Amber Dror

23/09/14

FORENSICS: TEST #1
FORENSIC SCIENCE:
the study and application of science to matters of law
CRIMINALISTICS VS CRIMINOLOGY:
criminalistics: the scientific examination of physical evidence for legal purposes
criminology: studying the crime scene for motive, traits, and behaviour that will help to
interpret the evidence
BRANCHES OF FORENSICS:
forensic pathology, forensic anthropology, forensic entomology, forensic psychiatry,
forensic odontology, forensic engineering, cybertechnology, geology, environmental
science, polynology, polygraphy, voiceprint analysis
THE LOCARD PRINCIPLE:
Edmond Locard:
o French professor
o considered the father of criminalistics and modern forensics
o built the worlds first forensic laboratory in France
Locards Exchange Principle
o whenever two objects come into contact with each other, there is always a transfer
of materials
TYPES OF LAW:
constitutional law, statutory law, common law or case law, civil law, criminal law, equity
law, administrative law
CIVIL VS CRIMINAL LAW:
CIVIL LAW
deals with relationships
private law
provides formal means for regulating noncriminal regulation

CRIMINAL LAW
deals with regulation
public law
concerned with offences against an
individual that are deemed offensive to
society

BILL OF RIGHTS (CHARTER OF RIGHTS AND FREEDOMS):

gives individuals rights
MIRANDA RIGHTS (CAUTIONS):
a warning given by police in the United States to criminal suspects in police custody (or in
a custodial interrogation) before they are interrogated to preserve the admissibility of
their statements against them in criminal proceedings
steps in lawful arrest (Canada):
o 1) notice of arrest (identify themselves)
o 2) advise the accused they are under arrest for

o 3) caution #1: right to counsel

o 4) caution #2: right to remain silent
o 5) physical touching/apprehending (in custody)
TYPES OF CRIMES:
infraction: minor offense or petty crime
o penalty is usually a fine
misdemeanor: minor crime
o punishable by fine or jail
felony: major crime
o punishable by fines and/or more than one year in prison
FEDERAL RULES OF EVIDENCE:
in order for scientific evidence to be admitted in a court of law, it must be:
o probative: actually proves something
o material: addresses an issue that is relevant to the particular crime
THE FRYE STANDARD:
scientific evidence is allowed into the courtroom if it is generally accepted by the relevant
scientific community
o 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
THE DAUBERT RULING:
judge decides if the evidence can be entered into the trial
admissibly is determined by:
o whether the theory or technique can be tested
o whether the science has been offered for peer review
o whether the rate of error is acceptable
o whether the method at issue enjoys widespread acceptance
o whether the theory or technique follows standards
THE EXPERT WITNESS:
the expert witness presents scientific evidence in court
he/she will:
o establish credibility through credentials, background experience
o evaluate evidence
o render an opinion about the evidence
the judge may accept or reject the opinions significance
FACETS OF GUILT:
to prove a case, the MMO must be established; it must be shown that the suspect had:
o motive: person had a reason to do the crime (not necessary to prove in court of
law)
o means: person had the ability to do the crime
o opportunity: persona can be placed at the crime scene
CLASSIFICATION OF EVIDENCE:
testimonial evidence: statement made under oath (also known as direct evidence or prima
facie evidence)

physical evidence: any object or material that is relevant in a crime (also known as
indirect evidence)
o translent evidence: temporary, easily changed or lost, usually observed by the first
officer at the scene (e.g. odour, temperature, imprints and indentations)
o pattern evidence: produced by direct contact between a person and an object or
between two objects
o conditional (circumstantial) evidence: produced by a specific event or action,
important in crime scene reconstruction and in determining the set or
circumstances or sequence within a particular event (e.g. light headlight, lighting
conditions, lights on and off; smoke colour, direction of travel, density, odour;
body position and types of wounds)
o transfer evidence: produced by contact between person(s) and object(s), or
between person(s) and person(s)
o associative evidence: something that may associate a victim or suspect with a
scene or with each other (e.g. personal belongings)
o e.g. hair, fiber, fingerprints, documents, blood, soil, drugs, toolmarks, impressions,
glass

EVIDENCE CHARACTERISTICS:
individual: can be identified with a particular person or a single source (e.g. fingerprints, 2
pieces of glass)
class: common to a group of objects or persons (e.g. blood DNA typing, fibres from
garment)
PROBABLE CAUSE:
reasonable grounds (for making a search, pressing a charge, etc.)
the standard by which an officer or agent of the law has the grounds to make an arrest, to
conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal
charges are being considered
the standard to which a grand jury believes that a crime has been committed
PROBATIVE VS MATERIAL VALUE
probative value: evidence which is sufficiently useful to prove something important in a
trial
o however, probative value of proposed evidence must be weighed by the trial judge
against prejudicing in the minds of jurors toward the opposing party or criminal
defendant
material value: evidence relevant to the issue before court: applied esp. to facts or
testimony of much significance
o e.g. material value