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Unit 1 Honors Forensic Science

Terms in this set (45)

Statutory Law
A law that is on the books as enacted by a government body or agency having power to makes laws (Congress) based on the constitution (i.e. speed limits)
Common Law (Case Law)
Laws made by judges- (Refer to past decisions by judges and follow their lead)
Precedents
Decisions made in previous cases or superior courts that are used as a basis later to justify decisions in similar cases
Civil Law
Law that deals with non-criminal suits brought to protect or preserve civil or private rights or matters
Criminal Law
Regulation and enforcement of rights: sets the acceptable limits of conduct in society; concerned with offenses against an individual that are deemed offensive to society
Equity Law
Remedial or preventive law
Administrative law
Rules and laws established by agencies such as the Internal revenue service the Food and Drug Administration or the military
Misdemeanor
Minor crime such as theft, minor assault, and battery, possession of small of illegal drugs
Felony
Major crime: murder, rape, armed robbery, serious assault, dealing illegal drugs, fraud, auto theft, forgery
Punishment (sentences):
Large fines imposed
Required community service
Probation
Incarceration (jail/prison)
Life imprisonment
Death penalty
Rights as a Citizen of the United States
Presumed to be innocent until proven guilty.
Be Free from illegal search and seizure of property. (4th Amendment)
Probable cause needed for arrest. (4th Amendment)
Not incriminate or testify against him/her. (5th Amendment)
Be fairly questioned by the authorities.
Protection from physical harm throughout the judicial process (8th Amendment)
Have an attorney present (6th Amendment)
Trial by jury of peers (6th amendment)
Know the charges being brought against you
Right to cross examine witnesses and to present witnesses on your behalf
Not be tried twice for the same crime (double jeopardy) 5th Amendment
Be free from cruel and unusual punishment (8th amendment)
Right to due process (5th Amendment)
Right to a speedy trial (6th Amendment)
Not require excessive bail or fines (8th Amendment)
Treated fairly and the same as anyone else.
The USA PATRIOT ACT:
Acronym for:
Uniting and Strengthening America
Provided:
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Expired:
June 1, 2015
How was the USA PATRIOT act applied to the Boston Marathon bombing case?
They used it to "predict" another attack.
What are some of the key points you took away from Andro Vos's talk...
Your privacy is gone when you're involved in a police investigation
Soft evidence is sensory based, not factual in nature
Hard evidence is the pieces of evidence in the sense
Protect the scene - Digitize
Violent crime

Property crime

Crimes Against Morality

Crimes Against Public Order

Crimes against Government

Hate Crime

Organized Crime

White Collar Crime

Occupational Crime

Victimless Crime

High Tech Crime
Murder, rape, threats, violence

Staling, trespassing, arson

Prostitution, slavery, kid porn

Disorderly conduct, threats to safty

Genocide, torture, brutality, civil rights

Bias, prejudice, discrimination

Money laundering, dealing drugs etc

Deception, illegal gain of $$ ponzi

Misuse of capacities; opportunism

Addiction, illegal exchange of good

Fraud, illicit computer use, blackmail
State the Miranda Warning:
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 talk to a lawyer and have him present with you where you are being questioned
If you cannot afford to hire a lawyer, one will be appointed to represent you before ant questioning if you wish
You can decide at any time to exercise these rights and not answer any questions or make any statements
In what situations are Miranda warnings not required:
When an officer asks no questions
During general on the scene questioning
When a statement is volunteered
When asking a suspect routine identification questions
Questioning witnesses who are not suspects
Stop-and-frisk cases
When asking routine questions of drunken-driving suspects and videotaping in proceeding
During lineups, showups, or photo identification
When the statement is made to a private person
When a suspect appears before a grand jury
When there is a threat to public safety
When an undercover officer poses as an inmate and asks questions
Booking
procedure following arrest that records information about the suspect (photo, fingerprints, lineup)
Arraignment
First act in a criminal proceeding; the defendant hears the charges and responds with a plea
Bail
money put up to guarantee the defendant will appear in court as directed
Bounty hunter
They're hired to find the suspect.
Preliminary hearing
Judge decides to dismiss or reduce charges if evidence against suspect is insufficient
Grand Jury
Evidence in a felony case can be presented to a grand jury for a review and decide to indict the suspect on the charges and proceed with a formal trial
Indict
Formally accuse a suspect
Plea Bargain
Agreement where defendant pleads guilty to a lesser charge; prosecutor in return drops more serious charges to avoid time and cost of court
Probative
Tending to prove something, evidence to "back" things up
Material
Relevant and significant
Hearsay
Testimony in which the witness relates information obtained from what others have said and not what the witness actually saw or heard for themselves
Expert witnesss
Person who is a specialist in a subject that is often technical, who may present his/her expert opinion without actually witnessing any occurrence relating to the case
1984 Comprehensive Crime Control Act:
"Guilty by reason of insanity' or the 'insanity plea'
Frye Standard
"general acceptance test"
Daubert Ruling
Judge is the gatekeeper
The judge must determine the admissibility of evidence and testimony in court. He/she must also determine the validity of this information. What guidelines must the judge following regarding admissibility of evidence and testimony in court:
Must be testable
Must be subject to peer view or publication
Rate of error or possible errors must be given
Technique must follow standards
Court must consider whether the theory or technique has attracted widespread acceptance within a relevant portion of the scientific community
"Father of toxicology" ; Published paper on poisons; established toxicology as legit science.

Developed a system of classification based on body measurements

First definitive study of fingerprints and developed the first system for classifying them

Discovered that blood can be classified into groups based on proteins present: A, B AB, O

Developed a procedure to determine the blood group of a dried blood stain

Used comparison microscope to study bullets

Developed principles of document examination

Cross transfer principle: when two pieces of evidence come in contact with each other, there is always an exchange of materials
Mathieu Orfila

Alphonse Bertillon

Francis Galton

Karl Landsteiner

Leone Lattes

Calvin Goddard

Albert S. Osborn

Edmon Locard
DEA (Federal Level)
The Drug Enforcement Administration labs (DEA) of the Department of Justice
FBI (Federal Level)
(Federal Bureau of Investigation) under the direction of J. Edgar Hoover offered forensic services to all law enforcement agencies. 32(23)
ATF (Federal Level)
Bureau of Alcohol, Tobacco, and Firearms (ATF) of the Department of Justice
CMPD (State Level and Local level)
Charlotte-Mecklenburg Police Department Crime Lab and mobile labs
USPS (Federal Level)
U.S. Postal Service Inspection Service
SC: SLED (State Level and Local level)
South Carolina Law Enforcement Division (SLED)
NC. SBI: (State Level and Local Level)
N.C. State Bureau of Investigation (SBI)
Basic services of the Crime Lab
Physical science unit: chemical testing of evidence, what is this made of...
Biology unit: identify and perform DNA profiling, hair and fiber analysis, other biological materials... semen, saliva, etc.
Firearms: ballistics tests, gunpowder residue tests
Document examination
Photography unit
Optional services of the Crime Lab:
Toxicology: determines presence or absence of drugs in body fluids and tissues
b. Latent fingerprint identification
Polygraph unit (lie detector tests)
Voiceprint analysis (voice comparison, text to speech)
Crime scene investigation unit (group of trained technicians
Duties of a Forensic Scientist:
Analysis of physical evidence
Collect and preserve all evidence according to procedures... paper
Testing of evidence
Maintaining chain of custody
Use underlying principles of scientific method to ensure that the outcome of an investigation is not tainted by human emotion or compromised by ignoring contrary evidence
Maintain perspective/limit bias/go where the evidence leads
Literary Influences
Sherlock Holmes by Sir Arther Conan Doyle
Made scientific crime-detection "cool" and popular
A Study in Scarlet (1887)- first appearance of Sherlock Holmes
What is Forensics science?
Forensic science is the application of science to ____criminal_________________and ______civil laws________laws that are enforced by the police in the criminal justice system.
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