FORENSICS: Chp 1 Review

Difference between misdemeanors and felonies

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

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.

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 federal rules of evidence and 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 non=scientists or those who are not experts.

The comparison microscope became an indispensable tool of firearms examination through the efforts of _______.

Goddard

The application of science to criminal investigation was advocated by the Austrian magistrate __________

Gross

The first forensic laboratory in the U.S was created in 1923 by the ______ police department.

LA

The Italian scientist _________ devised the first workable procedure for typing dried bloodstains.

Lattes

One of the first functional crime laboratories was formed in Lyons, France, under the direction of ________.

Locard

The transfer of evidence expected to occur when two objected come in contact with one another was a concept first advocated by the forensic scientist _________.

Locard

A crime that is extremly traumatic could be hard to recall Time of day and where the crime took place Time of observation could affect on the accuracy of the memory

Three facts that might affect a person's ability to remember what happened during a crime or to identify a suspect

Could establish key elements of a crime Link a suspect with a crime scene or a victim Establish the identity of a victim or suspect

Three ways investigators use evidence collected at a crime scene

The ability of the investigator to recognize and collect crime-scene evidence properly depends on the amount of ________ received from the crime laboratory.

Training

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

Training and experience.

Who is credited with discovering the structure of DNA?

Watson and Crick

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

When the person is not going to be questioned.

nolo

______ contendre

accomplice

a person associated with suspect that may have committed a crime

suspect

a person that may have committed a crime

felony

a serious crime

USPS

agency that investigates mail fraud

secondary

an alternate crime scene where additional evidence of a crime may be found

The examination of blood, hairs, fibers, and botanical materials is conducted in the ______ until of a crime laboratory.

biological

What did Bertillon use to identify people with?

body measurements

fingerprints

can be classified as arches, loops, or whorls

common

case or ______ law?

CODIS

combined DNA Index System used by law enforcement to identify DNA samples from a crime scene

primary

crime scene that is the original location of a crime or accident

Medical Examiner

determines the preliminary cause of death at the crime scene and conducts the autopsy

CSI Unit

documents the crime scene in detail and collects any physical evidence

The increasing demand for ____ analyses has been the single most important factor in the recent expansion of crime laboratory services in the U.S

drug and DNA

physical

evidence found a a crime scene in the form of an object

testimonial

evidence that includes eyewitness accounts of an accident or crime

probative

evidence that proves something

DEA

federal agency dealing with drugs

A decentralized system of crime laboratories currently exists in the U.S under the auspices of various government agencies at the _______, ______, _______, and _______ levels of government.

federal, state, county, and municipal

Interview, Examine, Document, Process

four steps used to analyze a crime scene

District Attorney

helps to determine if any search warrants are required to proceed and obtains those warrants from a judge

arson

intentionally setting a fire to cause damage or to destroy evidence of another crime

Detectives

interviews witnesses and works with the CSI unit to investigate the crime

process

last step in analyzing a crime scene where evidence is located

earliest known use of blood splatter evidence

late 1800s - early 1900s

case

law based on opinions and precedents

stagutory

legislative acts prohibition something

FBI

major U.S. law enforcement agency

Specialists

may be called in if an expert is needed to analyze insect evidence or skeletal remains

bail

money to guarantee court appearance

locard

originator of the rule that evidence is always exchanges in an encounter

When was science first used to help solve crimes?

probably as early as 212 BC when Archimedes determined the king's crown was not made of pure gold

junk

psuedoscience

In contrast tot he U.S, Britain's crime laboratory system is characterized by a national system of _________ boundaries.

regional

daubert

revision of the frye standard

hearsay

secondhand testimony not admissible in criminal court

FACES

software program used to create facial composites using information from eyewitnesses

alibi

statement of where a suspect was at the time of a crime

AFIS was established by _____?

the FBI

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

the General's false teeth, which were made by Revere

interview

the first step in analyzing a crime scene; used to determine the nature of the crime, possible suspects, eyewitness accounts, etc.

pathology

the study of cause of death

ballistics

the study of projectiles, especially with regard to firearms

Forensic odontology

the study of teeth and bite marks

The examination of body fluids and organs for drugs and poisons is the function of the ____________ unit.

toxicology

The application of science of chemistry, physics, and geology to the identification and comparison of crime scene evidence is the function of the ___________ unit of a crime laboratory.

trace evidence

DNA

type of evidence found in blood, body fluids, and tissues that contains genetic information. FBI considers the most valuable evidence

grand

type of jury with more than twelve jurors

criminal

type of law that excludes hearsay

civil

type of noncriminal law

police officers

usually the first to arrive at a crime scene; responsible for securing the scene and detaining persons of interest

Locard principle

whenever 2 objects come into contact, there's always a transfer of material

miranda

your rights as defined in a famous 1966 law case

Federal Rules of Evidence were enacted when?

1975

__________ is responsible for developing the first statistical study proving the uniqueness of fingerprints.

Galton

frye

"general acceptance" standard

Difference between infractions and violations

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

Name 6 types of laws in the US

-Criminal Law -Civil Law -Constitutional Law Based on U.S. and State constitutions -Administrative Law -Statutory Law, -International Law

Name 5 rights from the Bill of Rights

1- Press Assembly Petition Expression/Speech Religion (PAPER) 2- right to bear arms, state has right to militia 3- don't have to quarter soldiers in peacetime 4- right to privacy, need search warrant and probable cause 5- legal procedure (grand jury, due process, lawyer) 6- the right to a speedy and public trail 7- certain civil cases get a jury 8- no excessive bails or fines, no cruel or unusual punishment

Steps in scientific method that are used in forensics

1. Observe a problem or questioned evidence and collect objective data. 2. State a hypothesis or possible solution to the problem. 3. Examine, test, and analyze to support or refute the hypothesis. 4. Use deductive reasoning to determine the significance of the evidence. 5. Evaluate and verify.

When was the FBI established?

1908

Other areas of expertise that forensic scientists consult with

Anthropology, psychiatry, odontology, engineering, computer technology, pathology, geology, environmental science, entomology, palynology, polygraphy, voiceprint analysis

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

Any type, both civil and 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.

A system of personal identification using a series of body measurements was first devised by _______.

Bertillon

The _____ unit dispatches trained personnel to the scene of a crime to retrieve evidence for laboratory examination.

CSI

The state of _____ is an excellent example of a geographical area in the U.S that has created a system of integrated regional and satellite laboratories.

California

Differences between civil and criminal cases

Civil cases involve disputes between individuals, government, organizations, or businesses; the case has to be initiated by one side. Civil cases 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, and/or incarceration. Both civil and criminal cases may be heard before a jury.

A Florida state case that exemplifies the flexibility and wide discretion that the trial judge has in matters of scientific inquiry is __________________. Landmark case: Judge allowed the use of data from a test specifically created for the case presented to the coroner. That the use of Succinylcholine Chloride was used to kill the victim. Defense stated that it was to new and lacked factual data.

Coppolino vs. State

What type of evidence does the FBI consider to be the most valuable?

DNA

In the case of ________, the Supreme court ruled that in assessing the admissibility of new and unique scientific tests the trail judge did not have to rely solely on the concept of "general acceptance".

Daubert vs. Merrell Dowe Pharmaceuticals, Inc

A(n) ________ is a person who can demonstrate a particular skill or has knowledge in a trade or profession that will help the court determine the truth of the matter at issue.

Expert

Four important federal agencies offering forensic services are ______, ______, ______, and _______.

FBI, DEA, ATF, USPS

The examination of bullets, cartridge cases, shot gun shells, and ammunition of all types is the responsibility of the ________ unit.

Firearms

The application of science to law describes

Forensics

Describe the case that the Frye standard was based on.

Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), a case discussing the admissibility of polygraph test as evidence. The Court in Frye held that expert testimony must be based on scientific methods that are sufficiently established and accepted

The "general acceptance" principle, which severs as a criterion for the judicial admissibility of scientific evidence, was set forth in the case of ____.

Frye vs. U.S.

Why is hearsay inadmissible in court

Hearsay is what might be called "second-hand" evidence. It usually involves a witness testifying not about what he or she personally saw or heard, but to establish as a fact something someone else told the witness. Hearsay evidence is generally not admissible because it may place crucial evidence before the court without allowing the other side to confront the person who is being quoted to challenge the accuracy of the statement or the credibility of the person who made it.

The fictional exploits ______ excited the imagination of an emerging generation of forensic scientists and criminal investigators.

Holmes

Why should evidence be material?

If it is not relevant or significant, it is useless.

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

In the United States, junk science is any scientific data, research, or analysis considered to be spurious or fraudulent. 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.

Why should evidence be probative?

It must prove a point; otherwise it is useless.

Early efforts at applying scientific principles to document examination are associated with ________.

Osborne

4 departments commonly found in a crime lab

Physical science, biology, ballistics, document examination

The testimony of an expert witness incorporates his or her personal opinion relating to a matter he or she has either studied or examined.

TRUE

Describe the Daubert case.

The Frye rule was reviewed by the U.S. Supreme Court in the Daubert case. [Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993) .] This was a case brought by two children born with birth defects that they claimed were caused by an anti- nausea drug, Bendectin. The only such drug approved by the FDA (Food and Drug Administration) for pregnant women, it had been given to more than 17,500,000 women before being taken off the market. Plaintiffs' attorneys argued that thousands of children were born with birth defects to mothers who had taken Bendectin and this proved that Bendectin caused birth defects. Although extensive studies had not shown Bendectin to have any teratogenic effects, plaintiffs had "experts" who disagreed with these studies, based on their own unpublished and unreviewed work. Using these experts, plaintiffs had filed many cases against the manufacturer, Merrell Dow Pharmaceuticals.

Explain the major differences between the Frye standard and the Daubert ruling when dealing with physical evidence and 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 and 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 (5) guidelines: The technique must be testable, be subject to peer review, have a stated rate of error, follow standards, and have widespread acceptance.