • prove something (be probative)

- address the issue of the particular crime (be material)

108
Q

What does be probative mean

A

evidence that proves something

109
Q

what does be material mean

A

evidence that address the issue of the particular crime

110
Q

A hearsay is available where?

A

In civil suits

111
Q

Frye v. United States 1923, what was it about?

A

James Frye was convicted of murder in the second degree

112
Q

What did the court state in the Frye standard

A

“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

113
Q

Daubert v. Merrell Dow Pharmaceuticals inc 1993, what was it about?

A

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

114
Q

What are the five guidelines offered for judgement in the daubert ruling?

A
  1. the scientific theory or technique must be testable
  2. 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
  3. The rate of error or possible errors must be given
  4. The technique must follow standard
  5. The court must consider whether the theory of technique has attracted widespread acceptance within a relevant scientific community
115
Q

what is pseudoscience

A

junk science

116
Q

another word for junk science is..

A

pseudoscience

117
Q

what is the fore she scientists role?

A

to help law authorities decide whether a crim has been committed and help identify the perpetrator

118
Q

what does the scientist bring?

A

proof of evidence and provides results and conclusions through a report written and presented to no scientist

119
Q

the forensic scientist or expert witness has an obligation to be..

A

an advocate for the truth and should not take sides for either the defense or the prosecution

120
Q

Anthropology

A

study of bones and human remains

121
Q

Ichnology

A

study marks ¿?

122
Q

Palynology

A

Study of pollen

123
Q

Steps in pursuing justice

A
  1. crime is committed
  2. discovered
  3. Suspect may or may not be identified
  4. Police investigate the crime scene
  5. Information is collected
  6. Crime is documented and search for evidence
  7. investigation starts
124
Q

What does CIA stand for?

A

Central Intelligence Agency

125
Q

DOJ

A

department of justice

126
Q

What is forensic toxicology

A

The determination of toxic substances in human tissues and organs

127
Q

Trace Evidence Analysis

A

Includes all area of trade and transfer evidence -soil, glass, hair fiber, blood, etc

128
Q

What is Locard’s exchange principle?

A

“whenever two objects come into contact there is always an exchange of material”

129
Q

Omer go us against another

A

Civil law

130
Q

Miranda v Arizona was a

A

Common law or Case law

Forensic Science (6 decks)

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