FSC239 Test 4

What is a code of ethics?

- A formal/systematic statement of rules, principles, regulations, or laws - Developed by community/group - Promotes well-being, excludes/punishes undermining behaviour - Might be ostracized or excluded

What is evidence?

- Anything that can assist in explaining a fact - Evidence can be in the form of physical items that create a linkage between the scene and suspect - Can be in the form of eyewitness statements o Least reliable o Need a lot of them to piece the story together

What is forensic evidence?

- Anything that can assist in explaining a fact to a high degree of scientific certainty - Evidence can be in the form of physical items that create a linkage between the scene and suspect. ( Fingerprints, hair, DNA, footwear, etc. are the types of evidence relied upon)

What is data bias?

- Collection, analysis, availability -Method of data collection and analysis can bias findings and conclusions -Client does not provide all basic observational data to expert for evaluation and thus important facts are withheld thus enlarging the number of plausible hypotheses that might explain the facts -Following the majority view in joint examinations of evidence due to lack of confidence ('bandwagon effect'). - -- Bias in data can result from: survey questions that are constructed with a particular slant choosing a known group with a particular background to respond to surveys reporting data in misleading categorical groupings non-random selections when sampling systematic measurement errors.

What are the parts of a major investigation?

- Crime scene - Investigation - Suspect identification - Suspect linkages - Arrest - Interrogation - Charges laid

What linkages existed between the case and the evidence?

- Essential to link the suspect, victim, and the scene - Must connect this vehicle to the victim in order to have linkage o Looking for blood, hair, and glass - Must then connect the suspect to the vehicle to have the second linkage necessary for a successful prosecution - Proximity - common sense suggests that if it close to the scene it is likely the vehicle but this is not sufficient to convict - need physical evidence - Glass samples in the victim's hair have to be compared to vehicle glass type - Hair/tissue samples found in the glass need to be linked to the victim - Contact evidence between the bike and the car must be established - Ownership of bike - Need to know who was driving - Once the victim has been linked to the vehicle we have to establish evidence that we can later use

What is selection bias?

- Hired guns - People looking for experts to sing the song they want to hear

What is the difference between occurrence and preventability?

- Occurrence = probability of this occurring - Preventability = how easy was it to detect this issue?

What is engineering?

- The systematic, intelligent generation and evaluation of specifications for artifacts whose form and function achieve state objectives and satisfy specified constraints

What is professional bias?

- self interest - Maybe you have patents or published research that contradict your investigation -Expert weighed down by own self-interest -Habitual testimony for one type of litigant -Compromising future revenue streams -Defending years of research, development, patent, product etc... -Safeguarding own credibility

What is noble cause of distortion bias?

-Crusading or cause-motivated experts that believe their testimony is important in helping to achieve a laudable social goal -Believing to be on the side of 'good' -Social utility belief and sense of mission -Unconscious confirmation bias -Corrupt dishonest misconduct influencing conscience

What are the 5 legal expectations of the jury?

1) Capable of understanding the substance of the evidence; 2) Motivated 3) Will apply their respective life experience to interpreting evidence; 4) Will follow the judge's instructions on how the evidence is applied under the law 5) Will collectively render a verdict (guilt or innocence)

In a hip implant fracture: 1) What is failure mode? 2) What are contributing factors?

1) Fatigue fracture - Long term progressive cracking 2) o Manufacturing defect o Patient BMI o Component selection o Installation orientation o Fixation (bone bonding)

What is the process of being an expert witness? 5 steps

1) Oath or Affirmation to tell the truth: experts swear that the evidence given is true 2) Voir Dire to determine status as an expert witness: a trial within a trial 3) Examination in Chief: Crown asks questions 4) Cross examination: Defense asks questions 5)Re-examination

What are the 3 mechanisms of exclusion?

1) prohibited by statute (eg record of criminal convictions of an accused) 2) common law rules of evidence 3) Prohibited by operation of a statute even if not explicitly stated in the statute

What are 4 limitations of expert witness testimony?

1. Absence of scientific studies 2. Differing opinions 3. Lack of consensus 4. Gaps in knowledge

What are the 3 main parts of forensic engineering?

1. Collision reconstruction 2. Fire investigation 3. Product failure

What are 4 ways to measure whether a jury is capable of understanding expert testimony?

1. Comparison to judges 2. Agreement with other experts 3. Juror interviews 4. Jury simulation experiments

What are 4 characteristics of high internal validity studies?

1. Controlled experimental conditions 2. Highly likely you are measuring what you think you are measuring 3. Far removed from the phenomenon of interest 4. Typically done first in a research program

What are the 6 primary causes of failure?

1. Inadequacies in design 2. Incorrect material selection for service conditions 3. Improper method of material processing and/or product fabrication 4. Improper service and operating procedures 5. Inadequate maintenance and inspection 6. Inadequate safety.use, and care instructions

What are the six primary causes of product failure?

1. Inadequacies in design 2. Incorrect material selection for service conditions - Not choosing the right material for what is intended operation 3. Improper methods of materials processing or product fabrication (improper manufacturing) 4. Improper service and operating procedures - User side 5. Inadequate maintenance and inspection 6. Inadequate safety, use, and care instructions

What are 4 factors that are considered during risk analysis?

1. Integrity 2. Reputation 3. Money 4. Psyche

What are 3 characteristics of high external validity studies?

1. Less controlled experimental conditions 2. May be measuring other variables, effects 3. Very representative of the phenomenon of interest (generalizability)

What are the 8 categories of Bias in expert evidence?

1. Selection bias 2. Association bias 3. Professional bias 4. Data bias 5. Hindsight bias 6. Noble cause of distortion bias 7. Expectation bias 8. Confirmation bias

What are 3 behaviours of expert witnesses?

1. Shown no fear 2. Stand your ground; 3. Express your opinions in the face of questioning

What are 10 encouraged behaviours of expert witnesses?

1. Speak clearly 2. Pause between end of question and before answer (allows you to think) 3. Look at the people who are asking you the question and answer them directly 4. Use plain language 5. State the simple answer first (1-2 sentence), followed by detailed answer if requested. 6. Maintain consistency 7. Ask to repeat question if you don't understand 8. Stick with your position unless presented with additional information 9. Always ask the judge for permission 10. Say things like "if I may refer to...."

What are 4 things to do in Crime Scene Management?

1. Start big 2. Use all the resources at your disposal to secure a scene 3. Expand the scene as necessary 4. Only release an area once you have exhausted the investigations in that area

What are 4 components of effective expert witness testimony?

1. The opinion 2. The intellectual path taken to arrive at the opinion 3. An expression of the scientific confidence attached to the opinion 4. Limitations

How does the exact same physical evidence lead to diametrically opposed expert opinions, reports and/or testimony? (5)

1.Area of expertise 2.Scope of retainer (what you've been asked to do) 3.Assumptions 4.Methodology (lawyer focuses primarily on assumptions and methodology) 5.Bias

What is the difference between 1st and 2nd degree murder?

1st degree is planned and deliberate, any other case makes it second degree murder

Explain Jenna's Case?

21 month yr old baby Left wih 14 yr old baby sitter JD JD realized that jenna had stopped breathing and called 911. The hospital emergency noted signs of possible sexual assault and Jenna dies that night Smith says its from 24hrs before and that its moms fault Ms. waudby is charged with 2nd degree murder in september 1997 Prelim in 1988, ms. waudby committed to stand trial

Explain Valin's Case?

4 years old left in the care of her uncle Next morning she was found dead in her bed by mother and uncle was charged The local pathologist suspected that a sexual assault and he ruled that the death ws due to cardiac arrest due to asphyxia, and smith agreed Lockyer wrote to crown law office requesting the slides and tissue samples from this case Smith denied having these slides, but they were found in his office 18 months later Dr. pollanen concluded in his first report on jan 2005 that valin's cause of death was ascertained Four other pathology experts agreed with Pollanen's results On October 19, 2007, Mr. Mullins-Johnson was acquitted. This led to Dr. McLellan's review of Dr. Smith's work on April 2007. (Smith was asked to resign in 2003)

If the present level of significance is 0.05, what is the confidence level?

95%

What is the court of appeal?

A court to which appeals are taken in a federal circuit or a state. You can appeal a verdict again.

What is manslaughter?

A criminal charge where an offender recklessly caused the death of another, or aided in suicide of another, but didn't intend to do it

What is a code of ethics?

A formal/systematic statement of rules, principles, regulations or laws. It is developed by a community or group. Promotes well-being, excludes/punishes any undermining behavior

Explain the R. vs Mohan case history?

A medical doctor was accused of the sexual assault of 4 patients, and an expert witness gave a testimony that the accused did not fit the psychiatric profile of someone who would commit this crime. -Judge found the expert evidence inadmissible. Mohan appeals decision to Ontario Court of Appeal and Crown appeals sentence to Ontario Court of Appeal -Appeal court finds the expert witness testimony is admissible, quashes judgement, orders new trial, Crown's appeal becomes mute -Crown appeals Ontario Court of Appeal judgement to Superior Court of Canada -Superior Court of Canada finds the expert testimony inadmissible, quashes the Ontario Court of Appeal decision and upholds the original judges decision -Justice Sopinka(Superior Court of Canada) "In this appeal we are required to determine under what circumstances expert evidence is admissible to show that character traits of an accused person do not fit the psychological profile of the putative perpetrator of the offences charged. Resolution of this issue involves an examination of the rules relating to expert and character evidence"

What is science?

A method about the physical world--acquired through systematic observation and experimentation, a variety of disciplines employ the scientific method, and hypothesis testing (H0 (null) and Ha(alternative); present level of significance (α); observed level of significance (p-value)

What is an expert witness?

A person who is permitted to testify at a trial because of special knowledge or proficiency in a particular field that is relevant to the case. - Talk about scientific evidence they have uncovered in the lab. They are permitted to offer opinions. One who by experience, study or other training has acquired special or peculiar knowledge/skills

What is Failure Mode and Effects Analysis (FMEA)?

A systematic approach to analyzing the causes and effects of product failures

What is confirmation bias?

A tendency to search for information that supports our preconceptions and to ignore or distort contradictory evidence - Most insidious, subconscious tendency of those desiring a particular outcome to search for supporting evidence and/or ignoring or reinterpreting contradictory information - Often develops from expectation bias - Confirmation bias requires theory, goal, or outcome to generate attraction for bias - Partisan experts altering reports following direct influence by clients, managers, lawyers -"In the world of interpretation, subconsciously we tend to find what we are looking for" -Scientists and engineers favour report findings consistent with their prior beliefs and expertise

What is ethics?

A theory or system of moral values

What is a lay witness?

A witness who can truthfully and accurately testify on a fact in question without having specialized training or knowledge - Talk about what they saw or observed. They testify to bare facts

What are the 4 criteria that must be considered to determine the admissibility of expert evidence?

According to the Supreme Court of Canada, admission of expert evidence depends on the application of the following criteria: (a) relevance; (b) necessity in assisting the trier of fact; (c) the absence of any exclusionary rule; (d) a properly qualified expert.

What is expectation bias?

Anchoring onto initial set of thoughts or theories. - Focus on particular observation or theory provided information during early stages of investigation that prematurely predicts outcome and thus influences methodology and future decisions - Behavioural sciences show that human judgement is powerfully affected by how problems are initially framed since humans are known by nature to.... -Requires experience beyond first engagement with lawyer, which can frame one's thinking and becomes the frame of reference -Inexperienced experts may not recognize when 'relevant facts' are in the eyes of the client or litigator > request all facts be made available, particularly submissions from opponents -Several assignments are required to recognize how to discuss and challenge their client's mandate -Analytical approach must follow conservative methodology and consider all possible factors, even those that initially appear to be unlikely

What is moral relativism?

Being an active agent in the death, outweighs the circumstance, the ends do not justify the means

What is the final step in forensic engineering?

Calculating the fault levels

What is a utilitarian point of view?

Consequences or catching criminals are all that matters. The ends justify the means

What is relevance?

Decided by judge or trier of fact. Before a piece of evidence may be admitted at trial it must be relevant. According to Canadian evidence law, evidence will be relevant if it tends to make the fact in issue more probable than it would be without the proposed piece of evidence.

What is the first phase in an investigation?

Develop a plan

What are 4 discouraged behaviours of expert witnesses?

Do not say: 1) I think 2) Umm or ahh 3) Error, variability, or deficiencies 4) As I stated previously. - always answer question as if it was the first time

What is level 2 of ethics?

Ethical issues at an agency scale? -Unclear ethical guideline -unclear definition of ethical violations -Lack of specific training on unethical situations -Lack of disciplinary agent

What is level 1 of ethics?

Ethical issues at an individual scale. Ex: -Misinterpreting qualifications or creds -Pressured testimony/adrenaline factor -Omitting unfavorable info -Lying about knowledge or planted evidence -Falsifying data or notes -Biased examination

What is level 3 of ethics?

Ethical issues on a global scale. -Treating the "enemy" -Cultural treatment of the deceased -Human subject research -Government pressure/abuse of power

What is the UTM ethics proposal?

Evaluates: 1. Group vulnerability - Physiological/health conditions that may get exacerbated (elderly) - Cognitive/emotional factors (youth) - i.e. subjecting them to abuse; they are not going to understand why you are subjecting them to it 2. Socio-economic/legal status - In some studies, you might be revealing a person is an illegal immigrant - are they going to get deported or get in trouble? 3. Animals / environment - i.e. wanting to shoot bullets into a forest

Why is it important to start big?

Evidence outside the initial scene can be lost if the initial scene does not include the area where the evidence is found

What is association bias?

Expert trying to help the client

What were the 2 main lessons drawn by the commissioner from the history of Dr. Smith's cases?

FIRST: He "lacked basic knowledge about forensic pathology" SECOND: "when Dr. Smith now says he was unaware of what he did not know and how damaging that lack of knowledge would be to the validity of his work, he violated a cardinal rule of scientific expertise, ....The expert must be aware of the limits of his or her expertise, stay within them, and not exaggerate them to the court."

What are the 8 steps of failure analysis and forensic engineering?

Failure analysis: 1. Background research 1 - documenting the incident 2. Background research 2 - documentary evidence - What were the specifications of the product? Test results, drawings 3. Conduct non-destructive and destructive testing 4. Perform simulations of the incident (experimental, theoretical, and exemplars) - Get copies of the same component and use it in testing to show a court what it looks like if...? 5. Determine the mode (the what) and mechanism (the how) of failure - Was it because the temperature was too low? Did someone do something wrong? Etc. Root Cause Failure Analysis: 6. Reconstruct the Incident and Quantify Contributing Factors ('The Why') Forensic engineering: 7. Determination of Cause of Incident ('The Who') 8. Draw Conclusions and Make Recommendations

What are unique situations of ethics in forensic pathology?

Family refusal for autopsy Allow the presence of family or defense FP during an autopsy Retaining organs/tissues Genetic testing Sharing autopsy results with the public Role of PM tissues in a courtroom setting research/teaching & training based on autopsy materials

How many volumes was the goudge inquiry?

Four: 1. summary 2. systematic review 3. policy 4. recommendations, inquiry process)

What ethical research risks exist in experimentation?

General harm that any participant may experience as a result of the study • Clinical diagnoses/side effects • Stress/anxiety • Stigma, loss of employment, deportation, or criminal investigation • Students should also assess any potential risks to themselves as a researcher

What is goudge?

Goudge is a person, every inquest (inquiry) is named after the judge that runs them (Stephen Goudge)

What is the Professional Code of Ethics?

Guidelines of do's and don'ts. Defines a framework for promoting integrity and respect for the scientific process and encouraging a research-based culture.

What are two types of studies?

High internal validity and high external validity

When might the expert evidence be misused in a case?

If it is dressed up in scientific language which the jury does not easily understand and submitted through a witness of impressive antecedents, this evidence is apt to be accepted by the jury as being virtually infallible and as having more weight than it deserves

What is the Trier of Fact?

Judge or Jury: impartial person or the group of individuals who attempt to determine guilty or not guilty

What was the impact of Gauge on expert witnesses?

Judges exercising "gatekeeper" role Why are you an expert? What is your field of expertise? Express science in simple language Clearly state limitations of the scientific testing

What is the problem with DNA testing and sexual assaults?

Just because there is DNA, it does not mean it was consensual

What is Voir Dire?

Known as a trial within a trial. it is a hearing to determine: -The admissibility of evidence -Competency of a witness or juror Qualifications of expert are ruled upon by the court

What is the difference between the law and ethics?

LAW: - Must abide by it - System of rules a particularly country or community recognizes as regulating actions for all members - Usually involves punishment for violations ETHICS: - More of a moral code you should follow - Your own personal code - Theory or system of moral values that is mostly guided by the individual

What is the Mohan test?

Legal case on how you can have experts testify in court

What is necessity?

Necessity in assisting the trier of fact: the function of an expert witness is to provide an opinion about a fact that because of the technical nature the judge and jury are incapable of doing.

Explain the goudge inquiry?

Pediatric pathologist at toronto's hospital for sick children No formal training or certification in forensic pathology (never made attempts to furhter hsi education) Appointed director of the ontario pediatric forensic pathology unit because no one wanted the job and he was a workaholic taking on everything He became viewed as one of the foremost experts and was approached for consultation In 1990 concerns over his professional competence began, but his superiors (James Young and James Cairns) did nothing 14 years later in 2005, Dr. Barry McLellan became the newly appointed chief coroner of ontario He called a full review into Dr. Smith's work pertaining to criminal cases Five highly respected forensic pathologists reviewed the conclusioons reached by Dr. smith in order to ensure that these conclusions were reasonably supported by the materials available 45 cases were examined In 20 cases, reviewers took issue with smith's opinion in either his report or his testimony or both, 12 of these cases resulted in guilt - 6 days later on April 25 2007 According to the inquiry Dr. Smith's failings in the courtroom are as follows: -He failed to understand that his role as an expert should have been neutral, not to support the crown. -He failed to prepare adequately for court. -Rather than acknowledge the limits of his expertise, he would overstate his knowledge in a particular area. -He would criticize other professionals. -Sometimes he gave unscientific evidence by resorting to his own experiences as a parent. -He failed to acknowledge the existence of a possible controversy when presenting evidence. -He would use language that was loose and unscientific i.e."if he were a betting man, he would say that the child's death was non-accidental".

What is covert surveillance?

People don't know they're being surveyed (from a far) Ex: Hidden camera

What is overt surveillance?

People know they are being surveyed (because surveyor is with surveyee) Ex: video camera in plain sight

What is the crown attorney?

Prosecute criminal offences

Explain Amber's Case?

SM was her 12 yr old baby sitter According to SM, Amber fell down 5 carpeted stairs in family home Amber was air lifted to SickKids, had a subdural hematoma removed and died 2 days later Dr. Smith's examinations and conclusion were that Amber was shaken to death and no way a fall lke the one reported could account for her death SM was charged with manslaughter Defense called 10 experts and all agreed that in rare circumstances low level falls could cayse serious head injury Justice Dunn rejected smith's testimony SM's father went on to file a complaint to CPS

What can science not prove?

Science can never prove anything. Rather by falsifying the Hypothesis Alternative (HA), one increases the confidence maintaining the current paradigm

What was the purpose of the goudge inquiry?

Systematic review and assessment of the way pediatric forensic pathology was practiced and overseen in Ontario

What are the two sides of the Canadian legal system?

The Adversarial System and the Trier of Fact

What is a properly qualified expert?

The expert must be shown to have acquired knowledge of the area in question through study, research, or experience

The four F's of engineering?

The goal of an engineered structure is to deliver the desired FIT, FORM and FUNCTION. It is the purpose of engineering to postpone FAILURE of a structure for a safe time interval

What is forensic engineering?

The investigation of artefacts that fail or do not function as intended, causing personal injury and/or monetary loss, the consequences of which are dealt with in a court of law.

Who must approve an expert witness, and what other alternatives are there if the expert witness is denied?

The judge must approve an expert witness. - if you call an expert, you must have a trial within a trial to justify it, uses the mohan test If the expert witness is denied, civilians can still testify and give their opinion, they just aren't witnesses. Ex: in the rape and murder case, a phone call was made reporting the crime. The prosecution had an audio recording of the phone call and wanted to perform a voice analysis to match it with the suspect. This was denied because the tape was from 1991 and it wasn't good enough quality. But although the expert waS denied, the prosecution was still able to call friends and family to the stand to ask them whether they thought the voice recording was from the suspect.

What does the Ontario court of justice do?

The preliminary hearing - Demonstrate there is enough evidence to proceed - Needs Voire Dire to show that the expert is necessary, relevant, properly qualified - Can do this through the Mohan Test

What was the result of the death of frank groves?

The result: Frank Groves was killed by Jeffrey Campbell while he was biking and Campbell ran him over with a car for fun and left him to die in the road. During the course of the investigation evidence was obtained that linked campbell to no less than 30 serious criminal charges. These ranged from trafficking narcotics, to robberies, firearms violations and physical assaults 331 days after the death of frank groves, campbell was arrested and charged with 2nd degree murder April 26th 2000 campbell was arrested without incident for the murder of frank groves. He was interviewed for 13 hours and did not confess to any crime. He was charged with 2nd degree murder and designated as a dangerous offender.

In the murder and rape case, why was the voice analysis dismissed?

The voice analysis was not reliable because the tape from 1991 wasn't good enough quality.

How is science probabilistic in nature?

There is always the possibility that the significant result of an experiment was due to chance

What is the defence counsel?

They advise the accused

What happens when a jury is hung?

They could not be unanimous (fully in agreement), it resulted in a mistrial

When was the goudge inquiry released?

This particular case was released on september 3 2008

What is the adversarial system?

Two parties, each advocate for their party -Crown attorney: Prosecute criminal offences -Defence counsel: Advises accused

When do you reject then null hypothesis (HO)?

When p-value is less than the significant level

What is hindsight bias?

When the preventable outcome is greater than the defence -Defendants will be judged as being capable of preventing the bad outcome (e.g. "The pedestrian should have seen my vehicle and not stepped on to the roadway.") -Defense is particularly susceptible as their actions are being scrutinized by jury (e.g. "The manufacturer should have anticipated the user's behaviour and prevented the product failure.")

What happens if you are a dangerous offender?

You will be sentenced into an indeterminate period of incarceration (FOREVER). In order to be convicted, it has to be a serious personal injury offense, which means an indictable offence, other than high treason, treason, first degree murder or second degree murder. Also a pattern of repeated serious violent behaviour.

What is Forensic Engineering?

]The investigation of artifacts that fail or do not operate or function as intended, causing personal injury and/or monetary loss

What is homicide?

a person commits homicide when, directly or indirectly, by any means, they cause the death of a human being. It can be culpable or not culpable (deserving blame)

What is voir dire?

a preliminary examination of a witness or a juror by a judge or counsel.

What is CFN?

contributing factor number - a bigger number means its more dominant; formula for this is CFN= Severity x Occurrence x Preventability