What is the difference between violations and infractions?
Violation is a breach of a right, duty or law. An infraction is a violation of a law or rule that is not punishable by prison.
What is the difference between forensic science and criminology?
Forensic science is the application of science to the legal system. Forensic scientists usually just evaluate evidence and conclude what it means, while criminology is more focused on why a crime is committed, rather than how. Criminology deals with motive and psychology of a criminal, and forensic scientists deal with the evidence of the crime.
What kinds of cities have their own crime lab?
Large cities, other cities access the county lab
Who established the fingerprint system used today?
The Henry Classification System was developed by Sir Edward Henry (along with Haque and Bose, two indian scientists).
When did the use of DNA as a forensic tool begin?
1986 in England by Alec Jeffreys
How does a forensic scientist link evidence to a crime?
They determine whether the evidence was the cause or created from a crime, usually not involved in investigation.
What is the difference between civil and private law?
There is no difference
In criminal law, must a person be found guilty beyond a reasonable doubt?
Yes
Is a felony a serious crime?
Yes
What is the purpose of a grand jury?
To decide whether there is probable cause to prosecute someone for a crime
What is the definition of a violation?
Anything that breaks a rule or law.
What is more serious, an infraction or a misdemeanor?
Misdemeanor, theft or destruction of property. (infraction is like a parking ticket)
What types of evidence are allowed under the Daubert ruling?
Evidence is allowed based on if they used the scientific method, hypothesis, whether the science has been offered for peer review, whether the rate of error is acceptable, and whether the technique is generally accepted
Can an expert witness give their opinion in a court of law?
Yes, allowed to interpret the facts based on their scientific knowledge
Must a forensic scientist always work in a lab?
No, Can work in hospitals, federal agencies, law enforcement offices
What is entailed in the job of a forensic scientist?
to collect and analyze evidence using science applied to the law
What government agencies have their own crime lab?
FBI, ATF, DEA
What is evidence?
Something that is probative, material, and legal (proves something, addresses issue relevant to crime, and is legally obtained)
What is the earliest known use of blood spatter evidence?
1895 by Eduard Piotrowski who wrote a paper about blood spatter patterns
When did the Daubert v Merrell Dow occur?
1996, changing the standard of expert testimony (pharmaceutical company sued because children had birth defects)
When was the FBI crime lab created?
November 24, 1932
How are violations of civil law punished?
With financial compensation for injuries or damages to property, or with an injunction
What is criminal law also referred to as?
Penal law
What is administrative law?
Law or rules that an organization writes to make the organization function more efficiently
Do forensic scientists examine evidence dealing with criminal cases or civil cases?
Criminal cases
What do the Miranda rights cover?
The right to remain silent (anything they say can be used against them in a court of law) and right to an attorney (if they cannot afford one, a state appointed one will work for them)
What is the legal term for the dictate that previous legal decisions are to be followed?
Stare decisis
What happens in the preliminary hearing?
The judge decides if there is enough evidence for the defendant to stand trial, sometimes it goes to trial, or the charges are reduced. It is rare for someone to be dismissed entirely
What is a plea bargain?
happens when the defendant pleads guilty, non-guilty, or no contest and the prosecution and defense "bargain" usually to plead guilty or no contest to a lesser charge
When is evidence admissible?
when it is probative, material, and legal.
Who determines whether a person is an expert?
They have to have specialized education, training, or practical experience in the subject matter relating to the case
Which case decided that evidence allowed in court depends on what is "generally accepted" by the relevant scientific community?
Frye v United States (1932)
To which courts does the Daubert ruling apply?
Federal court and some state courts
Which amendment protects against unreasonable search and seizure?
4th
Which crime unit would analyze blood stains?
Blood spatter analysis
Which crime unit would analyze soil?
Geology
On what things is the effectiveness of an expert's testimony always dependent on?
Their speaking ability, explaining ability, presenting ability/how they present themselves to the jury, looks/body characteristics, background experience
Which amendment guarantees your right against self-incrimination?
5th
Where was the first crime lab established?
France, Edmund Locard, (1910)
Are lie detectors admissible in a court of law?
Yes, it is up to individual courts to decide in the United States
Who stated that whenever two objects come into contact, there is always a transfer of material?
Edmund Locard
What approach do scientists use to solve problems?
Scientific Method
What is statutory law based on?
Laws written by the legislature
What is the examination of physical evidence called?
Forensic science
What kind of law involves legislative acts declaring, commanding, or prohibiting something?
Statutory law
What is the first act in criminal proceeding, when the defendant is brought before court to hear charges and enter a plea?
grand jury/evidentiary hearing or arraignment
Violations are classified into what three areas?
Ethical, misconduct/misbehavior, and criminal
What does probative mean?
actually proves something
What does material evidence mean?
relative and significance
What is hearsay?
word of mouth, not directly heard/seen/known
Anthropology
studies bones of deceased to determine identity, COD, TOD, etc
Arson
studies how fires are started, whether on purpose or not, why,
Ballistics
the science of the behavior of a bullet when it leaves the firearm.
Documents
Handwriting validity, typing validity, analysis of paperink, indented writing, ascertains authenticity/source of a handwriting sample.
Engingeering
concerned with failure analysis, accident reconstruction and causes and origins of fires or explosives.
Entomology
Insects
Forensic psychology
deals with the psychology of criminals, develops psychological profile of criminal, why they would do that and what could lead them to narrow suspect pool based on the why
Geology
study of earth's rocks and soil, can determine where soil comes from if on a shoe, etc
Odontology
forensic dentistry, teeth marks left behind and identification of dead person
Palynology
study of plant pollen, spores
Pathology
studies unexplained or sudden deaths
Polgyraph
lie detector
Toolmarks
deals with marks left on body, such as striations, cuts, stabs, gouges, abrasions, scratches, indentations or compressions
Serology
study of serum and other bodily fluids, blood type, performs test for diagnostic purposes when an infection is suspected
Toxicology
deals with chemicals in blood or systems of the victim or suspect
Frye v Daubert rules
Frye: jury decides, commonly known by scientists, not needed to be provable or correct necessarily
Daubert: judge decides, proven correct via scientific method, generally accepted, if it has been offered for peer review