Forensics Final
What is the value of the illegal wildlife trade (why does it persist)?
$23 billion annually
In federal courts, expert witness testimony is governed by which section of the FRE?
Article VII
What two types of bear are held captive to source bile? How is the bile collected from these captive bears?
Asiatic black bears Sun bears
Biometric matching (verification)
Biometric systems are capable of identifying someone out of a crowd by scanning select biometric characteristics into a database.
What is the definition of Quality Control (QC)? What procedures and techniques should be part of a laboratory's QC system?
The operational techniques and activities that are used to fulfill requirements for quality Some Procedures and techniques include: 1) Instrument calibration 2) Instrument maintenance 3) Proficiency testing 4) Competency testing 5) Method validation
What does Rule 26 of the Federal Rules of Civil Procedure refer to?
The report must be shared with all other parties, this will allow for other parties to effectively cross-examine the expert during trial proceedings.
Explain what is meant by the phrase "bad data is worse than no data" in case files
This means that even if the data that was collected is not good it is better to have no data then to bring the bad data. The bad data can steer the jury in the wrong direction, or the opposing side can use the bad data against you in a court case. So it is better to have no data at all than having better data
What is "dry labbing"? Provide examples of how this is done, and why it is detrimental to forensic casework.
When research or analysis is claimed to be done, but in reality the conclusions are guessed at or copied from other sources without actually doing any analysis. -It is detrimental because it can lead to a lot of problems within the case, and can cause for a guilty person to walk free or an innocent person to be sent to prision.
How is Quality Assurance (QA) defined as it pertains to forensic lab operations?
the planned and systematic actions necessary to provide adequate confidence that a product or service will satisfy given requirements for quality
Violation of Professional Ethics: Interpretation of Data and Testimony during trial
• Bias (conscious vs. unconscious) • Use of language (scientific vs. lay terminology) • Overstating probative value of evidence • Deceptive test results • Insufficient explanation
Violation of Professional ethics: Public Labs
• Do forensic scientists employed by public (government) institutions really have autonomy? • Who do they really work for?
Name the seven (7) federal U.S. crime laboratories
• FBI (Federal Bureau of Investigation) • DEA (Drug Enforcement Administration) • ATF (Bureau of Alcohol, Tobacco, Firearms, & Explosives) • USPS (United States Postal Service) • U.S. Fish & Wildlife Service • Department of Homeland Security • U.S. Department of the Treasury
Violation of Professional Ethics: Laboratory Procedures
• Insufficient analyses •Incomplete analyses • Not following protocol • Skipping portions of protocols • Chain of custody issues • "Dry-labbing"
For what three (3) reasons do forensic laboratories participate in proficiency testing programs?
• Obtain an objective assessment of the reliability of their testing • Monitor and improve the quality of their testing • Comply with accreditation program requirements
Violation of Professional Ethics: Professional obligations, maintenance of skills
• Up-to-date on recent advances in technology • Continuing education • Competency and proficiency testing
What is a laboratory's Quality Management System (QMS) and what does it consist of?
Consists of the policies, procedures, resources, and organizational structure that controls how the forensic science lab will test evidence and interpret results
What is the difference between a developmental validation and an internal validation?
Developmental Validation: Demonstration of the accuracy, precisions, and reproducibility of a procedure by the manufacturer, technical organization, academic institution Internal Validation: Is conducted by each forensic testing laboratory and is the "in-house" demonstration of procedure's reliability and limitations
What is bile and where in the body is it produced?
It is excreted by liver, and stored in the gallbladder
Is accreditation mandatory for forensic laboratories? Why or why not?
It is very mandatory for forensic laboratories. Making sure that each lab is following all the rules and regulations take part in making sure that the evidence does not get tampered with or destroyed.
PCAST
President's Council of Advisors on Science and Technology
What is wildlife trafficking?
Ranges from local illegal poaching or harvesting to highly organized international criminal networks
What is proficiency testing and why is it important in forensic casework operations?
is a powerful quality control operation that is based on testing known samples/materials (e.g., from a manufacturer) and comparing the results to 1) results obtained by the manufacturer and 2) results obtained by other labs.
Forensic DNA Phenotyping
prediction of appearance traits of unknown sample donors based upon DNA samples
What was was "The Golden State Killer"
-California -1974-1986
What are the four (4) levels of organization for the approximately 400 public crime labs that exist throughout the U.S.?
-City -County -State -National
Physiological Biometrics (examples)
-Facial scanning -Fingerprint Scanning -Eye Scanning -hand Scanning
What does ISO stand for? Name the specific set of ISO standards used by ANAB to evaluate the technical competence of a forensic laboratory.
-International Organization for Standardization -17025 is the standard for which most labs must hold accreditation in order to be deemed technically competent.
The future of Forensic Science: New Applications and Emerging Technologies
-More info from fingerprints -Biometrics and facial recognition -forensic DNA phenotyping -Familial DNA searching -Human microbiomes -Necrobiomes, soil microbiomes -virtual autopsy
What is instrument calibration and why is it important? Provide examples as part of your discussion
-Refers to the procedures used to determine and verify the performance parameters of an instrument. -Example: Calibration of analytical balances using reference standard masses
Define wildlife crime. What are the four (4) negative consequences of wildlife crime?
Can lead to the depletion of natural resources, invasion of pest species, a reduction in animal populations, and transmission of diseases.
What is wildlife and veterinary forensics? What does it entail?
The application of science and forensic techniques to the investigation of crimes involving animals. May involve testing of an animal's body, body parts, or products derived from an animal's tissue/organs.
Biometrics
an automated way to establish the identity of a person on the basis of his/her physical and/or behavioral characteristics
CSI Effect
has resulted in overzealous collecting of evidence from crime scenes and subsequent analysis on a very large number of items per case
What is competency testing and why is it important in forensic casework operations? How does it differ from proficiency testing?
the knowledge, skills, and abilities required by testing, managerial, and support personnel to ensure the competency of the laboratory
Violations of Professional ethics: Private labs
• Who governs their ethics? • Greater/less risk of inappropriate actions? • Private consulting (conflict of interest?)
Violation of Professional Ethics: Professional Credentials
•Misrepresentation of credentials •Misrepresentation of certifications •Misrepresentation of licensures •Misrepresentation of education •Misrepresentation of employment •Misrepresentation of testimony experience
What is ASCLD? What does ASCLD stand for?
-American Society of Crim Lab Directors -A nonprofit professional society of crime laboratory directors and forensic science managers dedicated to providing excellence in forensic science through leadership and innovation. It is not an accrediting body.
Where is the only forensic lab dedicated solely to investigating wildlife crime located? Year formed? What is the name of this laboratory?
-Ashland, Oregon -1986 -U.S. National Fish and Wildlife Forensic Laboratory
What are the benefits of using an accredited forensic laboratory to process evidence?
-Assesses a forensic lab's capacity to accurately generate and interpret results in a particular forensic discipline. -Helps ensure ongoing with industry and scientific standards -Increases the quality of work and can reduce the likelihood of errors.
What is CITES and what is the purpose of this organization?
-Convention on International trade in Endangered Species of Wild Fauna and Flora -The purpose of this organization was to get 80 countries to formally agree to enforce each other's endangered, threatened, and protected species laws
Define and discuss secondary DNA transfer. Why is it problematic in criminal casework?
-Could falsely link a person to a crime-Can introduce extraneous DNA to the scene-Could lead analysts to falsely conclude that DNA left on an object is due to direct contact
What are some of the common controversies surrounding services offered by private crime labs?
-Criminal defendants frequently have no access to public forensic services and must often rely on private laboratories to analyze their evidence. -Most jurisdictions have some provisions for providing indigent defendants with funds to obtain forensic science services.
Do courts normally allow witnesses to testify based on their own opinions or analysis? What component of the Federal Rules of Evidence (FRE) addresses this? What is the exception to this particular FRE?
-FRE 602 -The exception to this particular FRE is made for expert witnesses, who are permitted to testify about matters within their field of expertise
What are some of the common controversies surrounding the organization and affiliation of public crime labs?
-Increasing complexity of evidence and greater demands -Increasing use of scientific evidence in courts = more scrutiny on testing procedures, higher expectations -Due to the fact that criminal investigators and detectives have unfettered access to the lab's facilities and testing there has been concerns about tampering of evidence or biased results in favor of the prosecution.
What is disclosure as it refers to the legal system? What are the three (3) stages of disclosure?
-It requires parties to automatically share routine evidentiary information that would otherwise be available during discovery. -First stage is that each party must disclose basic information about each witness the party plans to call and copies of documents and things supporting that party's claims or defenses -Second stage is in the pre-trial process where each party must disclose the identity and qualifications of their expert witness. They must also give the other parties a summary of their expert witnesses' reasoning and conclusions regarding the case. -The third stage is before the trial when each party must disclose what evidence they plan to use at trial. This will allow the courts to address evidentiary objections before trial.
Discuss the variety of ways in which private crime labs differ from public crime labs.
-Private crime labs are not funded by local or federal governments because they are run by private business owners or corporations -Private crime labs often process evidence for the defense.
Discuss traditional Chinese medicine and how it contributes to the illegal wildlife trade
-Rhino horns have been used in Chinese medicine for more than 2,000 years and is used to treat fever, rheumatism, gout, and other disorders. The horn could also cure snakebites, hallucinations, typhoid, headaches, carbuncles, vomiting, food poisoning, and "devil possession". -This contributes to illegal wildlife trade becasue the poaching of rhinos have increased greatly since 2008.
For what reasons can an expert witness be disqualified from testifying in a trial?
-Substantive reasons- if the science behind the expert opinion is considered novel and untested - May occur becasue of a true or perceived "conflict-of-interest"- if the expert has been previously employed by of hired as an expert for the opposing party.
What are "personal ethics" as it relates to being a forensic scientist?
-The concerns a forensic scientist has, that are based on personal ethics or religious considerations which are not derived from professional and/or scientific training -Concerns that personal prejudices or past experiences may influence the professional or scientific role.
What is a pre-trial Daubert hearing, and what is involved in this type of hearing?
-The judges determines the credibility of expert witnesses in this pre-trial -All experts must prepare a report summarizing their analysis and conclusions.
What is voir dire and what is its purpose? What is involved in the voir dire process?
-The process varies by jurisdiction, but generally occurs during trial. -Occurs during the trial, in front of the jury -It centers on whether the expert is qualified to testify as to the subject matter at hand. -The process includes the direct examination of an expert witness where the expert testifies to his educational background, work experience, training, and other qualifications. then the opposing counsel gets the opportunity to question the expert. Then once the court rules that a witness is qualified to testify as an expert, direct examination can continue. -Also used to determine if any juror is biased and/or cannot deal with issues fairly, or if there is cause not to allow a juror to serve.
The value of forensic science's contribution to justice relies on what three (3) things?
-The reliability of tests conducted in the lab -The validity and accuracy of the interpretation of results -The manner in which the latter are conveyed to investigators and the court.
Why is bear bile important for practitioners of traditional Chinese medicine?
-This acid can cure a variety of ailments such as fevers, gallstones, liver problems, heart disease.
Behavioral Biometrics (examples)
-Voice Recognition -Gait Recognition -Handwriting
What is the purpose of ASCLD?
1) Assist in the development of laboratory management principles and techniques 2) Acquire, preserve, and disseminate forensic-based information 3) Maintain and improve communications among crime laboratory directors 4) Promote, encourage, and maintain the highest standards of practice in the field
Assuring quality in a crime lab requires having a system in place to ensure that high quality and objective work is being performed. What three (3) factors contribute collectively to crime lab quality?
1) Laboratory accreditation 2) Quality assurance 3) Quality control
Discuss and be familiar with the two main sections of the ISO 17025 standards
1) Management Requirements- Primarily related to the operation and effectiveness of the laboratory's quality management system 2) Technical Requirements- Includes factors that determine the correctness and reliability of tests, and calibrations preformed but the lab
Which aspects of a forensic laboratory can impact quality and therefore must be part of the "planned and systematic actions" of QA?
1) Personnel 2) Environment 3) Equipment and reagents 4) Test procedures 5) Sample integrity 6) Records and documents 7) Quality control operations
List the six (6) areas of professional ethics for forensic scientists?
1) Professional Credentials 2) Laboratory Procedures 3) Interpretation of Data and Testimony during trial 4) Privately Employed Forensic Scientists 5) Publicly Employed Forensic Scientists 6) Professional Obligations and Maintenance of Skills
What are some of the common scientific and investigative questions asked in wildlife crime investigations?
1) What species of animal is involved? 2) What is the geographic origin of a specimen? 3) What is the wild or captive/cultivated source of a specimen?
An independent accrediting body assesses and monitors the quality of a lab's management system by examining what four (4) primary factors?
1) staff competence 2) validation of methods 3) appropriateness of testing methods 4) calibration and maintenance of equipment
What does maintenance of laboratory equipment entail? Are maintenance and calibration the same thing? Explain
A planned series of activities to clean and calibrate instruments to ensure that they are operating to specification. This is the opposite of the popular dictum: "If it ain'tbroke, don't fix it." Maintenance is performed routinely to prevent breakdown. Examples include 1) Cleaning (e.g. lenses, mirrors) 2) Lubrication of moving parts 3) Calibration (e.g., to "known" standards) 4) Performance checks (with "known" samples)
Define accreditation as it pertains to forensic laboratory operations
A process in which an external review is performed on a laboratory to verify that the lab's operations and procedures are in accordance with a set of defined standards or requirements.
What is the name of the organization that provides accreditation for forensic laboratories? What do the acronyms for this organization stand for?
ANAB- ANSI (American National Standards Institute) National Accreditation Board
What is the active ingredient in bear bile that is purported to cure a variety of ailments (according to traditional Chinese medicine)?
Active ingredient in bear bile is ursodeoxycholic acid.
Biometric Identification
An application of biometrics that relates to access control
Discuss the various forms of wildlife crime.
Can take forms: Trafficking live animals, out-of-season hunting, cruelty to animals, habitat destruction, poaching.
Does ASCLD provide accreditation to forensic laboratories?
No it does not
