Unit 1 - Introduction to Forensic Science and the Law Flashcards
Forensic Science
the study and applications of science to matters of law
Criminalistics
the examination of physical evidence
How do the terms forensic science and criminalistics compare?
Criminalistics looks at only physical evidence. Forensic Science is all areas of science.
Evidence
anything that tends to establish or disprove a fact. Can include testimony, documents, and other objects.
Ballistics
the science that deals with the motion, behavior, and effects of projectiles, most often firearms and bullets.
first task when examining evidence
identify what it is and where it came from
Odontology
in forensics, examination of bite marks and dental identification of corpse
Pathology
investigation of sudden, unexplained, or violent death
Entomology
the study of insects
Palynology
the study of pollen and sperm
Polygraphy
the use of the “lie detector”
Locard Principle
Whenever two objects come into contact, there is always a transfer of material.
In the US, what is the final authority on laws pertaining to individual rights and on the power of the government to create laws and to create limits on punishments?
The United States Constitution
Statutory law (written law, codified law)
legislative acts declaring, commanding, or prohibiting something (made by US or state Congress, etc). Based on the Constitution.
Common law (case 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
Civil law (private law)
- law that deals with noncriminal suits brought to protect or preserve a civil or private right or matter
- often deals with relationships between people and/or businesses
- cases must be brought by a person, not a government
- Concerned with blame and not intent
- Guilt is proved by a “preponderance of evidence”
- usually results in fines or transfer of property; never jail time
Criminal law (public law)
- regulation and enforcement of rights
- looks at relationship between individual and society
- setting the acceptable limits of conduct in society
- cases are brought by govenment against individual
- concerned with intent
- guilt is proved “beyond the benefit of a doubt”
- usually results in fines, community service, jail time, or death
Misdemeanor
a minor crime, less than a felony, usually punished with a fine or confinement other than in a prison
Felony
a serious crime, such as murder, punishable by more than one year of imprisonment up to execution
Equity Law
Remedial or preventative
(injunctions, restraining orders, etc)
Probable cause
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.
Administrative Law
Law made by an organization (can be a govenment agency) that is concerned with how the organization or those within the organization function or behave. Examples:
- IRS
- Social Security Administration
- US Military
- CISD
Violation
a breach of a right, duty, or law
Infraction
violation of a rule or law that is not punishable by prison
Elements of crime
the specific factors or parts of a crime (depending on the charge)
Booking
a police procedure following arrest that records basic information about the suspect, a photograph, and fingerprints, and perhaps includes a lineup
Miranda rights (Miranda warning)
rights guranteed the the Constituation that police must tell arrestees about, especially the right to remain silent and the right to an attorney
Arraignment
the first act in a criminal proceeding, where the defending is brought before the court to hear charges and enter a plea
Bail
- money put up to guarantee that the defendent will appear in court as directed.
- A bondsman pays the bail for a fee of 10 percent of the bail amount.
- If the defendent does not appear when the time comes, the bondsman may hire bounty hunters to find and return the suspect.
Choices for plea
- Guilty
- Not guilty
- Not guilly by reason of insanity
- Double jeopardy
- Nolo contendere
Double jeopardy
Having already been tried for the same crime in the same court
Nolo contendere
No contest (defendant neither admits nor denies commiting a crime but accepts punishment as if he or she was guilty)
Preliminary (evidentiary) hearing
a hearing before a magistrate or judge only (not a jury) to determine whether a person being charged with a crime should be held for a trial
Grand jury
A group of people sworn to inquire into a crime, and if appropriate, bring accusations (indictments) against the suspected criminals; similar to a preliminary or evidentiary hearing but includes a jury
Basis of not guilty by reason of insanity plea
defendant, at time of crime, as a result of severe mental illness or defect, was unable to appreciate the nature and quality or the wrongfulness of his/her acts
Indict
to formally accuse a person of a crime
Plea bargaining
An agreement in which a defendant pleads guilty to a lesser charge and the prosecutor in return drops more serious charges to avoid the cost and time of a trial
Probative
in evidence law, tending to prove something
Material
in evidence law, relevant and significant. A material witness has information about the subject.
Hearsay
- testimony given by a witness who relates not what he or she heard, saw, or knows personally, but what others have said.
- knowledge is dependant on the credibility of the person who first made the statement, and therefore is not admissable in court unless it meets a hearsay exception
Expert witness
- a person who is a specialist in a subject that is 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 the trial, provided that the expert is qualified by his or her expertise, training, and special knowledge.
Frye standard
- commonly called the “general acceptance” test
- dictates that scientific evidence is admissable 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”
- applies only to “new” or “novel” scientific methodologies
- replaced by Daubert Ruling
Daubert Ruling
- Revision of the Frye standard for admissibility of expert scientific evidence
- implicity endorses a classical definition of the scientific method, including hypothesis, testing, estimates of error rates, peer-reviewed publication, and general acceptance
- applies only to federal courts, but states are expected to use as a guideline
Junk science (pseudoscience)
Theories based on distorted, flawed, or untested hypotheses not derived from or tested by the scientific method
