History of Forensic Science

Sung T'zu

Recorded observations of the usefulness of entomology (study of insects) in solving crimes

Sir Thomas Brown

an English physician, biologist, philosopher, and historian, for many a pioneering forensic archaeologist, discovers adipocere

Mathieu Orfila

"father of modern toxicology", developed tests for the presence of blood in a forensic context, used microscopes on blood and semen stains

Dr. Henry Faulds

forwards an explanation of his fingerprint classification system to Sir Charles DARWIN

Alphonse Bertillon

French police officer and biometrics researcher who applied the anthropological technique of anthropometry to law enforcement

Alexandre Lacassagn

Principle founder in the fields of medical jurisprudence and criminal anthropology (skeletal remains)

Sir Francis Galton

pioneer in fingerprint identification, the first to show scientifically how fingerprints could be used to identify individuals

Karl Landsteiner

Discovered that blood can be grouped into different types, A, B, AB and O.

Edmond Locard

known as the father of Forensic Science, known for his Exchange Principle that "Every contact leaves a trace", 12 matching points as a positive fingerprint identification

Calvin Goddard

developed the science of identifying fired bullets and empty cartridge cases, known as forensic ballistics

Sir Alec Jeffreys

discovers a method of identifying individuals from DNA

Frye v. the United States

All evidence must be meaningful a relevant to the case and scientific community

Daubert v. Merrell Dow Pharmaceuticals

Expert Witness Standard: Guidelines set in place that all evidence and experts need to be held to same standard. All must be tested, peer reviewed, contain percent error
Judge makes final decision if a witness is an expert in their field

Mincey v. Arizona

All evidence collected from a CS must be warranted unless for reasons where a warrantless search is applicable

Kumho Tire v. Carmichael

Expert needs to employ the same rigor to any expert in their field whether it be scientific or not

Joiner v. General Electric

Conclusions and methodology are not separate. There was too great of a gap between data and opinion - there needs to be a link from data to evidence

United States v. Prime

Created a standard nine-point scale used to express the degree to which the examiner believes the handwriting samples match was established under the auspices of the American Society for Testing and Materials ('ASTM'). The court reasonably concluded that any lack of standardization is not in and of itself a bar to admissibility in court

US Constitution

interpretation and implementation of US Constitution; deals with fundamental relationships in our society; among states, states & fed gov, rights of individuals in relation to fed & state governments; Supreme Court interprets Constitution

Bill of Rights

-lists specific prohibitions on governmental power; lists of limits on government power
- right of individuals to speak and worship freely

Criminal Law

-prosecution by the government of a person for an act that has been classified as a crime
-an act or omission in violation of a public law forbidding or commanding it federal and state laws that make certain behavior illegal and punishable by imprisonment and/or fines

Probable cause

-requirement found in 4th amendment that must be met before police can make an arrest, conduct a search or receive a warrant
-courts find reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search)
-circumstances can justify a warrantless search

Probative

evidence that establishes or contributes to proof of fact or issue

Hearsay

-statement made out of court that is offered in court as evidence to prove the truth of the matter asserted
-Federal Rules of Evidence prohibits most statements made outside a courtroom from being used as evidence in court (not normally made under oath
-judge/jury cannot observe demeanor of person making statement/opposing party cannot cross-examine person making statement]

Nolo contendere

plea in a criminal proceeding - a person does not accept or deny responsibility for the charges but agrees to accept the punishment; differs from guilty plea because can't be used against a defendant in another cause of action (ie civil)

Alford Plea

-An Alford Plea is a guilty plea of a defendant who proclaims he is innocent of the crime and admits that the prosecution has enough evidence to prove that he is guilty beyond a reasonable doubt.
-It is entered when an accused, together with his attorney, has made the calculated decision to plead guilty because the evidence against him is so strong that it will likely lead to a conviction.
-Typically, it results in a guilty plea of a lesser crime (i.e. second-degree murder rather than first

Arrest Warrant

papers issued by the courts that authorize the police to take suspected criminals into custody and hold them until they can be brought to trial; can be issued from a criminal complaint or indictment; have to convince the court that there is probable cause

Arraignment

-after an arrest, booking and initial bail phases comes 1st state of courtroom based proceedings
-person charge with a crime called before a judge to have charges read, inquire about the need for an attorney
-ask how defendant pleads; decide whether to alter bail; announce dates of future proceedings

Preliminary Hearing

criminal law - hearing to determine if a person charged with a felony (a serious crime punishable by a term in prison) should be tried for the crime charged based on whether there is some substantial evidence that he/she committed the crime

Indict

charge of a felony voted by a grand jury based on a proposed charge, witness testimony and other evidence presented by a prosecutor; grand jury does not find guilt, but the only probability that a crime was committed, that the accused person did it, and the person should be tried.

Plea Bargaining

agreements between defendants and prosecutors where defendants agree to plead guilty to some or all of the charges against them in exchange for concessions from prosecutors

Violation

offense not including traffic infraction where the potential sentence cannot be greater than 15 days in jail; violation is not a crime; pleading guilty does not give a criminal record

Infraction

violation of a particular stature for which the penalty is minor (parking infraction); breach of a law or agreement

Misdemeanor

-offense not including traffic violation; potential sentence exceeds 15 days but cannot be greater than one year in jail
-less serious than a felony, more serious than an infraction - fine or incarceration in a local jail

Felony

-an offense where the punishment may exceed one-year maximum
-imprisonment in a prison rather than a county or local jail