Chapter 1 intro AJ150 Spring 2017

Copyright © 2011 by Pearson Education, Inc.All Rights Reserved

Criminalistics: An Introduction to Forensic Science, 11eRichard Saferstein

Fridays 8:10 AM – 11:20 AM

Instructor: Linda Huber, Forensic Scientist IIIOrange County Sheriff Crime Laboratory, Santa Ana, CA

Email: [email protected]

Office Hours & Location: Friday 7:30 AM – 8:00 AM in CI 117

Note: no office hours during the week of final exams

AJ 150 Introduction to Forensics



Can rent this book from Chegg website:•$50.99•Due date 6/02/17, can get 30 day rental extension

CriminalisticsCriminalisticsAn Introduction to Forensic ScienceAn Introduction to Forensic Science

CHAPTER



ELEVENTH EDITION

Introduction

1



DefinitionDefinition• In its broadest definition, forensic science is

the application of science to criminal and civil laws.

• The subject matter of this book emphasizes the application of science to those criminal and civil laws that are enforced by police agencies in a criminal justice system.



DefinitionDefinition• Forensic science owes its origins to

individuals such as Bertillon, Galton, Lattes, Goddard, Osborn, and Locard, who developed the principles and techniques needed to identify or compare physical evidence.



FIGURE 1–1 A scene from CSI, a forensic science television show.SUN/Newscom



The CSI EffectThe CSI Effect



HistoryHistory• Mathieu Orfila

The father of forensic toxicology. Published the first scientific treatise

on the detection of poisons and their effects on animals.

• Alphonse Bertillion Devised the first scientific system of

personal identification in 1879. Developed the science of Anthropometry. Father of criminal identification.



FIGURE 1–3 Bertillon’s system – a series of bodily measurements as used for the identification of an individual.Sirchie Fingerprint Laboratories

Later replaced by fingerprinting in the early 1900’s.



HistoryHistory• Francis Galton

Conducted the first definitive study of fingerprints and their classification.

• Leone Lattes Developed a procedure to determine blood

type from dried bloodstains. Blood groups recognized as A, B, AB and O.



HistoryHistory• Calvin Goddard

Used a comparison microscope to determine if a particular gun fired a bullet.

• Albert Osborn Developed the fundamental principles of

document examination. Responsible for the acceptance of documents

as scientific evidence in court.

https://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwimkOGIhZjOAhVO2mMKHaphDr8QjRwIBw&url=http%3A%2F%2Fwww.asqde.org%2Fabout%2Fpresidents%2Fosborn_as.html&bvm=bv.128617741,d.cGc&psig=AFQjCNEvUCXLDLTbQWdXZzqwhqMPuqj0gA&ust=1469859916416724



HistoryHistory• Walter McCrone

Utilized microscopy and other analytical methodologies to examine evidence.

Responsible for educating thousands of forensic scientists in the application of microscopic techniques.

• Hans Gross Wrote the first treatise describing the

application of scientific principles to the field of criminal investigation.



HistoryHistory• Edmond Locard

Incorporated Gross’ principles of criminal investigations within a workable crime laboratory.

Founder and director of the Inst. Of Criminalistics at the Univ. of Lyons – leading center for study in research in forensic science.

Locard’s Exchange Principle States that when a person (criminal) comes in

contact with an object or person, a cross-transfer of evidence occurs.



Crime Lab GrowthCrime Lab Growth• The ever increasing number of crime

laboratories in the past 35 years is partly the result of the following:1. Supreme Court decisions in the 1960s responsible for police placing greater emphasis

on scientifically evaluated evidence. • Advisement of Miranda rights and quick access to

counsel has all but eliminated confessions.• Successful prosecution of cases requires a thorough

police investigation and the skills of forensic science experts.



Crime Lab GrowthCrime Lab Growth2. Increase of crime rates - crime laboratories inundated with drug specimens due to accelerated drug abuse.

• All illicit drug seizures must be sent to the lab for confirmatory testing before the case can be adjudicated.



Crime Lab GrowthCrime Lab Growth3. The advent of DNA profiling.

• DNA technology has progressed substantially since early 1990’s.

• Increase sensitivity of the analysis has lead to the detection of “touch DNA”.

• Due to the popularity of this field and its admissibility in court, a substantial backlog of unanalyzed DNA samples is a major problem.

• Automated systems have helped relieve some of the burden.



Crime Lab OrganizationCrime Lab Organization• The development of crime laboratories in the

United States has been characterized by rapid growth accompanied by a lack of national and regional planning and coordination.

• At present, approximately 411 public crime laboratories operate at various levels of government—federal, state, county, and municipal.



Federal Crime LabsFederal Crime LabsFour major federal crime laboratories:1.Federal Bureau of Investigation (FBI) – maintains the largest crime laboratory in the world in Quantico, Virginia.2.Drug Enforcement Administration (DEA) – analyze drugs seized in violation of federal laws regulating the production, sale, and transportation of drugs.3.Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) – analyze alcoholic beverages and documents relating to alcohol and firearms excise tax law enforcement and examine weapons, explosive devices, and related evidence.4.U.S. Postal Inspection Service – deal with criminal investigations relating to the postal service.



State and Local Crime LabsState and Local Crime LabsStatewide system:•Provides crime lab service to state and local enforcement agencies that do not have ready access to a laboratory.•California has a comprehensive statewide system of regional or satellite laboratories (DOJ).•They operate under a central facility and provide forensic services to most areas of the state.Local system:•Operate independently and financed directly by local government.•Starting to consolidate labs due to rising costs.



Technical SupportTechnical Support• The technical support provided by crime

laboratories can be assigned to five basic services. (full service) Physical Science Unit incorporates the

principles of chemistry, physics, and geology to identify and compare physical evidence. • Examining items such as drugs, paint, glass,

explosives, arson, and soil/minerals.



Technical SupportTechnical Support Biology Unit applies the knowledge of biological

sciences in order to investigate blood samples, body fluids, hair, botanical materials (wood and plants) and fiber samples. • Also identifies and performs DNA profiling as well as

providing statistical data analysis on profiles obtained in cases.



Technical SupportTechnical Support Firearms Unit investigates discharged bullets,

cartridge cases, shotgun shells, and ammunition. Conducts distance determination and firearms discharge residue detection on garments and other objects. Performs toolmark examinations.



Technical SupportTechnical Support Document Unit provides the skills needed for

handwriting analysis and other questioned-document issues. Includes analyzing paper and ink, indented writings, obliterations, erasures, and burned or charred documents.



Technical SupportTechnical Support Photographic Unit applies specialized

photographic techniques for recording and examining physical evidence. Also, prepares photographic exhibits for courtroom presentations.

Some crime laboratories may offer a number of optional services.



Technical SupportTechnical Support• Optional Services by Full-Service Labs

Toxicology Unit examines body fluids (ie. blood, urine, and vitreous) and organs for the presence or absence of drugs and poisons. Includes the analysis of blood alcohol content in the lab or out in the field (breathalyzer). Often they also train personnel to operate and maintain these instruments.

Latent Fingerprint Unit processes and examines evidence for latent fingerprints.



Technical SupportTechnical Support• Optional Services by Full-Service Labs (cont.)

Polygraph Unit conducts polygraph or lie detector tests. Mainly used by criminal investigators and interrogators during the course of their case investigation.

Voiceprint Analysis Unit attempts to tie a recorded voice to a particular suspect. Based on the premise that the sound patterns produced in speech are unique to each individual.



Technical SupportTechnical Support• Optional Services by Full-Service Labs (cont.)

Crime Scene Evidence Collection Unit dispatches specially trained personnel (civilian or police) to the crime scene to collect and preserve physical evidence.



Skills of a Forensic ScientistSkills of a Forensic Scientist• A forensic scientist (criminalist) must be skilled in

applying the principles and techniques of the physical and natural sciences to the analysis of the many types of evidence that may be recovered during a criminal investigation.



Skills of a Forensic ScientistSkills of a Forensic ScientistPolice investigators have three avenues available to assist them in solving a crime:

1.Confessions2.Eyewitness accounts3.The evaluation of evidence retrieved from the crime scene.

Only the last one is free from inherent error or bias.



Analyzing Physical Evidence Requires Analyzing Physical Evidence Requires Utilizing the Scientific MethodUtilizing the Scientific Method

• The Scientific Method: Formulate a question worthy of investigation.

Formulate a reasonable hypothesis to answer the question.

Test the hypothesis through experimentation.

Upon validation of the hypothesis, it become suitable as scientific evidence.

***Adherence to these strict guidelines ensures the careful and systematic collection, organization and analysis of information.



Skills of a Forensic ScientistSkills of a Forensic Scientist• A forensic scientist may also provide expert court

testimony.

• An expert witness is an individual whom the court determines possesses knowledge relevant to the trial that is not expected of the average person. Lay man testimony is on facts.

• Must be able to convey the scientific information clearly without bias.



Skills of a Forensic ScientistSkills of a Forensic Scientist• The expert witness is called on to evaluate

evidence based on specialized training and experience that the court lacks the expertise to do.

• The expert will then express an opinion as to the significance of the findings.



Forensic DNA Expert TestimonyForensic DNA Expert Testimony



Skills of a Forensic ScientistSkills of a Forensic Scientist• The necessity for the forensic scientist to appear in

court has been imposed on the criminal justice system by the case of Melendez-Diaz v. Massachusetts.

• It addressed the practice of using evidence affidavits or lab certificates in lieu of in-person testimony. Which would deny the defendant the opportunity to cross-examine the analyst.



Skills of a Forensic ScientistSkills of a Forensic Scientist• Because the results of their work may be a factor in

determining a person’s guilt or innocence, because of this ruling, a forensic scientist may be required to testify.

Voir Dire – preliminary examination of a witness qualification by a judge and/or counsel. Qualifications, credentials, training, experience and knowledge are evaluated before the witness is deemed and expert.



The The FryeFrye Standard Standard• The Frye vs. United States decision set guidelines

for determining the admissibility of scientific evidence into the courtroom.

• To meet the Frye standard, the procedure, technique or principle in question must be “generally accepted” by the scientific community.



FryeFrye Not Absolute Not Absolute• However, in the 1993 case of Daubert vs.

Merrell Dow Pharmaceutical, Inc., the U.S. Supreme Court asserted that the Frye standard is not an absolute prerequisite to the admissibility of scientific evidence.



FryeFrye Not Absolute Not Absolute• Trial judges were said to be ultimately

responsible as “gatekeepers” for the admissibility and validity of scientific evidence presented in their courts, as well as all expert testimony.



The The DaubertDaubert Criteria Criteria• In Daubert, the Supreme Court offered some

guidelines as to how a judge can gauge scientific evidence:1. Whether the scientific technique or theory

can be (and has been) tested.

2. Whether the technique or theory has been subject to peer review and publication.

3. The technique’s potential rate of error.



The The DaubertDaubert Criteria Criteria4. Existence and maintenance of standards

controlling the technique’s operation.

5. Whether the scientific theory or method has attracted widespread acceptance within a relevant scientific community.



Evidence Collection TrainingEvidence Collection Training**The best techniques and analysis of evidence at the lab are useless if the evidence is not properly recognized, collected, and preserved.

•A solution to this is having properly trained evidence technicians available on call 24/7 to assisted investigators in the collection of evidence.



Evidence Collection TrainingEvidence Collection Training• Many police departments have not adopted this

concept and many times untrained officers or detectives are doing the collection.



Evidence Collection TrainingEvidence Collection Training• Your evidence is only as good as the person collecting

it. Failure to recognize the evidence and collect properly can affect the outcome of your case.

• Where no formal training exists, familiarity can be gained through lectures, tours of the lab, and evidence collection manuals.



Special Forensic Science ServicesSpecial Forensic Science Services• A number of special forensic science services are

available to the law enforcement community to augment the services of the crime laboratory.

• These services include: forensic psychiatry, forensic odontology, computer science, and forensic engineering.



Special Forensic Science ServicesSpecial Forensic Science Services• Forensic Psychiatry is an area in which the

relationship between human behavior and legal proceedings is examined. For civil cases: determine competency to make

decisions (ie. prepare wills, settle properties, refuse medical treatment).

For criminal cases: determine competency to stand trial.

Examine behavioral patterns of criminals to aid in suspect profiling.



Special Forensic Science ServicesSpecial Forensic Science Services• Forensic Odontology involves using teeth to

provide information about the identification of victims when a body is left in an unrecognizable state; also investigates bite marks. Marks left on a victim can be compared to the tooth structure of the suspect.



Special Forensic Science ServicesSpecial Forensic Science Services• Forensic Engineering is concerned with failure

analysis, accident reconstruction, and causes and origins of fires or explosions. Accident scenes are examined, photographs are

reviewed, and any mechanical objects involved are inspected.



Special Forensic Science ServicesSpecial Forensic Science Services• Forensic Computer Science and Digital

Analysis involves the identification, collection, preservation and examination of digital evidence from computers and other digital devices (ie. cell phones). Involves the recovery of deleted or overwritten data

from hard drives and hacking activities.

Chapter 1 intro AJ150 Spring 2017

Science

Transcript of Chapter 1 intro AJ150 Spring 2017