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 CriminologyCriminalistics the scientific

examination of physical evidence for legal purposes.

Criminology 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

700s 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

1200s—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 serologistDNA expert toxicologistforensic odontologist forensic anthropologistforensic psychologist forensic entomologistfirearm examiner bomb and arson expertdocument 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 RightsGives 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 Evidence1923 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. DowAdmissibility is determined by: If theory or technique can be

tested If science has been offered for

peer review If rate of error is acceptable If the method at issue enjoys

widespread acceptance. If the opinion is relevant to the

issueThe 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

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

Students will learn:

Types of EvidenceTwo 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 EyewitnessFactors:

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 InterQuest

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

Pattern Evidence—most are in the form of imprints, indentations, striations, markings, fractures or deposits.

Clothing or article distribution

Gun powder residue Material damage Body position Tool marks Modus operandi

Blood spatter Glass fracture Fire burn pattern Furniture position Projectile trajectory Tire marks or skid marks

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 ofEvidence 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

Blood DNA TypingFingerprints

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

Investigations3. 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

The large piece of glass fits exactly to the bottle; it is individual evidence.

These fibers are class evidence; there is no way to determine if they came from this garment.

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/6th12th/investigates/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 ACRIME 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 OFFICERON 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, mid-range 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 Criminalist: Ann WilsonTime: 11:35 am 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