Forensics ch. 1 test Flashcards
Defn- Forensic Science
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
CSI effect
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
1775 (history + development)
first successful test for detecting arsenic in corpses - swedish chemist Carl Wilhelm Steele
1798
A Treatise on Forensic Medicine and Public Health written by french physician Francois Emanuel Fodere
1814
Spaniard Mathieu Orfila (Father of Toxicology) published 1st scientific treatise on detecting poisons and their effects on animals - led to forensic toxicology
1839
Henri Louis Bayard - first procedures for microscopic detection of sperm and 1st time toxicology was used to convict
1963
first presumptive blood test
1850’s-60’s
new science of photography becomes important for recording images of prisoners and crime scenes
1879
French scientist Alphonse Bertillon (Father of Criminal Identification) - applying anthropology and morphology (study of the structure of living organisms) to personally ID people
late 1800’s
The importance of fingerprint identification becomes understood. Sherlock Holmes becomes important for crime scene detection methods
1901
Dr Karl Landsteiner - blood grouped into 4 major blood types. this led to blood typing being used in criminal investigations
1910
Albert S Osborn - groundbreaking work on document examination - questioned documents - still considered a primary reference for document examiners in today’s world
1910 (UBER IMPORTANT)
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
First police crime lab in the world… where when who
Lyons, France - 1910 - Edmond Locard
First police crime lab in the US … where when
Los Angeles - 1923
Scientific Crime detection lab founded .. where when
Evanston, Illinois - 1929
Frist FBI crime lab opened in? How many examinations currently?
1932 - more than 1 million
Crime labs found at federal level
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
Levels crime labs can be found at
federal, state, local, most maintained by states for regional areas - also some privately funded
US constitution
body of laws that governs our country - overrules constitutions of individual states/ everything
statutory law
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
common/case law
made by judicial opinions and precedents
civil law
noncriminal suits brought to protect or preserve a civil or private right
criminal law
regulation and enforcement of rights setting the acceptable limits of conduct in society -“Public Law”
equity law
remedial or preventative - laws not covered by common law - injunctions or restraining orders
administrative law
rules or laws established by agencies (IRS, Social Security, Military branches)
Steps in pursuing justice
-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
guilty plea
preliminary or evidentiary hearing, no jury, prosecutor presents case, judge passes sentence
not guilty plea
judge decides if there is enough evidence to go to trial, set a date, has legal representation and dtermines whether bail should be set
not guilty by reason of insanity
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
no contest (nolo contendere)
in a criminal case, a defendant neither admits nor denies a crime, but accepts punishment as if he or she is guilty
defn- violation
a breach of right, duty or law
-occurs anytime a law has been broken
defn- infraction
mino offense, less serious than a misdemeanor
-jaywalking, traffic violations
-penalty is a fine
defn- misdemeanor
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
defn- felony
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
requirements for admissible evidence
probative- has to prove something, must be relevant
- fingerprints good probative value
material- relative and significant
- addresses the issue of the particular crime
expert witness
presents scientific evidence, must establish credibility through credentials, background, years of experience, training and education
can give own opinion
lay witness
cannot give opinion
testify on events/observations that are from personal knowlege
Frye vs United States
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
Daubert vs Merrell Dow Pharmaceuticals Inc
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
4 major reasons for the increase in the number of crime laboratories in the US since the 1960’s
supreme court decisions providing greater emphasis on securing evidence, DNA profiling, higher crime rates, and higer drug usage rates
defn - hearsay
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
defn -preliminary (evidentiary) hearing
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
defn- grand jury
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
defn- bail
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
defn- indictment
formally accusing a person of a crime
defn- plea bargains
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
Miranda rights
- right to remain silent and refuse to answer questions
- anything you say or do may be used against you in a court of law
- 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
- if you cannot afford an attorney, one will be appointed for you before any questioning if you wish
- 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?
Colin pitchfork case
casey anthony case
ted bundy case
Coppolino v state cases
