let’s review what you’ve learned. is where science and the law collide! study and application...

Let’s review what you’ve learned

Is where science and the law collide! Study and application of science to the law. Can be called criminalistics

Ballistics Document examination Photography Toxicology and drug analysis Fingerprints

Anthropology: study of bones Odontology: study of bite marks and

dental ID Pathology: autopsy of a victim Entomology: study of insects Palynology: study of pollen and spores Toxicology: study of chemicals (poisons

or drugs)

Have a degree in the sciences Have an advanced degree in forensics Works in police force

Large cities FBI DEA- drug related crimes ATF- alcohol, weapons, explosives,

organized crime U.S. Postal Service: mail crimes U.S. Fish and Wildlife

Physical Science Unit Drugs, soil, glass, paint, blood spatter

Firearms Unit Tool marks, weapons, firearms, bullets

Document Analysis Unit Handwriting, typewriting, computer apps,

paper, ink Biology Unit

Body fluids, DNA, blood types, hair, fibers, plant life

“Whenever two objects come into contact, there is always a transfer of material..”

Observe, Hypothesize, Test, Conclude, Evaluate and verify

Must be sure the science was just, someone’s life depends on it

All possible errors must be stated Come up with an opinion that will stand

up in court

U.S. Constitution overrules constitutions of individual states

The law on the books, set in place by the government and based on the constitution.

Law made by judges who set precedents in court.

Future court decisions can recognize these set precedents as law.

Stare decisis: to stand by the decision

Private law, deals with relationships among individuals involving property or contracts.

Examples: Marriage, divorce, child support, custody, wills, property transfers.

Punished by fines or transfers of property.

Crimes against a person, deals with enforcing public codes of behavior defined by laws.

Misdemeanors & Felonies Prosecution must prove “guilt beyond a

reasonable doubt” Punishable by: fines, community service,

probation, incarceration, life in prison, capital punishment.

Preventative law for cases not covered by common law.

To mitigate the rigor of common law allowing courts to use judgement

Example: restraining order

Rules & regulations established by agencies such as the IRS, Social Security, branches of military

1. Right to remain silent 2. Anything you do or say may be used against you in

the court of law 3. You have right to consult an attorney before

speaking to police and have an attorney present 4. If you cannot afford an attorney one will be

appointed to you 5. If you decide to answer questions without an

attorney present, you still have right to stop at anytime until you talk to an attorney

6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Police evaluate crime report prosecution

If probable cause warrantArrest booking Miranda rights

Arraignment: before judge enter pleaGuilty judge sentencesNot Guilty judge determines if enough

evidence to go to court

Infraction: minor offense. Penalty: fine Misdemeanor: crimes punishable by no

more than 1 year in jail. Fines up to $2500 + community service.

Felony: More serious crimes. Investigated by district court, can go to trial. 5 years to life (death penalty in most states). Fines up to $100,000.

Frye Standard: scientific evidence is admissible if it is “generally accepted” in the field

Daubert Ruling: Revision of Frye, Judge must make decision if evidence is admissible based on if the scientific method was used, the rate of error is stated, techniques are reproducible, peers review and agreement

Helps avoid “junk science” in the courtroom.