Moot Court Flashcards
Do you work with the prosecutor?
No. Our main customers are the prosecutor but we just report the results and give opinions of those results.
Did you have any judgement when testing your analysis?
No. I do not have any judgement. We do not have judgement at the beginning of the case.
What does quality assurance (QA) mean?
Quality assurance (QA) are measure that are taken by the lab to monitor, verify, and document it’s performance.
- instrument calibrations
-instrument logbooks
- documenting test methods
- external training
- PPE and clean work environment
- reviewing manuals
- competency and proficiency tests
-traceability of all standards and reference materials
What is an expert witness?
a person who is permitted to testify at a trial because of proficiency in a particular field that is relevant to the case.
What is a Jury?
a body of persons legally selected and sworn to give their verdict according to the evidence
What is Voir dire
a preliminary examination to determine the competency of a witness or juror
What is Chain of custody
A process that tracks the evidence by documenting each person who handled the evidence
o Purpose is to retain the integrity of the evidence.
What is a prop 115
For evidence to be introduced into the preliminary hearing by the officer.
Is your lab accredited and by whom?
Yes by ANAB which stands for ANSI (American National Accreditation Institute) National Accreditation Board.
Describe the ANAB accreditation
Our lab voluntarily follows struck guidelines set by ANAB. Our protocols, procedures, and how we do our work is based off these guidelines. Once a year we are audited by ANAB to make sure we are still following these guidelines and that we are processing high quality work.
How does the lab get accredited?
The laboratory must prove that it meets certain requirements based off of ANAB guidelines and that we are following polices and procedures that are based off of those guidelines.
What is accreditation?
When a standard organization sets standards for our laboratory
What is a criminalist?
A person who tests evidence from a law enforcement investigation
What do you do as a criminalist?
I test evidence for controlled substances
Do you consider yourself as an expert on drugs.
No. I am an expert in the analysis of drugs
Do you consider yourself an expert on drug analysis?
Yes.
Is there a position of a trainer at your lab?
The criminalist III position is the technical lead of the section and acts as the trainer.
Do you belong to a recognized society attesting to your qualifications as a drug chemist?
Yes, the California Association of Criminalists.
Why are you part of that organization (CAC)?
It is the most applicable to my position and they keep me up to date with advances in forensic science.
Have you written any articles or published materials dealing with your work? And what are they?
When I was an intern with the Drug Enforcement Administration, I wrote a paper with a Senior Forensic Chemist about a presumptive test for fentanyl.
How does your published article work?
o Fentanyl is a very potent drug and only needs a small amount to give a “high”. This can be a problem with presumptive testing since fentanyl in low abundance when mixed with cutting reagents, such as sugars. We took two different immunoassays, which is test that measure the concentration, “fentanyl” tests. These were tested on fentanyl along with other drugs to determine if fentanyl could be detected. Our results concluded that these two different brands of test trips worked with the presumptive test of fentanyl and would be used at the Drug Enforcement Administration for the presumptive testing of fentanyl.
Do you have continuing education?
No. Continuing education isn’t required by our department.
Are you currently on probation?
Yes, everyone is placed on probation for their first year of employment.
Did you take proficiency and competency tests and passed them?
Yes and No. I have not taken a proficiency test and I have failed a competency test.
What led you to fail your competency test?
I was unknowingly unprepared and I approached by second chance at the competency test with more studying and passed it the second time around
Are you aware that scientists have bias?
All scientists are unaware of their bias. Everyone sees things differently and everyone is human.
Have you ever made mistakes?
Yes, I am only human but I do learn from my mistakes. I have had some corrective actions and quality incidents in training, but that is all public record.
Have you made mistakes in training?
Yes, that is what training is for.
Did you make a mistake on your lab report?
I made a couple errors but it was caught in technical review.
Do you have an error rate?
Errors occur but I do not have knowledge of an error rate. We have technical and administrate reviewers that reduce the amount of errors.
Why aren’t you a doctor to be an expert?
I have had in house training that qualifies me to be an expert. There is no requirement to be a doctor to be a criminalist.
How do you get your evidence?
I request my evidence, I head down to property and Evidence, check the evidence and make sure it is properly packaged and sealed, sign the chain of custody, take possession of the evidence, go back to the lab, and analyze the evidence. Then after analysis, I go back to Property and Evidence, sign the chain of custody, and return the evidence.
Define a proper seal.
A heat-sealed bag or a taped box with the initials and date of who sealed the evidence.
What is the proper way to mark evidence?
Write the initials and date, case Number, and item number on the proximal container.
How do you know you analyzed my client’s sample? (see Sample)
I see my initials and date on the proximal container on the evidence.
What is the proximal container?
The most inner packaging containing the suspected drug material.
Why are there different pen colors?
I went to lunch and I couldn’t find my pen so I grabbed another pen. The protocol does not say I have to use one color, just black or blue.
What is a control?
Something that is run to make sure the technique works. Like a performance test.
Explain the quality assurance program for balances in the Forensic Chemistry section. How is it documented?
Balances are checked every month using traceable weights. Then are serviced once a year.
Is balance calibration done with an internal or external weight?
Both. We have traceable weights that are serviced once a year. We also have in house weights that are used to mock samples we see in casework.
What is the accuracy of the balances in your laboratory?
The analytical balances have an uncertainty of 0.020g and the Bulk balances have an uncertainly of 0.8g.
What is measurement uncertainty?
Every time you take a measurement there is uncertainty. It is the range that of how confident the true value of that measurement will fall within that range.
What is K=2?
It is the coverage factor which is a calculation that provides a level of confidence of 95.45% that the weight will fall within that range. Our accrediting body establishes our minimum confident level.
What is K?
It is a constant.
Why is your measurement uncertainty not 100%?
There is no uncertainty at 100%. That would make our uncertainty +/- infinity and that wouldn’t be helpful.
How many grams in an ounce?
28.3g
Why is it important to take a weight?
It’s important because it would lead to crime enhancement. Which means if the samples weigh a certain amount it can increase the charge
Are your weights 100% accurate?
No. There is always some variability when a weight is taken, however we have a confidence level of 95.45% that our weight will fall within range.
Are weights just net or gross weight?
No. There is also a count for weights for items such as post cards or vape cartridges, weight not obtained, and residue.
What are the major contributors to measurement uncertainty?
a. Repeatability of data (mock evidence weights and SI traceable weights)
b. Uncertainty of the reference standards calibrations
c. Uncertainty of the balance calibrations
d. Uncertainty of the balance readabilities.
What is forensic chemistry?
The application of chemistry to law. Taking evidence samples from an investigation and reaching a conclusion based on the tests we ran.
What is Chemistry?
It is the study of matter, chemical structures, and chemical reactions.
What is Daubert vs. Merill Dow Pharmaceuticals?
It ruled that the judge is the gatekeeper, who assures that scientific testimony comes from scientific knowledge.
Did your analysis follow all standards for Daubert?
Yes. It meets all standards
What is a reagent?
Chemicals used in a laboratory for analysis, cleanup, and extractions.
What is a reference sample?
A known drug that has been purchased from a manufacturer that is compared against our unknown samples.
How does the evidence get to the lab?
Property and evidence pick up evidence from our Sheriff locations once a week. Other outside agencies such as USPS, Homeland security, jails, etc. drop off evidence to property and evidence once a week.
How does the evidence get to you?
The lab request gets entered by the front office, and then it goes to my supervisor, then it gets assigned to me, I go down to property and evidence, I make sure the evidence is sealed and packaged correctly, I sign the chain of custody, I take possession of the evidence, I got back to the lab, I analyze it, then I go back to property and evidence and return it and sign the chain of custody back to them, and then I write my report.
How do you know if this evidence is my client’s?
I personally do not know if this evidence is your client’s but I compared the case number and the item number linked to this sample and whether it’s your suspect’s is not within my scope to testify
How do you have quality work with so many strikeouts?
I am human and I make mistakes. Our manual tells us how we make these corrections and we are transparent with a single strikeout and initial and date if it is done on a different day.
Can we deviate from protocols?
Yes, if we obtain QA approval, we can document it in our notes and cite the scientifically reliable method
What are your established record keeping policies?
Notes are taken at the time of analysis. After the report, it is Technically and administratively reviewed by qualified analysts and then are kept in a secure file room and maintained by our administrative staff.
What is the measurement uncertainty based off of?
The balance with the widest variation, analyst with the widest variation, readability, reliability, calibrations, and reference standards
Is the measurement uncertainty always 0.020g?
a. No it is based off of the balance with the widest variation. So if a new analyst is added or it can change when it gets reevaluated every year.
b. The bulk balance is different because it is based off of measurement of different weights.
How come the weight isn’t the same time every time? A ruler measures the same measurement every time.
A ruler is not measuring anything. It is a measureand. How the ruler is used is where there is some variability. The person is changing.
What is the definition of cannabis?
It is known as marijuana. It is a plant that contains THC.
What is hemp?
It is a crop that is limited to types of the Cannabis Sativa strain that has no more than 0.3% of THC.
What is industrial hemp?
Hemp used for manufacturing purposes such as clothes, sheets, baskets, etc.
Is hemp and CBD the same thing?
No. CBD is a cannabinoid from the Cannabis plant, where as hemp is the cannabis plant with little THC.
What is the scientific name for marijuana including family, genus, and species?
Cannabis. The family is cannabaceae (can uh be see I), the genus is Cannabis, and species could be Cannabis Savita.
What parts of the plant contains THC?
Everything but the roots, stems, and seeds.
Is there any difference in penalty between marijuana, hash and hash oil?
In CA you can carry up to 28.3 grams of Marijuana legally if over 21. You can only carry 8g of hash/hash oil legally if over 21.
What literature have you reviewed and give a quick summary.
I read the LA PD’s cannabis method and it is a separation method to distinguish between cannabis and hemp.
What is a cannabinoid
group of closely related compounds and are the active components of cannabis.
Chemically, can any of the other cannabinoids break down or be converted to THC? Does THC break down?
No. THC breaks down into Cannabinol.
What is total THC?
THC-a acid that is naturally occurring. It is not psychoactive until consumed or heated when it turns in delta 9-THC.
What is Delta 9 THC?
Delta 9 is the location of the double bond in the ring structure.
What information is gained from the macroscopic examination?
To see if it is consistent with the description of “cannabis”
What is a macroscopic test?
A test where you observe the suspected drug material with your naked eye.
What is a microscopic test?
A test that uses a microscope to observe the suspected drug material.
Describe cystolith hairs including characteristics and locations found on marijuana.
Cystolithic hairs are bear claw shaped and they are found on the top of the cannabis leaves.
If you got a positive color test than why isn’t it cannabis?
Hemp contains cannabinoids and a little THC and the color test is sensitive enough to react and make that color show.
What is 17 AMT?
17 Alpha methyl Testosterone. It is our internal standard for the cannabis method.
What is an internal standard?
It is a chemical substance that is added in a constant amount to samples and the blank
Why do you use an internal standard?
To make sure our instrument is working properly
How is 17 AMT similar to THC?
Has a similar structure, formula, molecular weight, and chemical properties
Why do you use 17 AMT instead of the SKF?
It is similar to THC, doesn’t react with it.
What is Cannabidiol?
It is a naturally occurring cannabinoid found in the cannabis plant.
Why is there a spectrum of the 17 AMT?
It is the internal standard and we need to identify it because it used in the ratio that if the THC is above or below 1%. The blank makes sure we are identifying the right component.
If hemp has 0.3% THC why does your method test for 1% THC instead?
It gives us a level of certainty that it is cannabis if that ratio is over 1. This is because our method is 3x the legal amount for hemp. If the THC ratio is over 1, we know that it is definitely cannabis.
What is the guard band
It is a buffer that is added to our IS/pos control to guarantee that even at the lowest level of accuracy, it is within specification.
So, this value is pure THC?
No. It is just a ratio based on these calculations.
How did you make the cannabis method?
We did a validation and ran known samples of cannabis and hemp. During our validation we ran cannabis that has been quantified over 0.3% (Not done in house) and that was found to be cannabis on this method.
How confident are you with your result (for cannabis method)?
It is inconclusive cannabis/hemp. I followed our procedures that are validated, which lead me to this conclusion and then my report was technically and administratively reviewed.
Is an inconclusive result a safety net to maybe not be cannabis?
I cannot testify that it is cannabis or hemp. My results are that it is inconclusive for cannabis/hemp.
What is heroin?
Heroin is a highly addictive drug from the poppy plant