History and Development

1. History and Development

2. Introduction Students will learn: • How a crime lab works • The growth and development of forensic science through history • Federal rules of evidence, including the Frye standard and the Daubert ruling • Basic types of law in the criminal justice system Students will be able to: • Describe how the scientific method is used to solve forensic problems • Describe different jobs done by forensic scientists and the experts they consult. Kendall/Hunt Publishing Company

3. Forensic Science • The study and application of science to matters of law. • Includes the business of providing timely, accurate, and thorough information to all levels of decision makers in our criminal justice system. • The word forensic is derived from the Latin “forensis” meaning forum, a public place where, in Roman times, senators and others debated and held judicial proceedings. Kendall/Hunt Publishing Company

4. Questioned Document Examiner Latent Fingerprint Examiner Firearms and Toolmarks Examiner Serologist / DNA Analyst Trace Evidence Specialist Forensic Chemist / Toxicologist Bloodspatter Analyst Forensic Careers CRIMINALISTICS (Forensic Laboratory Experts) Forensic Pathologist Investigate crime scene Forensic Anthropologist Photos, sketches, notes MEDICAL EXAMINER LAW ENFORCEMENT (Homicide detective, police, FBI, profilers, others) Arrest criminals Forensic Entomologist Interrogate witnesses Deputy Medical Investigators Collect evidence (non-bodily) Kendall/Hunt Publishing Company

5. Criminalistics thescientific examination of physical evidence for legal purposes. Criminology includes the psychological angle, studying the crime scene for motive, traits, and behavior that will help to interpret the evidence Criminalistics vs Criminology Kendall/Hunt Publishing Company

6. Major Crime Laboratories • FBI • DEA • ATF • U.S. Postal Service • U.S. Fish and Wildlife Service • Alabama Department of Forensic Sciences Kendall/Hunt Publishing Company

7. Crime Lab History • First police crime lab in the world was established in France in 1910 by Edmond Locard • First police crime lab in the U.S. opened in 1923 in Los Angeles • The Scientific Crime Detection Lab was founded in Evanston, Illinois in 1929 • The first FBI crime lab opened in 1932 Kendall/Hunt Publishing Company

8. Major Developments in Forensic Science History • 700s AD—Chinese used fingerprints to establish identity of documents and clay sculptures • ~1000—Roman courts determined that bloody palm prints were used to frame a man in his brother’s murder • 1149—King Richard of England introduced the idea of the coroner to investigate questionable death • 1200s—A murder in China is solved when flies were attracted to invisible blood residue on a sword of a man in the community • 1598—Fidelus was first to practice forensic medicine in Italy • 1670—Anton Van Leeuwenhoek constructed the first high-powered microscope • 1776—Paul Revere identified the body of General Joseph Warren based on the false teeth he had made for him • 1784—John Toms convicted of murder on basis of torn edge of wad of paper in pistol matching a piece of paper in his pocket Kendall/Hunt Publishing Company

9. Major Developments in Forensic Science History • 1859—Gustav Kirchhoff and Robert Bunsen developed the science of spectroscopy. • 1864—Crime scene photography developed • 1879—Alphonse Bertillon developed a system to identify people using particular body measurements • 1896—Edward Henry developed first classification system for fingerprint identification • 1900—Karl Landsteiner identified human blood groups • 1904—Edmond Locard formulated his famous principle, “Every contact leaves a trace.” • 1922—Francis Aston developed the mass spectrometer. • 1959—James Watson and Francis Crick discover the DNA double helix • 1977—AFIS developed by FBI, fully automated in 1996 • 1984—Jeffreys developed and used first DNA tests to be applied to a criminal case Kendall/Hunt Publishing Company

10. People of Historical Significance Edmond Locard (1877-1966) • French professor • Considered the father of criminalistics • Built the world’s first forensic laboratory in France in 1910 • Locard Exchange Principle • Whenever two objects come into contact with each other, traces of each are exchanged. Kendall/Hunt Publishing Company

11. Mathieu Orfila (1787-1853) • Father of forensic toxicology • Native of Spain • In 1814 he published the 1st scientific treatise on the detection of poisons and their effects on animals Kendall/Hunt Publishing Company

12. Sir Arthur Conan Doyle (1859-1930) • Creator of Sherlock Holmes • Ability to describe scientific methods of detection years before they were actually discovered and implemented Kendall/Hunt Publishing Company

13. Alphonse Bertillon (1853-1914) • French law enforcement officer • Developed anthropometry (procedure of taking a series of body measurements as a means of distinguishing one individual from another) Kendall/Hunt Publishing Company

14. Francis Galton (1822-1911) • Developed a methodology of classifying fingerprints • Published Finger Prints in 1892 Kendall/Hunt Publishing Company

15. Leone Lattes (1887-1954) • Professor at the Institute of Forensic Medicine at the University of Turin in Italy • In 1915 he devised a procedure for determining the blood group of a dried bloodstain Kendall/Hunt Publishing Company

16. Calvin Goddard (1891-1955) • U.S. Army colonel • Established the comparison microscope as the indispensable tool of the firearms examiners Kendall/Hunt Publishing Company

17. Albert S. Osburn (1858-1946) • Developed principles of document examination • In 1910 he authored Questioned Documents Kendall/Hunt Publishing Company

18. “WANTED” flyer • Create an illustration of the contribution of your assigned scientist • Entitle your illustration the scientist’s name • Write at least 2 sentences that explains your scientist’s contribution to forensic science under your illustration. Kendall/Hunt Publishing Company

19. Scientific Method(as it pertains to criminalistics) • Observe a problem or questioned evidence and collect objective data. • Consider a hypothesis or possible solution. • Examine, test, and then analyze the evidence. • Determine the significance of the evidence. • Formulate a theory based on evaluation of the significance of the evidence Kendall/Hunt Publishing Company

20. Complex Reasoning Skills Necessary to Work Through and Solve Crimes: • Deductive and Inductive Reasoning • Classifying • Comparing and Contrasting • Problem Solving • Analyzing Perspectives • Constructing Support • Error Analysis Kendall/Hunt Publishing Company

21. Laws that Pertain to the U.S. Criminal Justice System • The U.S. Constitution • supreme body of laws • Statutory Law • written law enacted by a governmental body having the power to make laws • Common Law or Case Law • made by judges • Civil Law • deals with relationships between individuals involving such matters as property or contracts • Criminal Law • regulates and enforces rights • Equity Law • Remedial or preventive (restraining order) • Administrative Law • Established by agencies such as IRS, SSA, or military Kendall/Hunt Publishing Company

22. To be presumed innocent until proven guilty Not to be searched unreasonably Not to be arrested without probable cause Against unreasonable seizure of personal property Against self-incrimination To fair questioning by police To protection from physical harm throughout the justice process To an attorney To trial by jury To know any charges against oneself To cross-examine prosecution witnesses To speak and present witnesses Not to be tried again for the same crime Against cruel and unusual punishment To due process To a speedy trial Against excessive bail Against excessive fines To be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes The Bill of RightsGives individuals the right: Kendall/Hunt Publishing Company

23. Miranda Rights • After suspect has been arrested, he/she is booked, fingerprinted, photographed, and informed of his or her Miranda Rights • Mirandav. Arizona 1966 Kendall/Hunt Publishing Company

24. Miranda v Arizona • In 1963, Ernesto Miranda, a 23 year old mentally disturbed man, was accused of kidnapping and raping an 18-year-old woman in Phoenix, Arizona. He was brought in for questioning, and confessed to the crime. He was not told that he did not have to speak or that he could have a lawyer present. At trial, Miranda's lawyer tried to get the confession thrown out, but the motion was denied. The case went to the Supreme Court in 1966. The Court ruled that the statements made to the police could not be used as evidence, since Mr. Miranda had not been advised of his rights. Kendall/Hunt Publishing Company

25. Miranda Rights The following is a minimal 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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at the government’s expense. Kendall/Hunt Publishing Company

26. Types of Crimes • Infraction • jaywalking, littering, violations of municipal codes (such as building or housing), disturbing the peace, or falsification of information • Misdemeanor • petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, vandalism • Felony • aggravated assault and/or battery, arson, burglary, illegal drug abuse/sales, embezzlement, grand theft, treason, espionage, racketeering, robbery, murder, rape, kidnapping and fraud. Kendall/Hunt Publishing Company

27. Further steps in judicial system • Arraignment • Informed of charges • Rights • Bail • Plea of guilty, not guilty, not guilty by reason of insanity, double jeopardy, no contest • If guilty plea, then preliminary hearing with no jury and judge will pass sentence. • If not guilty plea, then the judge will decide if there is enough evidence to take the case to trial and set a date. Kendall/Hunt Publishing Company

28. Facts • Only about 50% of all people arrested are eventually convicted, and of those, only 25% are sentenced to a year or more in prison. • About 90% of cases are plea bargained. Kendall/Hunt Publishing Company

29. Assignment • If you were caught red-handed in a burglary, what procedures would you expect to experience before sentencing? Kendall/Hunt Publishing Company

30. Federal Rules of Evidence In order for evidence to be admissible, it must be: • Probative—actually prove something • Material—address an issue that is relevant to the particular crime Kendall/Hunt Publishing Company

31. 1923 Frye v. United States Scientific evidence is allowed into the courtroom if it is generally accepted by the relevant scientific community. The Frye standard does not offer any guidance on reliability. The evidence is presented in the trial and the jury decides if it can be used. website 1993 Daubert v. Dow Admissibility is determined by: Whether the theory or technique can be tested Whether the science has been offered for peer review Whether the rate of error is acceptable Whether the method at issue enjoys widespread acceptance. Whether the opinion is relevant to the issue The judge decides if the evidence can be entered into the trial. Admissibility of Evidence Kendall/Hunt Publishing Company

32. Facets of Guilt Try to prove: • Means—person had the ability to do the crime • Motive—person had a reason to do the crime(not necessary to prove in a court of law) • Opportunity—person can be placed at the crime Kendall/Hunt Publishing Company

33. “If the Law has made you a witness, remain a man (woman) of science. You have no victim to avenge, no guilty or innocent person to ruin or save. You must bear testimony within the limits of science.” —P.C.H. Brouardel Kendall/Hunt Publishing Company

34. Backpack Mystery • Read through the story • Record the guilty person’s: • Means • Motive • Opportunity Kendall/Hunt Publishing Company