Chap 24: Legal Aspects of Forensic Science

Yes. It proves that you are an expect witness by providing the evidence. Also, it helps the attorney/jury understand what was done in the case and basically "teach" them the science used in the case. If you reject, you may be charged with being disrespectful or beneath the court.

Do you have to respond to a subpoena?

Forensic lab reports does not include things like tables, charts, or graphs. It only has the analysis, interpretation, and conclusions. So, it is less complicated than scientific papers.

How do forensic science lab casework reports differ from scientific papers?

Anything that will help prove or disprove a material fact. It helps the judge or jury reach conclusions about the guilt or innocence of the defendant.

How is evidence defined?

1. Always tell the truth 2. Be consistant with your statements 3. Refer to your documents

List 3 things you should do when you testify.

1. Don't argue with the questioner 2. Don't volunteer information 3. Never get angry 4. Don't volunteer hearsay: "well, all the other examiners in my Unit say..."

List 4 things you should not do when you testify.

No, b/c many questions cannot be answered accurately with only "yes" or "no". They require a bit more detail and is needed so the question does not seem misleading.

Should you answers questions with only "yes" or "no"?

Before a new scientific technique can be used in court, it must be generally accepted within the particular scientific field it belongs.

The judge in United States v. Frye issued an opinion that affected the admissibly of scientific evidence. What was the substance of his opinion?

A preliminary examination to determine the competency of a witness or juror. Basically, if they are good enough to testify.

What does voir dire mean? When is it used? What purpose does it fulfill?

A meeting that occurs before a trial action begins. These are generally attended by the plaintiff, defendant, the judge, the lawyers, and sometimes other parties. Pretrial hearings aim to resolve some of the legal issues before the trial begins. At the pretrial conference, a defendant is entitled to review a copy of the complaint, any written police reports or any other evidence that the State intends to use at the trial.

What is a pretrial conference?

Someone who knows more about a topic than the average person does.

What is an expert witness?

An expert is someone who has more knowledge in a certain field related to the evidence and thus can provide opinions on said evidence. The judge or jury decides if that person is an expert by a process called voir dire.

What is an expert? Who decides if a witness is an expert? How is it done?

Direct evidence proves or disproves a fact directly. The most commonly-known type of direct evidence is eyewitness testimony, where a witness describes exactly what she saw, heard, or experienced. Circumstantial evidence (indirect evidence) is evidence that does not point directly to a fact. Instead, an inference must be made that links the circumstantial evidence to the accuser.

What is the difference b/w direct and indirect evidence?

The amendment states the people have the right to secure in their persons, houses, and papers. Therefore, it prohibits unreasonable searches and warrants. If the evidence collected goes against this amendment (b/c a search warrant was not obtained), that evidence cannot be used in court.

What parts of the 4th Amendment affect evidence and how?

The amendment states that no person should be compelled in any case to be a witness against himself. So basically, self-incrimination is not allowed. In terms of evidence, a person cannot have his stomach pumped for illicit drugs that can be used to convict him. This is due to the Due Process Clause.

What parts of the 5th Amendment affect evidence? How?

Responsibilities: 1. Required to show up to court 2. Needs to be qualified in the area the evidence is in 3. Required to set out all material instructions in his expert report 4. Expert witness must not be biased towards the party responsible for paying his fee. In providing a written report and oral evidence the expert should be truthful as to fact, thorough in technical reasoning, provide his honest opinion and ensure that the report is complete in its coverage of relevant matters. Privileges: 1. Attorney-client privilege - preserves the confidentiality of communications between lawyers and clients

What privileges and responsibilities does an expert witness have that make him different from a non-expert (lay) witness?

All the evidence analysis, interpretation, and conclusions that took place in the lab. Certificate of Analysis report is less scientific and only includes who submitted the evidence and what was received by the lab.

What should be included in a report?

The judge or jury whom determine the facts or actualities of a case or controversy (who determines what really happened).

Who is a trier-of-fact?

He was on trial for murder and sought to have a machine (the forerunner of the polygraph machine) used as part of his defense to prove his innocence.

Who was James Frye? What was he accused of? what did he try and do in his defense?

Expert testimony is based on the opinion of the evidence or situations that fall within their expertise. They did not have direct experience with the crime.

Why do some people describe all expert testimony as being opinion testimony?

The analysis done in the crime lab involves analyzing the evidence so that examiner will be able to provide expert opinion in court.

Why is the practice of forensic science in crime labs considered to be part of the criminal investigation process?