Chapter 1 Introduction to Forensic Science and the

Chapter 1 Introduction to Forensic Science and the Law “In school, every period ends with a bell. Every sentence ends with a period. Every crime ends with a sentence. ” —Stephen Wright, comedian

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. Chapter 1 Kendall/Hunt Publishing Company 1

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. Chapter 1 Kendall/Hunt Publishing Company 2

Criminalistics vs Criminology Criminalistics Criminology § the scientific examination of physical evidence for legal purposes. § includes the psychological angle, studying the crime scene for motive, traits, and behavior that will help to interpret the evidence Chapter 1 Kendall/Hunt Publishing Company 3

Specialized Duties ü Forensic Scientists – identify and/or compare physical evidence through chemical, physical, and instrumental analysis ü Criminologists – study criminal and behavioral psychology to aid in criminal investigations ü Crime Scene Investigators – collect and preserve physical evidence from crime scenes Chapter 1 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 4

Specialized Duties ü Medical Examiners – perform autopsies to identify the causes and manners of death ü Coroners – typically transport corpses from the crime scene to the morgue; some aid in death investigations ü Prosecutors – initiate arrests, indictments and prosecution of criminals Chapter 1 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 5

Employment Qualifications ü Forensic Scientists – Bachelor of Science (BS) or higher in natural or physical science ü Criminologists – BS or higher in sociology or psychology ü Crime Scene Investigators – law enforcement officers with a certification, such as one from the International Association for Identification (IAI) ü Medical Examiners (ME) – licensed pathologists possessing a Doctor of Medicine (MD), that have completed several years of internship in pathology ü Coroners – equivalent to MEs in some jurisdictions; some are elected county officials who handle corpse and death investigation ü Prosecutors – Doctor of Jurisprudence (JD) in criminal law Chapter 1 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 6

Disciplines ü ü ü ü Trace Evidence (hair, fiber, paint, glass, impressions, etc. ) Latent Prints (fingerprints) Forensic Biology (Serology/DNA) Toxicology (blood alcohol, poisons) Controlled substance (drugs) Questioned documents (handwriting & typescripts) Firearms (firearms and ammunition) Others Chapter 1 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 7

Crime Lab—Basic Services § Physical Science Unit § Chemistry § Physics § Geology § Biology Unit § Firearms Unit § Document Examination Unit § Photography Unit Chapter 1 Kendall/Hunt Publishing Company 8

Crime Lab—Optional Services § § § Chapter 1 Toxicology Unit Latent Fingerprint Unit Polygraph Unit Voiceprint Analysis Unit Evidence Collection Unit Kendall/Hunt Publishing Company 9

Employment Opportunities ü Federal Bureau of Investigation (FBI) ü Federal, State, and Local Crime Laboratories ü Drug Enforcement Administration (DEA) ü Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ü U. S. Postal Service (USPS) ü U. S. Secret Service ü Central Intelligence Agency (CIA) ü U. S. Fish & Wildlife Services ü Teaching at community colleges and universities Chapter 1 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 10

Other Forensic Science Services § § § § Chapter 1 Forensic Pathology Forensic Anthropology Forensic Entomology Forensic Psychiatry Forensic Odontology Forensic Engineering Cybertechnology Kendall/Hunt Publishing Company 11

Montgomery County Crime Lab Ø Facts and Figures: *The crime lab has eleven sworn peace officers *Crime lab personnel received 1, 500 hours of training in 2014. Some of the courses taken were: -Basic Skeletal death investigation -Advanced skeletal death investigation -Advanced ridgeology -Basic & Advanced Bloodstain analysis -Bureau of ATF-Post Blast Investigation Training -Latent print photography -Basic, Intermediate, and Advanced Latent Print Analysis / Crime Scene Reconstruction 1 & 2 / Basic and Advanced Shooting Reconstruction MC Crime Lab *The crime scene investigators of the MCSO crime lab are all members of the Texas Division of the International Association for Identification (TDIAI). Chapter 1 Kendall/Hunt Publishing Company 12

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 Chapter 1 Kendall/Hunt Publishing Company 13

Major Developments in Forensic Science History § § § § Chapter 1 700 s 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 1200 s—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 14

Major Developments in Forensic Science History § § § § § Chapter 1 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 15

1987 1996 1999 2001 2007 2008 2011 Chapter 1 DNA catches the criminal Tommy Lee Andrews convicted of a series of sexual assaults, using DNA profiling. DNA evidence certified National Academy of Sciences announces DNA evidence is reliable. Faster fingerprint IDs FBI establishes the integrated automated fingerprint identification system, cutting down fingerprint inquiry response from two weeks to two hours. Faster DNA IDs Technology speeds up DNA profiling time, from 6 -8 weeks to between 1 -2 days. Footwear detection system Britain's Forensic Science Service develops online footwear coding and detection system. This helps police to identify footwear marks quickly. Detection after cleaning A way for scientists to visualize fingerprints even after the print has been removed is developed, relating to how fingerprints can corrode metal surfaces. Facial sketches matched to photos Michigan state university develops software that automatically matches handdrawn facial sketches to mug shots stored in databases. 4 second dental match Japanese researchers develop a dental x-ray matching system. This system can automatically match dental x-rays in a database, and makes a positive match in less than 4 seconds. 16

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 § Chapter 1 Whenever two objects come into contact with each other, traces of each are exchanged. Kendall/Hunt Publishing Company 17

Crime Scene Team § § A group of professional investigators, each trained in a variety of special disciplines. Team Members § § § Chapter 1 First Police Officer on the scene Medics (if necessary) Investigator(s) Medical Examiner or Representative (if necessary) Photographer and/or Field Evidence Technician Lab Experts pathologist serologist DNA expert toxicologist forensic odontologist forensic anthropologist forensic psychologist forensic entomologist firearm examiner bomb and arson expert document and handwriting experts fingerprint expert Kendall/Hunt Publishing Company MC Mobile Crime Lab 18

Scientific Method (as it pertains to criminalistics) 1. Observe a problem or questioned evidence and collect objective data. 2. Consider a hypothesis or possible solution. 3. Examine, test, and then analyze the evidence. 4. Determine the significance of the evidence. 5. Formulate a theory based on evaluation of the significance of the evidence Chapter 1 Kendall/Hunt Publishing Company 19

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 Chapter 1 Kendall/Hunt Publishing Company 20

Laws that Pertain to the U. S. Criminal Justice System § § § § The U. S. Constitution Statutory Law Common Law or Case Law Civil Law Criminal Law Equity Law Administrative Law Chapter 1 Kendall/Hunt Publishing Company 21

The Bill of Rights Gives individuals the right: § § § § § 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 Chapter 1 § § § § § 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 Kendall/Hunt Publishing Company 22

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. The real story Chapter 1 Kendall/Hunt Publishing Company 23

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. Chapter 1 Kendall/Hunt Publishing Company 24

Evidence Collection – The Fourth Amendment Ø Right of Search and Seizure Regulated Ø “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ” Chapter 1 25

Evidence Collection – The Fourth Amendment (continued) Ø Unlawful Search and Seizure Ø When the court says an individual’s rights were violated, any evidence derived from the search and seizure will be kept out of the criminal case, if the case is against the person whose rights were violated Ø It is very important that evidence is collected lawfully, without an evasion of privacy or with a search warrant, so it will not be ruled inadmissible in court Chapter 1 26

Evidence Collection – The Fourth Amendment (continued) Ø Searching – Was There an Invasion of Privacy? The court will ask two things (if either of these answers is no, then any evidence collected can be admissible in court) Ø Did the owner of the home or property that was investigated or searched expect a “degree of privacy”? Ø Was this expectation of privacy reasonable and legitimate? Chapter 1 27

Evidence Collection – The Fourth Amendment (continued) Ø Search Warrant – a judicial order that authorizes the law enforcement agencies to conduct a search of a location/person and to seize any evidence of a criminal offense. To issue a search warrant police have to show the judge that Ø Probable cause exists that a crime has occurred Ø Evidence or contraband linked to the crime will probably be found on a certain location on 28 Chapter 1 the property or person at issue

Evidence Collection – The Fourth Amendment (continued) Ø Search Warrant Not Needed Ø Consent is given for the search (no warrant is needed, even in the future, once consent is given) Ø Emergency – someone is in danger, or there might be destruction of evidence Ø After an arrest – an officer can search the person and immediate surroundings Ø Plain view – if the police are there legally and evidence is in plain view Ø Reasonable suspicion – if police believe they will find a weapon or drugs on a person or in a 29 Chapter 1 car, they can legally search

Regulations for the Prosecution – Fifth Amendment Ø “No person shall be held to answer for a capital, or otherwise infamous crime, unless on an indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. ” Chapter 1 30

Regulations for the Prosecution – Fifth Amendment (continued) Ø Difficult/Publicized/Capitol Cases Ø Ø In many states, a grand jury (16 – 24 citizens) meets to decide if there is enough evidence before a citizen can even be indicted for a crime The grand jury is an “arm” of the prosecutor office, the defense does not even present at a grand jury Ø Double Jeopardy Ø Ø Chapter 1 It is imperative that every bit of evidence be found in the case before it is brought to trial If a person is found innocent of a crime and more evidence is discovered after the trial, the person cannot be put on trial again for that same crime 31

Regulations for the Prosecution – Fifth Amendment (continued) Ø Due Process – everyone is treated the same Ø Plea Bargaining – even with all the hard work and effort put forth by law enforcement officials toward criminal cases, up to 90% of all cases are plea bargained and never go to trial (Deslich, 2006) Chapter 1 32

Trial Policies – Sixth Amendment Ø “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. ” Chapter 1 33

Trial Policies – Sixth Amendment (continued) Ø Speedy Trial Ø Ø Depends on state statute, but generally 90 – 120 days for an imprisoned defendant, unless waived by the individual The following slow the process: Ø The defendant is out on bail Ø Motions Ø Illness Ø Lack of attorney(s) Ø The defendant can ask for a speedier trial; for law enforcement this is mixed news Ø Speedy trial rules make it imperative to find all of the evidence as soon as possible Ø Delays might be beneficial to law enforcement because they lengthen the evidence collection and analysis time period Chapter 1 34

Trial Policies – Sixth Amendment (continued) Ø Witnesses – any witness for the defense or the prosecution can be subpoenaed to appear in court Ø Informed of Charge Ø Ø Once arrested, a defendant has 72 hours to be arraigned, told what he is charged with, and offer his plea The more evidence collected before the arrest Ø The better it is known Ø What to charge the defendant with Ø The extent of the charges Ø Has implications regarding the amount of the bail Chapter 1 35

Trial Policies – Sixth Amendment (continued) Ø Defense Council Ø A defendant has the right to an attorney ØIf they can’t afford one, the court must provide one ØA defense attorney must know every bit of the prosecutor’s evidence in the case to prepare ØThe defense attorney’s job is to get the defendant freed—any and all evidence and evidence procedures can be questioned; this includes collection, handling, delivery, analysis, testimony, and documentation Chapter 1 36

Trial Policies – Seventh Amendment Ø “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. ” Chapter 1 37

Trial Policies – Seventh Amendment (continued) Ø Impartial Trial by Jury Ø Ø Jury of the individual’s peers is the standard Some evidence and its analysis are very intricate, detailed, and difficult to understand outside of the scientific community; this can help or hurt the defendant Ø United States Court – all courts used for trials should be controlled by the United States government; furthermore, all verdicts handed down by these courts are final (unless appealed to a higher court) Chapter 1 38

The Evidence in Court Ø How evidence is received in a court of law is extremely important to a crime scene professional Ø Because of the Constitution’s view of “innocent until proven guilty” and the rights of the accused, it is crucial that those in law enforcement understand the types of evidence, how it is perceived in court, how to testify to its significance, and the importance of proper evidence collection and handling Chapter 1 39

Power of the Evidence in Court Ø Probative Value Ø Ø Higher value if the evidence can prove something in court The lower the probability of an event, the higher the probative value Ø Probability – the frequency of the occurrence of an event Ø Ø Ø Chapter 1 Defines the odds that a certain event will occur (or the matching of a certain pieces of evidence) Normally found by multiplying the odds Example – if a coin is flipped 100 times and comes up heads 50 times, the probability of coming up heads is 50 out of 100, or 5 out of 10 40

Power of the Evidence in Court (continued) Ø Product Rule – calculate the overall frequency of occurrence of in a population • Example – the OJ Simpson case: Blood factors from a crime scene that match OJ’s blood (Bertino, 2009) Blood Factors A Es. D PGM 2+2 • • Chapter 1 Frequency Decimal of in the Population Frequency (%) 26%. 26 85%. 85 2%. 02 Product Rule – 26 x. 85 x. 02 =. 0044 or 0. 44%, or less than 1 out of 200 people would be expected to have this combination of blood factors Chart explained 41

Types of Evidence in Court Ø Direct Evidence – evidence that establishes a fact Ø Eyewitness testimony or victim’s testimony Ø Confessions Ø Physical evidence found on a person Ø Audio or visual recording of the act or crime Chapter 1 42

Types of Evidence in Court (continued) Ø Indirect Evidence Ø Circumstantial evidence Ø Requires that a judge and/or jury make inferences about what transpired at the scene of a crime Ø Not definitive proof Ø Physical evidence is nearly always circumstantial, so evidence analyzed forensically is mostly circumstantial evidence Ø Chapter 1 Inference example – fingerprints or hairs found at the scene are consistent with that of a perpetrator; jurors may infer that the print or hair belongs to the defendant after this evidence is presented, linking the defendant to the scene 43

Influence of Direct vs. Indirect Evidence Ø Circumstantial evidence is more objective, while direct evidence is subjective Ø In general, direct evidence is not considered to be as reliable as circumstantial evidence Ø Ø Ø Chapter 1 Eyewitnesses can be deficient when identifying perpetrators or remembering certain events Flawed questioning techniques can lead to erroneous testimony and confessions The age of the eyewitness and the passing of time since the event can also lead to faulty testimony 44

Influence of Direct vs. Indirect Evidence (continued) Ø Court research comparing the impact of the type of evidence differs in its results Some research says direct (eyewitness) evidence has a stronger impact on the jury Ø At other times, physical evidence was considered more valid by jurors Ø Some studies suggest that having both types of evidence is no more compelling than having strong evidence of only one type Ø Chapter 1 45

Influence of Direct vs. Indirect Evidence (continued) Ø The forensic scientist should Ø Ø Always be aware of the persuasive nature of eyewitness testimony In no way allow that to interfere with the scientific method when Analyze physical evidence Develop a hypothesis when investigating a crime Ø The direct evidence of a police officer’s testimony (concerning the source of evidence, documentation, and chain of custody) corroborates and strengthens the probative value of physical evidence Chapter 1 46

Categories of Physical Evidence Ø Individual Evidence – evidence that can be linked to a unique, specific source with a very high degree of probability Ø Examples ØMatching ridge characteristics of fingerprints ØMatching striations of two different bullets from the same gun ØThe irregular edges of a broken object (paper, glass, etc. ) that fit together like a jigsaw puzzle (this type of evidence is not found very often) Chapter 1 47

Categories of Physical Evidence (continued) Ø Class Evidence – evidence that can only be associated with a group and never a single source Ø The way to increase the probative value of class evidence is to find as many different types of class evidence as possible to link the suspect to the crime Chapter 1 48

Evidence Admissibility In a Court of Law Ø Not only will the court compare the Bill of Rights to how evidence was collected, but there are court precedents that determine the admissibility of scientific results and how those results are explained in court Ø Chapter 1 Frye v. United States, 1923 – The Frye Standard: the questioned scientific procedure or principles must be “generally accepted” by a majority of the scientific community 49

Evidence Admissibility In a Court of Law (continued) Ø Daughbert v. Merrell Dow Pharmaceuticals, 1993 Ø Verdict replaced the Frye Standard Ø Areas of inquiry by the judge acting as the gatekeeper Ø Can the scientific technique or theory be tested? Ø Has the technique or theory been subjected to peer review? Ø What is the technique’s potential rate of error? Ø Are there standards to control the technique’s operation, and are these maintained? Ø Has the technique or theory attracted widespread acceptance within scientific community? Chapter 1 50

Admissibility of Evidence 1923 Frye v. United States 1993 Daubert v. Dow ý 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. Admissibility is determined by: ý Whether theory or technique can be tested ý Whether the science has been offered for peer review ý Whether the rate of error is acceptable ý Whether the method at issue enjoys widespread acceptance. ý Whether the opinion is relevant to the issue The judge decides if the evidence can be entered into the trial. Chapter 1 Kendall/Hunt Publishing Company 51

Federal Rules of Evidence Expert Testimony Ø Expert Testimony – hearsay from a witness is normally not allowed in court, except in the case of an expert witness Ø Expert Witness – a witness “qualified as an expert by knowledge, skill, experience, training, or education” (Deslich, 2006) may offer expert testimony on a scientific matter if Ø Ø Ø Chapter 1 The testimony is based upon sufficient facts The testimony is the product of reliable principles and methods The witness has applied the principles and methods reliably to the facts of the case 52

Court Significance of Procedures in Evidence Collection and Analysis Ø Every step of the process for collecting, handling, analyzing, transporting, and storing evidence is scrutinized in a court of law. So there are guidelines that must be followed forensic evidence and its results to be admissible in court A systemic search for all evidence must be conducted Ø All evidence must be collected, including large items and trace evidence that must be vacuumed Ø Chapter 1 53

Court Significance of Procedures in Evidence Collection and Analysis (continued) Ø Comparison-type evidence should be collected when possible Ø Reference Samples – should be collected for comparison ØExamples Ø Paint chip from a hit-and-run suspect Ø Blood and hair samples from the victim, suspects, all family members (and pets), and crime scene investigators Ø These reference samples are then available for comparison, elimination, and matching to those unknown specimens collected at the crime scene Chapter 1 54

Court Significance of Procedures in Evidence Collection and Analysis (continued) Ø Proper packaging and separation of evidence is crucial Ø Ø Chapter 1 Cross-contamination (or contact) with other persons or evidence is to be avoided at all cost Proper tools for collection and storage should always be used (envelopes, vials, bags, etc. ) Always follow strict packaging guidelines for all evidence, and never package any two pieces of evidence together Decontamination of personnel between crime scenes is important 55

Court Significance of Procedures in Evidence Collection and Analysis (continued) Ø Chain of Custody – the witnessed, written record of all individuals who had the evidence in their possession from the crime scene to the courtroom; and when, where, and for what purpose this transfer of evidence occurred Ø Ø Ø Chapter 1 The item of evidence itself should be identified; the location, time, and person collecting should also be recorded The evidence container should also be marked for identification, showing the collector’s initials, the location of evidence, and the date it was received by the collector If the evidence is turned over to another individual for any reason (care or delivery), this transfer must be recorded in the notes and/or forms 56

Court Significance of Procedures in Evidence Collection and Analysis (continued) Ø Chain of Custody (continued) Any samples of the evidence taken for testing or any changes in the evidence should be documented immediately Ø Every individual who possesses the evidence must maintain a written record of its acquisition/disposition and may be called to testify in court; this includes individuals from the collection, to delivery, to the laboratory analysis, and then into the courtroom with the prosecuting attorney Ø Chapter 1 57

Court Significance of Procedures in Evidence Collection and Analysis (continued) Ø Chain of Custody (continued) To avoid confusion, the number of individuals involved in the chain of custody, should be kept to a minimum Ø The chain of custody record is often kept as a form on the container or envelope of the evidence Ø Failure to substantiate the evidence’s chain of custody may lead to serious questions regarding the authenticity and integrity of the evidence Ø Chapter 1 58

Types of Crimes § Infraction § Misdemeanor § Felony Chapter 1 Kendall/Hunt Publishing Company 59

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 Chapter 1 Kendall/Hunt Publishing Company 60

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 Chapter 1 Kendall/Hunt Publishing Company 61

“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 Chapter 1 Kendall/Hunt Publishing Company 62