Forensics ch. 1 test Flashcards

1
Q

Defn- Forensic Science

A

the study and application of science to the criminal and civil laws that are enforced by police agencies in a criminal justice system. Also known as criminalistics

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2
Q

CSI effect

A

prime time shows in the past few decades that dramatized forensic science has led to a huge popularity, but also unrealistic expectations that all prosecutors cases should be bolstered by forensic science

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3
Q

1775 (history + development)

A

first successful test for detecting arsenic in corpses - swedish chemist Carl Wilhelm Steele

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4
Q

1798

A

A Treatise on Forensic Medicine and Public Health written by french physician Francois Emanuel Fodere

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5
Q

1814

A

Spaniard Mathieu Orfila (Father of Toxicology) published 1st scientific treatise on detecting poisons and their effects on animals - led to forensic toxicology

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6
Q

1839

A

Henri Louis Bayard - first procedures for microscopic detection of sperm and 1st time toxicology was used to convict

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7
Q

1963

A

first presumptive blood test

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8
Q

1850’s-60’s

A

new science of photography becomes important for recording images of prisoners and crime scenes

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9
Q

1879

A

French scientist Alphonse Bertillon (Father of Criminal Identification) - applying anthropology and morphology (study of the structure of living organisms) to personally ID people

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10
Q

late 1800’s

A

The importance of fingerprint identification becomes understood. Sherlock Holmes becomes important for crime scene detection methods

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11
Q

1901

A

Dr Karl Landsteiner - blood grouped into 4 major blood types. this led to blood typing being used in criminal investigations

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12
Q

1910

A

Albert S Osborn - groundbreaking work on document examination - questioned documents - still considered a primary reference for document examiners in today’s world

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13
Q

1910 (UBER IMPORTANT)

A

Edmond Locard - French professor - father of criminalistics - built worlds first forensic lab in Lyons, France - developed the Locard exchange principle - whenever 2 objects come into contact with each other, traces of each are exchanged

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14
Q

First police crime lab in the world… where when who

A

Lyons, France - 1910 - Edmond Locard

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15
Q

First police crime lab in the US … where when

A

Los Angeles - 1923

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16
Q

Scientific Crime detection lab founded .. where when

A

Evanston, Illinois - 1929

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17
Q

Frist FBI crime lab opened in? How many examinations currently?

A

1932 - more than 1 million

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18
Q

Crime labs found at federal level

A

FBI (federal bureau of investigation) dept. of justice- largest crime lab in the world
DEA (Drug enforcement agency) dept. of justice- works mainly on drug related crimes
ATF (bureau of alcohol tobacco and firearms) dept. of justice- crimes involving alcohol, weapons, explosives, and organized crime
USPS (us postal service) - criminal investigation relating to mail and delivery systems

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19
Q

Levels crime labs can be found at

A

federal, state, local, most maintained by states for regional areas - also some privately funded

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20
Q

US constitution

A

body of laws that governs our country - overrules constitutions of individual states/ everything

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21
Q

statutory law

A

legislative acts declaring, commanding, or prohibiting something - “laws on the books” - enacted by governmental body having the power to make laws (congress) -based on the constitution

22
Q

common/case law

A

made by judicial opinions and precedents

23
Q

civil law

A

noncriminal suits brought to protect or preserve a civil or private right

24
Q

criminal law

A

regulation and enforcement of rights setting the acceptable limits of conduct in society -“Public Law”

25
Q

equity law

A

remedial or preventative - laws not covered by common law - injunctions or restraining orders

26
Q

administrative law

A

rules or laws established by agencies (IRS, Social Security, Military branches)

27
Q

Steps in pursuing justice

A

-Discovery of crime - investigation, collect info, document crime scene, assemble report, find suspect
-Arrest Suspect - read miranda rights, booking, fingerprint, photograph
-arraignment - brought before judge to detail charges, rights and bail, and suspect offers plea

28
Q

guilty plea

A

preliminary or evidentiary hearing, no jury, prosecutor presents case, judge passes sentence

29
Q

not guilty plea

A

judge decides if there is enough evidence to go to trial, set a date, has legal representation and dtermines whether bail should be set

30
Q

not guilty by reason of insanity

A

specific legal definition - 1984 congress passed Comprehensive Crime Control act - defendant to prove “clear and convincing evidence that at the time of commision of the acts constituting the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature and quality or wrongfulness of his acts” - knowing right from wrong

31
Q

no contest (nolo contendere)

A

in a criminal case, a defendant neither admits nor denies a crime, but accepts punishment as if he or she is guilty

32
Q

defn- violation

A

a breach of right, duty or law
-occurs anytime a law has been broken

33
Q

defn- infraction

A

mino offense, less serious than a misdemeanor
-jaywalking, traffic violations
-penalty is a fine

34
Q

defn- misdemeanor

A

minor crime, less serious than felony
-cases usually heard by a district court closest to violation
-first offense drunk driving, vandalism, shoplifting
-many times punished with a fine, could have jail time, but no more than a year. community service is usually part of the sentence

35
Q

defn- felony

A

major crime that carry stiffer penalties
-arson, aggravated assault, burglary, robbery, murder, rape
-punishable by more than 1 year in jail up to death by execution
-major fines and usually followed by probation after release

36
Q

requirements for admissible evidence

A

probative- has to prove something, must be relevant
- fingerprints good probative value
material- relative and significant
- addresses the issue of the particular crime

37
Q

expert witness

A

presents scientific evidence, must establish credibility through credentials, background, years of experience, training and education
can give own opinion

38
Q

lay witness

A

cannot give opinion
testify on events/observations that are from personal knowlege

39
Q

Frye vs United States

A

1923 - scientific evidence must be given by expert witness that has gained “general acceptance” in their field of study
-juy determines if it is admissible and significant
- not as much guidance on reliability

40
Q

Daubert vs Merrell Dow Pharmaceuticals Inc

A

1993- updated verison of Frye ruling
-response to rapidly changing technological society
-trial judge decides on admissability of evidence based on 5 guidelines
1. testable 2. subject to peer review 3. rate of error considered 4. standards that control techniques operation 5. widespread acceptance in scientific community

41
Q

4 major reasons for the increase in the number of crime laboratories in the US since the 1960’s

A

supreme court decisions providing greater emphasis on securing evidence, DNA profiling, higher crime rates, and higer drug usage rates

42
Q

defn - hearsay

A

testimony given by a witness who relates not what he or she heard, saw or knew personally but what others have said
- knowledge is dependent on the credibility, not usually admissible in court
-this is different from testimony from expert witness

43
Q

defn -preliminary (evidentiary) hearing

A

hearing before a magistrate or a judge to determine whether a person is charged with a crime and should be held for trial
-prosecutor presents, accused has the right to cross examine

44
Q

defn- grand jury

A

used instead of a preliminary hearing, jury of 16-23 citizens determine whether there is enough evidence to bring to trial
-prosecutor presents, majority of votes determines if it goes to trial

45
Q

defn- bail

A

money put up to guarantee that the defendant will appear in court as directed
- you must pay 10% of the bail amount to get out
-if the defendant skips bail - bondsman can employ bounty hunters if they put up money for the bail

46
Q

defn- indictment

A

formally accusing a person of a crime

47
Q

defn- plea bargains

A

an agreement in which a defendant pleads guilty to lesser charges and the prosecutor drops more serious charges
- avoids cost and time of trial
-approx. 90% of all cases

48
Q

Miranda rights

A
  1. right to remain silent and refuse to answer questions
  2. anything you say or do may be used against you in a court of law
  3. you have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future
  4. if you cannot afford an attorney, one will be appointed for you before any questioning if you wish
  5. if you decide to answer questions now without an attorney present, you still have the right to stop answering as any time until you talk to an attorney
    6.knowing and understanding your rights as i have explained to you, are you willing to answer my questions without an attorney present?
49
Q

Colin pitchfork case

A
50
Q

casey anthony case

A
51
Q

ted bundy case

A
52
Q

Coppolino v state cases

A