Chapters 1 and 2 Introduction to Forensic Science

Chapters 1 and 2 Introduction to Forensic Science and Crime Scene Investigation “In school, every period ends with a bell. Every sentence ends with a period. Every crime ends with a sentence. ” —Stephen Wright, comedian

Forensic Science § The study and application of science to matters of law. § “Forensis” meaning forum § Public place where, in Roman times, senators and others debated and held judicial proceedings

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

Crime Lab—Basic Services § Physical Science Unit § Chemistry § Physics § Geology § Biology Unit § Firearms Unit § Document Examination Unit § Photography Unit

Crime Lab—Optional Services § § § Toxicology Unit Latent Fingerprint Unit Polygraph Unit Voiceprint Analysis Unit Evidence Collection Unit

Other Forensic Science Services § § § § Forensic Pathology Forensic Anthropology Forensic Entomology Forensic Psychiatry Forensic Odontology Forensic Engineering Cybertechnology

Major Crime Laboratories § § § FBI DEA ATF U. S. Postal Service U. S. Fish and Wildlife Service

Crime Lab History § First police crime lab in the world § France in 1910 by Edmond Locard § First police crime lab in the U. S. § 1923 in Los Angeles § The Scientific Crime Detection Lab § Evanston, Illinois in 1929 § The first FBI crime lab opened in 1932

Major Developments in Forensic Science History § 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 § 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

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

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.

Crime Scene Team § A group of professional investigators, each trained in a variety of special disciplines. § Team Members § § § 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

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

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

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

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 § § § § § 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

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.

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.

Types of Crimes § Infraction § Misdemeanor § Felony

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

Admissibility of Evidence 1923 Frye v. United States • Admissibility is determined by: • generally accepted by the relevant scientific community • No guidance on reliability • Jury decides if it can be used. 1993 Daubert v. Dow Admissibility is determined by: ý If theory or technique can be tested ý If science has been offered for peer review ý If rate of error is acceptable ý If the method at issue enjoys widespread acceptance. ý If the opinion is relevant to the issue The judge decides if the evidence can be entered into the trial.

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

“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

Types of Evidence “You can learn a lot by just watching. ” —Yogi Berra, former New York Yankees catcher and sage

Evidence Students will learn: § The difference between indirect and direct evidence § That eyewitness accounts have limitations § What is meant by physical evidence and give examples § What physical evidence can and cannot prove in court § The significance of individual and class evidence

Types of Evidence Two general types: § Testimonial—a statement made under oath § Direct evidence or Prima Facie evidence § direct evidence is information that directly addresses the issue at hand. It’s not merely something relevant. It plainly offers an answer to a specific research question. It may not provide as complete an answer as we would like. It may not even provide an accurate answer. But it specifically states something about our problem. It is then up to us to decide its veracity and its weight. § Physical—any object or material that is relevant in a crime § Indirect evidence § Examples: hair, fiber, fingerprints, documents, blood, soil, drugs, tool marks, impressions, glass. § Much of the information we find does not provide an explicit answer to any problem we have defined, yet it can seem potentially relevant―This indirect evidence might support direct evidence found. It might weaken the direct evidence wanted to believe.

Reliability of Eyewitness Factors: § Nature of the offense and the situation in which the crime is observed § Characteristics of the witness § Manner in which the information is retrieved Additional factors: § Witness’s prior relationship with the accused § Length of time between the offense and the identification § Any prior identification or failure to identify the defendant § Any prior identification of a person other than the defendant by the eyewitness

Eyewitness § A police composite may be developed from the witness testimony by a computer program or forensic artist. § “Perception is reality. ” § As a result of the influences in eyewitness memory, physical evidence becomes critical. Faces—a composite program by Inter. Quest

Value of Physical Evidence § § Generally more reliable than testimonial Can prove that a crime has been committed Can corroborate or refute testimony Can link a suspect with a victim or with a crime scene § Can establish the identity of persons associated with a crime § Can allow reconstruction of events of a crime

Reconstruction Physical Evidence is used to answer questions about: § § what took place how the victim was killed number of people involved sequence of events A forensic scientist will compare the questioned or unknown sample with a sample of known origin.

Types of Physical Evidence § Transient Evidence—temporary; easily changed or lost; usually observed by the first officer at the scene § Pattern Evidence—produced by direct contact between a person and an object or between two objects § Conditional Evidence—produced by a specific event or action; important in crime scene reconstruction and in determining the set of circumstances or sequence within a particular event § Transfer Evidence—produced by contact between person(s) or object(s), or between person(s) and person(s) § Associative Evidence—items that may associate a victim or suspect with a scene or each other; ie, personal belongings —Lee and Labriola in Famous Cases, 2001

Examples of Transient Evidence § Odor—putrefaction, perfume, gasoline, urine, burning, explosives, cigarette or cigar smoke § Temperature—surroundings, car hood, coffee, water in a bathtub, cadaver § Imprints and indentations— footprints, teeth marks in perishable foods, tire marks on certain surfaces § Markings

Examples of Pattern Evidence—most are in the form of imprints, indentations, striations, markings, fractures or deposits. § § § Blood spatter Glass fracture Fire burn pattern Furniture position Projectile trajectory Tire marks or skid marks § Clothing or article distribution § Gun powder residue § Material damage § Body position § Tool marks § Modus operandi

Examples of Conditional Evidence § Light—headlight, lighting conditions § Smoke—color, direction of travel, density, odor § Fire—color and direction of the flames, speed of spread, temperature and condition of fire § Location—of injuries or wounds, of bloodstains, of the victim’s vehicle, of weapons or cartridge cases, of broken glass § Vehicles—doors locked or unlocked, windows opened or closed, radio off or on (station), odometer mileage § Body—position, types of wounds; rigor, livor and algor mortis § Scene—condition of furniture, doors and windows, any disturbance or signs of a struggle

Classification of Evidence by Nature § Biological—blood, semen, saliva, sweat, tears, hair, bone, tissues, urine, feces, animal material, insects, bacterial, fungal, botanical § Chemical—fibers, glass, soil, gunpowder, metal, mineral, narcotics, drugs, paper, ink, cosmetics, paint, plastic, lubricants, fertilizer § Physical—fingerprints, footprints, shoe prints, handwriting, firearms, tire marks, tool marks, typewriting § Miscellaneous—laundry marks, voice analysis, polygraph, photography, stress evaluation, psycholinguistic analysis, vehicle identification

Evidence Characteristics § Class—common to a group of objects or persons § Individual—can be identified with a particular person or a single source Fingerprints Blood DNA Typing

Class vs Individual Evidence Which examples do you think could be individual evidence?

Forensic Investigations Include some or all of these seven major activities 1. Recognition—ability to distinguish important evidence from unrelated material § § Pattern recognition Physical property observation Information analysis Field testing 2. Preservation—collection and proper preservation of evidence

Investigations 3. Identification—use of scientific testing § § § Physical properties Chemical properties Morphological (structural) properties Biological properties Immunological properties 4. Comparison—class characteristics are measured against those of known standards or controls; if all measurements are equal, then the two samples may be considered to have come from the same source or origin.

Investigations 5. Individualization—demonstrating that the sample is unique, even among members of the same class 6. Interpretation—gives meaning to all the information 7. Reconstruction—reconstructs the events of the case § § Inductive and deductive logic Statistical data Pattern analysis Results of laboratory analysis —Lee, Dr. Henry. Famous Crimes, 2001

Class vs Individual Evidence § These fibers are class evidence; there is no way to determine if they came from this garment. § The large piece of glass fits exactly to the bottle; it is individual evidence.

People in the News Dr. Henry Lee—Chief Emeritus for Scientific Services and the former Commissioner of Public Safety for the state of Connecticut. He served as that state’s Chief Criminality from 1979 to 2000. Lee was the driving force in establishing the modern forensic lab in Connecticut. He has worked with many high profile cases including O. J. Simpson, Jon Benet Ramsey, and the “wood chipper” case. He is also seen on many of the true crime shows, including his own, “Trace Evidence: The Case Files of Dr. Henry Lee”. Learn more at his website: www. drhenrylee. com/review. shtml

FBI Investigation Read a case investigated by the FBI. Observe the various units of their lab and read the section: “How They Do That? ”. www. fbi. gov/kids/6 th 12 th/investigates. htm

Chapter 2: THE CRIME SCENE “Oh, how simple it would all have been had I been here before they came like a herd of buffalo and wallowed all over it. ” —A. Conan Doyle, in The Boscombe Valley Mystery, 1892

CRIME SCENE Students will learn: § The steps to take when processing a crime scene. § The type of evidence that determines what packaging should be used. § Why the chain of custody must be preserved. Students will be able to: § Isolate, record, and search for evidence at a mock crime scene. § Collect and package evidence at a mock crime scene using to proper forensic procedures.

CORPUS DELICTI “Body of the Crime” You must prove § that a crime occurred § that the person charged with the crime was responsible for the crime Source of Evidence § Body § Primary and/or Secondary Crime Scene § Suspect(s)

CRIME SCENE TEAM § A group of professional investigators, each trained in a variety of special disciplines. § Team Members § § § First Police Officer on the scene Medics (if necessary) Investigator(s) Medical Examiner (if necessary) Photographer and/or Field Evidence Technician Lab Experts

CRIME SCENE INVESTIGATION Based on the scientific method and the Locard Exchange Principle, logic and forensic techniques Involves: § Recognition—scene survey, documentation, collection § Identification—comparison testing § Individualization—evaluation and interpretation § Reconstruction—reporting and presenting

PROCESSING A CRIME SCENE § Isolate and secure the scene § Document the scene § Search for evidence § Collect and package evidence, maintaining the chain of custody § Submit evidence to the crime lab

FIRST OFFICER ON THE SCENE A Assess the crime scene and assist those hurt D Detain the witness A Arrest the perpetrator P Protect the crime scene T Take notes

CRIME SCENE SURVEY Walk-through—performed by the crime scene investigator, the first officer and sometimes the lead detective Purpose: § Mentally prepare a reconstruction theory § Note any transient or conditional evidence that could change over time. § Note weather conditions § Note points of entry or exit, as well as paths of travel within the crime scene § Record initial observations of who, what, where, when, and how § Identify special needs within the crime scene for personnel, precautions or equipment and notify superior officers or other agencies

DOCUMENTATION § Notes—date and time, description of the location, weather and environmental conditions, description of the crime, location of the evidence relative to other key points, the names of all people involved, modifications that have occurred and other relevant information § Photography—photos of scene and surroundings, midrange to close-up photos with various angles of each piece of evidence, photos as viewed by any witnesses. § Sketches—inclusion of date, time, scale, reference points, distance measurements, names of investigators, victims, suspects, and a legend (key) § Videography—allows narration (non-subjective) to be included

SEARCH METHODS § Line or strip method—best in large, outdoor scenes § Grid method—basically a double-line search; effective, but time-consuming § Zone method—most effective in houses or buildings; teams are assigned small zones for searching § Wheel or ray method—best on small, circular crime scenes § Spiral method—may move inward or outward; best used where there are no physical barriers

CRIME SCENE SKETCH Date: August 14, 2005 Time: 11: 35 am Criminalist: Ann Wilson Location: 4358 Rockledge Dr, St. Louis, Mo. N

COLLECTING AND PACKAGING EVIDENCE § One individual should be designated as the evidence collector to ensure that the evidence is collected, packaged, marked, sealed, and preserved in a consistent manner § Each item must be placed in a separate container, sealed, and labeled § Most fragile is collected and packaged first § Different types of evidence require specific or special collection and packaging techniques § The body is the property of the coroner or medical examiner. The collection of evidence on the body is done by that department

PACKAGING Most items should be packaged in a primary container and then placed inside a secondary one. These are then placed inside other containers such as paper bags, plastic bags, canisters, packets and envelopes depending on the type and size of the evidence.

CHAIN OF CUSTODY There must be a written record of all people who have had possession of an item of evidence. § The evidence container must be marked for identification § The collector’s initials should be placed on the seal § If evidence is turned over to another person, the transfer must be recorded.

CRIME SCENE RECONSTRUCTION Stages § Data collection § Hypothesis formation § Examination, testing and analysis § Determination of the significance of the evidence § Theory formulation

INVESTIGATORS “The wise forensic investigator will always remember that he must bring all of his life experiences and logic to find the truth. This means common sense, informed intuition, and the courage to see things as they are. Then he must speak honestly about what it adds up to. ” —Dr. Henry Lee Chief Emeritus for Scientific Services and the former Commissioner of Public Safety for the state of Connecticut

THE MEDICAL EXAMINER AND THE CORONER § A medical examiner is a medical doctor, usually a pathologist and is appointed by the governing body of the area. There are 400 forensic pathologists throughout the U. S. § A coroner is an elected official who usually has no special medical training. In four states, the coroner is a medical doctor.

MEDICAL EXAMINER’S RESPONSIBILITIES § Identify the deceased § Establish the time and date of death § Determine a medical cause of death—the injury or disease that resulted in the person dying § Determine the mechanism of death—the physiological reason that the person died § Classify the manner of death § § § Natural Accidental Suicide Homicide Undetermined § Notify the next of kin

THE CORPSE “The way I see it, being dead is not terribly far off from being on a cruise ship. Most of your time is spent lying on your back. The brain has shut down. The flesh begins to soften. Nothing much new happens, and nothing is expected of you. ” —Mary Roach. Stiff. W. W. Norton & Company. 2003

PEOPLE IN THE NEWS Dr. Michael M. Baden is a renowned pathologist and was the Chief Medical Examiner in NY City and for Suffolk County. Dr. Baden was on the panel that investigated the assassinations of president John F. Kennedy and Dr. Martin Luther King, Jr. He has been involved as an expert in forensic pathology in many cases of international interest including: • • • The remains of Tsar Nicholas of Russia and his family The Claus Von Bulow murder trial Expert witness for the defense in the O. J. Simpson trial Re-autopsy of Medgar Evers, Civil Rights leader Re-examination of the Lindberg Kidnapping and murder Autopsies of the victims of TWA Flight 800 Dr. Baden is the host of HBO’s Autopsy series and is featured on many of the crime talk shows.

MORE INFORMATION For additional information on crime scene investigation, check out Court TV’s Crime Library: www. crimelibrary. com/criminal_mind/forensics/crimescene/5. html On Michael Baden and the autopsy: www. crimelibrary. com/criminal_mind/forensics/autopsy/1. html