Unit 1 - Introduction to Forensic Science and the Law

Question 1

Forensic Science

Answer 1

the study and applications of science to matters of law

Question 2

Criminalistics

Answer 2

the examination of physical evidence

Question 3

How do the terms forensic science and criminalistics compare?

Answer 3

Criminalistics looks at only physical evidence. Forensic Science is all areas of science.

Question 4

Evidence

Answer 4

anything that tends to establish or disprove a fact. Can include testimony, documents, and other objects.

Question 5

Ballistics

Answer 5

the science that deals with the motion, behavior, and effects of projectiles, most often firearms and bullets.

Question 6

first task when examining evidence

Answer 6

identify what it is and where it came from

Question 7

Odontology

Answer 7

in forensics, examination of bite marks and dental identification of corpse

Question 8

Pathology

Answer 8

investigation of sudden, unexplained, or violent death

Question 9

Entomology

Answer 9

the study of insects

Question 10

Palynology

Answer 10

the study of pollen and sperm

Question 11

Polygraphy

Answer 11

the use of the “lie detector”

Question 12

Locard Principle

Answer 12

Whenever two objects come into contact, there is always a transfer of material.

Question 13

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?

Answer 13

The United States Constitution

Question 14

Statutory law (written law, codified law)

Answer 14

legislative acts declaring, commanding, or prohibiting something (made by US or state Congress, etc). Based on the Constitution.

Question 15

Common law (case law)

Answer 15

the body of law made up of judicial opinions and precedents

Question 16

Stare decisis

Answer 16

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

Question 17

Civil law (private law)

Answer 17

• 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

Question 18

Criminal law (public law)

Answer 18

• 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

Question 19

Misdemeanor

Answer 19

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

Question 20

Felony

Answer 20

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

Question 21

Equity Law

Answer 21

Remedial or preventative

(injunctions, restraining orders, etc)

Question 22

Probable cause

Answer 22

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.

Question 23

Administrative Law

Answer 23

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

Question 24

Violation

Answer 24

a breach of a right, duty, or law

Question 25

Infraction

Answer 25

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

Question 26

Elements of crime

Answer 26

the specific factors or parts of a crime (depending on the charge)

Question 27

Booking

Answer 27

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

Question 28

Miranda rights (Miranda warning)

Answer 28

rights guranteed the the Constituation that police must tell arrestees about, especially the right to remain silent and the right to an attorney

Question 29

Arraignment

Answer 29

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

Question 30

Bail

Answer 30

• 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.

Question 31

Choices for plea

Answer 31

• Guilty
• Not guilty
• Not guilly by reason of insanity
• Double jeopardy
• Nolo contendere

Question 32

Double jeopardy

Answer 32

Having already been tried for the same crime in the same court

Question 33

Nolo contendere

Answer 33

No contest (defendant neither admits nor denies commiting a crime but accepts punishment as if he or she was guilty)

Question 34

Preliminary (evidentiary) hearing

Answer 34

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

Question 35

Grand jury

Answer 35

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

Question 36

Basis of not guilty by reason of insanity plea

Answer 36

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

Question 37

Indict

Answer 37

to formally accuse a person of a crime

Question 38

Plea bargaining

Answer 38

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

Question 39

Probative

Answer 39

in evidence law, tending to prove something

Question 40

Material

Answer 40

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

Question 41

Hearsay

Answer 41

• 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

Question 42

Expert witness

Answer 42

• 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.

Question 43

Frye standard

Answer 43

• 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

Question 44

Daubert Ruling

Answer 44

• 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

Question 45

Junk science (pseudoscience)

Answer 45

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