Forensics Chapter 1 Checkpoint Questions

What are the differences between misdemeanors & felonies?

Misdemeanors are considered less serious crimes than felonies. Felonies have harsher penalties.

Name seven types of laws in the United States.

The U.S. Constitution, statutory law, common law, civil law, criminal law, equity law, & administrative law

Explain the plea of nolo contendere.

The accused does not deny the facts, claims no crime, or does not understand the charges

What must the defendant prove to be found "not guilty by reason of insanity"?

The defendant did not know that what he or she was doing was wrong or would harm another

Explain how a violation & an infraction are different.

Every crime is a violation; an infraction is very minor, usually punished by a fine.

What is the purpose of a preliminary hearing?

The judge decides whether there is enough evidence for the case to go to trial. Bail may be determined

What are the Federal Rules of Evidence, & why are they needed?

The rules of evidence were established to determine whether the evidence presented is acceptable to be admitted in court. These rules are necessary to prevent "junk science" from being submitted by nonscientists or those who are not experts

Why is hearsay inadmissible in court?

Hearsay is basically secondhand testimony that may be admitted in civil court but not in criminal court, because the person who supposedly knew the facts is not in court to state his or her exact words, the trier-of-fact cannot judge the demeanor & credibility of the alleged firsthand witness, & the other party's lawyer cannot cross-examine the firsthand witness

A forensic scientist testifying in court as an expert witness bases his or her opinion on __________.

Training & experience

When does an officer not have to read Miranda rights to an arrested person?

When the person is not going to be questioned

Briefly state the Locard principle.

Whenever two objects come into contact with each other, traces of the other are left on each object.

When was science first used to help solve crimes?

200 BC

What are the Miranda Rights?

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at the government's expense."

Federal Rules of Evidence that determine what evidence is accepted in court were enacted in __________.

1975

Study the timeline of forensic history & give three examples of a scientific discovery that developed into a forensic technique in use today (or depicted on the television show CSI).

1. In the 700s AD, the Chinese used fingerprints to establish identity of documents & clay sculptures 2. In 1514, the earliest known use of blood spatter evidence was used 3. In 1776, Paul Revere identified the body of General Joseph Warren based on the false teeth he had made for him

List steps that could be taken to solve a scientific problem (a scientific method).

1. Observe a problem or questioned evidence and collect objective data. 2. State a hypothesis or possible solution to the problem. 3. Examine, test, & analyze to support or refute the hypothesis. 4. Evaluate & verify.

**Name ten individual rights guaranteed by the Bill of Rights.

1. To be presumed innocent until proven guilty 2. To an attorney 3. To trial by jury 4. To know the charges against oneself 5. To cross-examine prosecution witnesses 6. To speak & present witnesses 7. Not to be tried for the same crime 8. To due process 9. To a speedy trial 10. To be treated the same as others, regardless of race, gender, religious preference, country of origin, & other personal attributes

The earliest known use of blood spatter evidence was in __________.

1514

The FBI was established in __________.

1905

Forensic scientists must sometimes consult with scientists who specialize in other areas. Name five of these areas.

Anthropology, psychiatry, odontology, engineering, computer technology, pathology, geology, environmental science, entomology, palynology, polygraphy, & voiceprint analysis (choose any five)

In what types of cases can a defendant opt for a jury trial?

Any type, most civil & criminal

**If you were caught red-handed in a burglary, what procedures would you expect to experience before sentencing?

Arrest, being booked, probably jail until arraignment, where you would plead "guilty," then a preliminary hearing for sentencing. You would probably be out on bail until you show up for jail time, if this is the sentence

Forensic odontology is the study of __________ & __________.

Bite marks & teeth

Bertillon used __________ to identify people in 1879.

Body measurements/body mass

Discuss three differences between civil & criminal cases.

Civil cases involve disputes between individuals, government, organizations, or businesses; the case has to be initiated by one side. They are concerned with assigning blame. A preponderance of evidence is required to convict. The remedy is usually in the form of fines or transfer of property. Criminal cases are crimes against an individual. The state initiates the case, becoming the plaintiff. The state must prove beyond a reasonable doubt to convict. The remedy is in the form of fines, community service, probation, &/or incarceration. Both civil & criminal cases may be heard before a jury.

Give some examples of what might be considered "junk science."

Examples are anything that has NOT been scientifically proven, such as global warming, childhood vaccines causing autism, etc. It may be that those are indeed true but at this time there is no evidence that can be held up in court

The computerized AFIS was established by the __________ in 1996.

FBI

In 1776 Paul Revere identified the remains of General Joseph Warren by what type of evidence?

False teeth or odontology

James Watson & __________ discovered the structure of DNA in 1959.

Francis Crick

Why should evidence be material?

If it is not relevant or significant, it is useless

Why should evidence be probative?

It must prove a point; otherwise it is useless

List four departments commonly found in a crime lab.

Physical science, biology, ballistics, document examination, photography, toxicology, &/or fingerprints (choose any 4)

Describe the Daubert case.

The Daubert ruling was based on both the case of Daubert v. Merrell Dow Pharmaceuticals Inc. & the Frye Standard. In 1993, two children & their parents sued Dow, claiming that the children's serious birth defects had been caused because, during the mother's pregnancies, she had used a prescription drug marketed by Dow. The court decided that the evidence did not meet the standard of "general acceptance" for admission of expert testimony. In appeals, the Supreme Court decided that, in the 70 years since the formulation of the Frye standard, society had become more complex & technologically sophisticated, so that "general acceptance" was no longer the appropriate standard for admissibility. The Daubert ruling was a revision of the Frye Standard for the admissibility of expert scientific evidence. This ruling endorsed a classic definition of the scientific method, including hypothesis testing, estimate of error rates, peer-reviewed publications, & general acceptance.

Describe the case that the Frye standard was based on.

The Frye Standard was based on the 1923 case of James Frye. He was convicted of second degree murder & on appeal, the trial counsel for the defendant offered an expert witness to testify to the result of a depiction test made on the defendant, claiming that during the first trial the testimony was not accepted. The test was described as the systolic blood pressure deception test (a precursor to the polygraph). The decision of the Supreme Court was to let the conviction stand. The court stated that, to be accepted in a court of law, the scientific evidence must be given by an expert witness & have gained "general acceptance" in the particular field of study. After the presentation by the expert witness, the jury can decide whether the evidence has any significance to the case.

Explain the major differences between the Frye standard & the Daubert ruling when dealing with physical evidence & determining whether or not the evidence will be accepted in a court of law.

The Frye standard came about in 1923, stating that the scientific evidence must be given by an expert witness & have gained "general acceptance" in the particular field of study. The jury then determines the significance of the evidence. The 1993 Daubert ruling came about in response to a rapidly changing technological society. It stated that the trial judge will decide on the admissibility of evidence based on five guidelines: The technique must be testable, be subject to peer review, have a stated rate of error, follow standards, & have widespread acceptance.