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Chapter 1 Introduction to
Forensic Science
and the Law

Objectives
After reading this chapter, you will understand:

• How crime labs in the United States are

organized and what services they provide.
• 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.

You 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.

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“In school, every period ends with a bell.

“CO_quote.”
Every sentence ends with a period. Every
—CO_quote_source
crime ends with a sentence.”
—Stephen Wright, comedian

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What Is Forensic Science?

Teacher Note
The TRCD for this chapter Forensic science is the study and application of science to matters of law.
includes a PowerPoint
Forensic scientists examine the associations among people, places, things,
presentation, which is an
overview of the chapter. It can and events involved in crimes. You can use the terms forensic science and
be used as introductory material criminalistics interchangeably.
or at the end as a
review. Forensic scientists use crime labs to help them
The TRCD also criminalistics: the examine evidence. Most crime labs include several
contains a examination of physical evidence. departments:
crossword puzzle The term forensics may also include
that can be used broader areas of investigation, physical science photography
after students such as pathology. (including chemistry, toxicology and drug
have learned the
evidence: anything that tends physics, and geology) analysis
vocabulary from this
chapter. to establish or disprove a fact. biology fingerprints
Evidence can include testimony,
documents, and other objects. ballistics trace evidence
ballistics: the science that document examination
deals with the motion, behavior,
and effects of projectiles, most A forensic scientist’s main job is to study the different
often firearms and bullets types of evidence found at a crime scene. When
evidence is brought into the lab, the first task is to
identify what it is and then to attempt to determine
its origin. Where did the evidence come from?
The word forensic is derived How did it get there? The forensic scientist must
from the Latin forensis meaning
forum, a public place where, be ready to testify as an expert witness at a trial or
in Roman times, senators and hearing. In this role, he or she presents data, weighs
others debated and held judicial evidence, and gives an impartial opinion to the court.
proceedings. A forensic scientist also performs scientific research
and trains others in the area of forensic science.
Forensic scientists come from many backgrounds; many have studied
biology or microbiology, chemistry, physical science, geology, or one of
the other sciences. They then learn about forensics through experience
and independent study. Many have advanced degrees in forensic science.
Some forensic scientists learn their profession through experience with a
police force.

Crime Laboratories
The vast majority of crime labs are public, that is, funded by taxes at
the federal, state, or local level. Most public labs provide services for
police, prosecutors, and other law enforcement agencies. Private labs
exist and can be accessed for a fee by public agencies or private citizens.

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Sometimes public labs can be used by legal defense teams and private
citizens, but these users must pay a fee. Most labs are maintained by
Suggested Assignment
the states for individual regions. Large cities, such as New York and Los
Angeles, may have their own labs, while local labs may serve county and Have students conduct research
on their local and state crime
municipal agencies. labs. In the form of an essay
The Department of Justice maintains the FBI, DEA, and ATF or a research paper, have
them address the following
laboratories. The Federal Bureau of Investigation (FBI) maintains components:
the largest crime laboratory in the world. The Drug Enforcement 1. Location of the labs
Agency (DEA) operates seven labs throughout the country. These 2. Number of people employed
labs work mainly on investigating major illicit drug activities inside in the labs
and outside the United States, but may also work with local law 3. Services provided
enforcement agencies on joint operations. The Bureau of Alcohol, 4. Number of cases processed
Tobacco, and Firearms (ATF) operates three regional laboratories and per year
a fire research laboratory. The ATF deals with crimes involving alcohol, 5. The most common types of
evidence analyzed
weapons, explosives, tobacco, and organized crime. The Department
This assignment will give
of the Treasury maintains a lab for the Internal Revenue Service (IRS) students an idea of the scope
specializing in questioned documents. The U.S. Postal Service has its of their local crime lab’s
own lab to handle crimes involving the mail. The Department of the capabilities and the number and
Interior maintains the U.S. Fish and Wildlife Service lab specializing types of cases processed there.
in crimes involving animals, such as poaching and
importing endangered species, and crimes in national parks. GO TO [Link]
The Department of Homeland Security now maintains the TOPIC crime laboratory
Secret Service lab, which has two CODE forensics2E5
main duties: One is to guard against
counterfeiting and the other is to
provide executive protection.

Chemistry section of a crime lab

Research crime lab at Michigan State University

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State or local crime laboratories may have the following divisions

and functions:

• A physical science unit to examine drugs, soil, glass, paint, blood

spatter patterns, and other trace physical evidence using chemistry,
physics, or geology.
• A firearms unit to examine tool marks, weapons, firearms, and bullets.
• A document analysis unit to examine handwriting, typewriting, word
processing and computer applications, paper, and ink.
• A biology unit to analyze body fluids, DNA, blood factors, hair, fibers,
and plant life using biology, biochemistry, and microbiology.

Some larger crime laboratories may also have units specializing in

photography, toxicology (poisons), latent fingerprints, polygraphs, arson,
and evidence collection.
Sometimes forensic scientists may consult with other scientists who
specialize in specific disciplines such as:

anthropology
odontology: in forensics, psychiatry
examination of bite marks and odontology
dental identification of corpses
engineering
pathology: investigation of
sudden, unexplained, or violent computer technology
death pathology
entomology: the study of geology
insects environmental science
palynology: the study of entomology
pollen and spores
palynology
polygraphy: the use of the
“lie detector” polygraphy
voiceprint analysis

Highlights in the History of

Forensic Science
History is not an isolated list of dates, but the story of events and people.
Advances in any area of study come from previous ideas and discoveries,
and sometimes from other areas that seem to be unrelated. And so it is
with forensic science. For example, the development of spectroscopy by
Kirchhoff and Bunsen in a German lab almost 150 years ago created a

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way to identify different drugs. Here are other highlights in the history of
forensic science:

about A bead and wire abacus is the first computer.

500 CD
about According to legend, Archimedes determines density of a suspected
200 CD gold crown using its weight and how much water it displaces. 500 CDabacus

BE 66 Emperor Nero murders his wife and presents her head on a dish
to his mistress, who identifies the head as Nero’s wife by two
discolored front teeth.
142 Gunpowder is first described in China. Archimedes’ gold crown
904 The Chinese first use gunpowder in warfare as incendiary
projectiles called “flying fires.”
1132 Gunpowder is used in thick bamboo to fire clay pellets; bamboo
later replaced by bronze, and clay replaced with iron balls.
1149 King Richard I of England creates the job of coroner to
investigate questionable deaths.
1216 The first written mention of the composition of gunpowder in
Europe by Roger Bacon.
1248 The Chinese book Hsi Duan Yu describes how to distinguish Nero’s wife, Octavia
a drowning victim from one who has been strangled. Also
mentioned is a stabbing solved by observing flies attracted to
blood on the killer’s sickle.
1300 Portable, handheld “cannons,” or gonnes, are developed.
1514 The earliest known use of blood spatter evidence is a trial in
London in which the defendant, Richard Hunne, had been jailed
for heresy and was then convicted of suicide, post mortem.
1540 Rifling appears in firearms.
1598 Fortunatus Fidelus is the first to practice forensic medicine in Italy.
A figure firing a “handgonne,”
1609 Francois Demelle publishes the first treatise on systematic from a 1410 manuscript
document examination.
1628 Birth of Italian Marcello Malpighi, credited with noticing
patterns in the skin of fingers.
1642 Blaise Pascal, at age 18, builds the first numerical calculating
machine.
1668 Analysis of blowfly infestation of rotting meat allows Francesco
Redi to refute the hypothesis of “spontaneous generation” of
Blowfly
maggots.

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1670 The first high-powered microscope is

constructed by Anton Van Leeuwenhoek of
Holland.
1732 Luigi Galvani discovers that the human nervous
system transmits information electrically; this is
the basis of current “lie detection” equipment.
1735 Carl Linnaeus, also known as Carl von Linné,
publishes the first edition of Systema Naturae
in the Netherlands. He is often called the
“Father of Taxonomy” for his introduction of Galvani’s apparatus
used on frog legs
Leeuwenhoek’s microscope a system of hierarchical classification.
1776 The body of General Joseph Warren, killed at the Battle of
Bunker Hill, June 17, 1775, is disinterred from a mass grave and
identified by Paul Revere, who had made his false teeth.
1784 The first documented case of physical matching occurs when an
Englishman is convicted of murder because the torn edge of a wad
of newspaper in a pistol matches a piece remaining in his pocket.
1810 First recorded use of questioned document analysis involving a
chemical test for a particular ink dye.
1810 The first detective force, the Sûreté, is established in Paris.
1813 Mathiew Orfi la, considered the father of modern toxicology,
Carl Linnaeus’s publication on publishes his book on the subject. Poisoning was a popular way
the science of taxonomy of dispatching people.
1816 A farm laborer is convicted of murder based upon impression
evidence.
1832 Charles Babbage invents his “Analytical Engine,” the forerunner
of modern computers.
1835 Scotland Yard, London’s detective
force, is the first to use bullet Dark deposit
comparison to catch a murderer.
1836 James Marsh discovers a very Zinc
sensitive chemical test to detect Test solution
arsenic compounds.
A Babbage-type computing machine
1836 The first multishot pistol is Marsh test apparatus
developed by Samuel Colt. By
the time of his death in 1862, he had made and sold almost a
million guns.
1840 Forensic toxicology is first used to convict Marie Lafarge, by use
The 1873 Colt “Peacemaker”
of the Marsh test, of poisoning her husband with arsenic.

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1841 Edgar Allan Poe’s short story, The Murders

in the Rue Morgue, is the first detective story In 1849 J. W. Webster, professor
of chemistry at Harvard, was
using forensic science, influencing future accused of murdering George
authors including Arthur Conan Doyle. Parkman, M.D. The body had
been dismembered and the
1847 The earliest examination of hairs in a head burned in a furnace;
criminal investigation in the murder of the however, blocks of porcelain
Duchesse de Praslin. teeth were found in the
ashes. Dr. Parkman’s dentist
1850 For the first time, a murderer is convicted in recognized the dentures as some
the United States based on dental evidence. he had made for the victim.
Eventually Webster confessed
1852 Earliest reported case involving fiber analysis and was hanged.
where the fibers of the victim’s clothes
matched those on the murder weapon.
1853 Soil on suspect’s boots matches that at the crime scene.
1855 First use of forensic entomology to estimate postmortem interval
(PMI) by a French doctor, Bergeret d’Arbois.
1856 William Herschel, working in India, uses thumbprints on
documents to identify workers. Kirchhoff and Bunsen’s
spectroscopy apparatus
1859 Gustav Kirchhoff and Robert Bunsen develop the science of
spectroscopy.
1863 The first presumptive test for blood is developed, using the fact
that hemoglobin oxidizes hydrogen peroxide.
1863 One of the earliest recorded cases involving simple firearms
identification occurs during the United States Civil War, when
Confederate General Stonewall Jackson is fatally wounded on
the battlefield. Examination of the caliber and bullet shape Minie ball
determines that the bullet could only have been fired by one of
his own men: The Confederates used a 67-caliber ball projectile,
whereas the Union forces used a 58-caliber minie ball.
1879 Frenchman Alphonse Bertillon develops a system to identify
people using body measurements.
1880 Scotsman Henry Fauld, working in Tokyo, uses fingerprints to Fingerprint
exonerate an innocent burglary suspect.
1886 Paul Vieille invents a smokeless gunpowder called Poudre B
which revolutionizes the effectiveness of small guns and leads to
more recipes.
1887 Arthur Conan Doyle publishes his first Sherlock Holmes story,
A Study in Scarlet.
1888 American George Eastman invents the first handheld camera. He
calls it the “Kodak” camera and retails it for $25. Sherlock Holmes

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A couple confessed to murdering a man named Gouffe for his money. A body found in
a sack in the Rhone River some time later was identified as the victim by Lacassagne
through some remarkable detective work. He established that the murder victim had
walked with a limp and had suffered from inflammation of one ankle and water on
the knee. The corpse’s height and age were assessed through his bones and teeth. All
these details were the same as for the murdered man, but Gouffe had had brown hair,
and the corpse’s hair was black. Lacassagne had observed in previous studies that
hair could change color inside a coffin. When it was learned that the murderers had
originally placed the body in the sack in a trunk, which had broken open in the river,
the identification was complete.

1888 Chicago is the first U.S. city to adopt the Bertillon system of
identification.
1889 Alexandre Lacassagne publishes a text on matching bullets to
individual gun barrels.
1892 Francis Galton, a nephew of Charles Darwin, publishes his book
on fingerprints and their use in solving crimes.
1892 Argentina becomes the first country to replace the Bertillon
system of measurements with fingerprints when Juan Vucetich
solves a particularly gruesome murder using bloody fingerprints.
1894 Alfred Dreyfus is convicted of treason in France based, in part, on
1892 Galton book mistaken handwriting identification by Bertillon.
1894 Doctor Jean Pierre Mégnin presents his theory of successional
insect waves inhabiting a corpse.
1895 Two Canadian researchers start a number of systematic
entomological studies on human corpses.
1896 Edward Henry develops the prototype fingerprint classification
system now used in Europe and the United States.
1898 Photomicrographs of two bullets allow individualization of the
minutiae.
1900 Scotland Yard adopts the Galton–Henry system of fingerprint
identification.
1900 Austrian Karl Landsteiner
Table 1.1: Landsteiner’s Blood Groups
identifies human blood
groups. In 1930 he Blood Type Antigens Antibodies
receives a Nobel Prize for
A A B
this work (see Table 1.1).
B B A
1901 Paul Uhlenhuth develops
AB A&B None
the precipitin test,
which distinguishes O None A&B

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between human and animal blood. The test is used in the murder
conviction of Ludwig Tessnow in the same year.
1902 Harry Jackson, a burglar, becomes the first Englishman to be
convicted solely on the basis of fingerprints.
1903 Two convicts with the same name and same anthropometry
(Bertillon) measurements are found in Fort Leavenworth prison.
Two years later, their fingerprints are found to clearly distinguish
between them.
1903 The New York City Police Department starts to create fingerprint
fi les of arrested persons. This system is adopted by the New York
State prison system two years later.
1903 Russian botanist Mikhail Tswett invents chromatography.
1904 Edmond Locard formulates his famous principle, “Every contact Tswett’s chromatography
leaves a trace.” apparatus, 1903

1904 Presumptive test for blood is developed based on benzidine, a

new chemical developed by Merck.
1905 President Theodore Roosevelt establishes the FBI.
1906 Bite mark evidence is first used in an English court to convict two
hungry burglars using teeth marks found in cheese at the scene.
1907 The first recorded instance of fired cartridge casings being
evaluated as evidence in an investigation of a brawl involving U.S.
soldiers at Brownsville, Texas.
1910 The first police crime laboratory is started in Lyon, France, by
Edmond Locard.
1910 Victor Balthazard publishes the first comprehensive study of
human and animal hair. He also uses photographic enlargements
Edmond Locard, 1877–1966
of bullets and cartridge cases in an attempt to connect an
individual bullet to a particular weapon.
1910 American Albert Osborne publishes the seminal treatise
Questioned Documents.
1915 Italian Leone Lattes develops a method for determining the
blood group of dried bloodstains.
1920s Luke May, one of the first American criminalists, pioneers
striation analysis in tool mark comparisons.
1920s Russian palaeontologist Mikhail Gerasimov develops a method to
reconstruct facial appearance from a skull. He is later popularized
as the character Andreev in the detective novel Gorky Park. Human hair

1920s German investigator Georg Popp uses botanical and soil

identification in solving a crime.

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1921 The first lie detector is built by

In ancient India a
grain of rice could be John Larson, a University of
used as a lie detector. California medical student.
The suspect was
asked to chew a grain 1922 A Nobel Prize is awarded to
of rice and then spit Englishman Francis Aston for
it out. A suspect who developing the mass spectrometer.
couldn’t do it because
his or her mouth was 1923 The Los Angeles Police
too dry was declared Department establishes the first
guilty. Lie detector polygraph
police laboratory in the United
States.
1923 In the court case Frye v. United States, polygraph test results are
ruled inadmissible, bringing about the concept of “general
acceptance,” or evidence accepted by the scientific community.
1925 The comparison microscope for use in bullet comparison is
perfected, and its use is widely publicized in the Sacco and
Vanzetti trial of 1926.
Matching striations of bullet with 1929 The infamous St. Valentine’s Day Massacre occurs when seven
comparison microscope gangsters are gunned down. Examination of all firearms-related
evidence dispels the rumors that police were involved.
1932 The FBI crime laboratory is created.
1935 In Scotland, blowfly larvae provide a vital clue in the murders of
Dr. Ruxton’s wife and maid.
1937 Walter Specht finds that the chemical luminol glows in contact
with latent blood.
1940 Landsteiner and Wiener
The Thompson submachine gun
describe Rh blood groups.
often used by gangsters 1940 The Complex Number
Calculator, the first digital
computer, is demonstrated at Voice sound spectrum
Bell Labs.
1941 Voiceprint identification is first studied at Bell Labs in New Jersey.
1946 The Electronic Numerical Integrator and Computer, ENIAC, is
dedicated. It contains 18,000 vacuum tubes in cabinets
8' ⫻ 100', weighing 80 tons. It can do 5,000 additions and 360
ENIAC multiplications per second.
1948 The American Academy of Forensic Sciences (AAFS) meets for the
first time in Chicago and soon publishes the Journal of Forensic Science.
1948 Keith Simpson launches the science of bite mark analysis (forensic
odontology) when he examines bite marks on a dead woman.

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1952 British researchers Martin and Synge receive the Nobel Prize for
their invention of gas-liquid partition chromatography, a
powerful method of analyzing mixtures of drugs and poisons.
1954 R. F. Borkenstein, a captain in the Indiana State Police, invents
the Breathalyzer for field sobriety testing.
1955 De Saram publishes careful and detailed measurements of body
temperature decrease in executed prisoners to determine time
since death.
1955 The murder trial of Dr. Sam Sheppard publicizes blood spatter
evidence, and inspires several movies, television programs, Breathalyzer
and books.
Sugar
1957 The growth stages of skeletal bones are identified by G A
Phosphate
Americans Thomas Mocker and Thomas Stewart, Backbone
forming the basis of forensic anthropology. Base pair
1959 James Watson and Francis Crick discover the DNA G C

double helix. Adenine T A

1960s Maurice Muller adapts the Ouchterlony antibody- Nitrogeous

G C base
antigen diffusion test for precipitin testing to
Thymine T A

determine species. A

1960 Gas chromatography is used for the forensic

Guanine G C
identification of petroleum products. T A

A
1961 Hungary becomes the first country in Europe to carry
out research on the subject of lip prints. Cytosine G C

T A
1967 The FBI inaugurates the National Crime Information A T
Center (NCIC), the first national law enforcement
computing center with information on wanted persons DNA double helix
and stolen vehicles, weapons, and other items of value.
1969 The Association of Firearm and Tool Mark Examiners (AFTE)
is formed.
1972 Body armor made of Kevlar is introduced. It is currently credited
with saving the lives of more than 2,000 police officers since Lip pattern, branching grooves
inception.
1972 Dr. William M. Bass starts the Forensic Anthropology Center,
otherwise known as “The Body Farm,” at the University of
Tennessee.
1973 Canada’s Royal Canadian Mounted Police (RCMP) finish
computerizing their fingerprint fi les.
1975 The Federal Rules of Evidence are enacted.

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1976 Gas chromatography–mass spectrometry (GC-MS) is first

evaluated for forensic purposes.
1977 The Fourier transform infrared spectrophotometer (FTIR) is
adapted for use in the forensic laboratory.
1977 In Japan, investigators accidentally discover that superglue reveals
latent fingerprints.
1977 The Internet is born.
1977 A limited computerized scanning mechanism is first used to
develop a database in forensic science by the FBI’s Automated
Fingerprint Identification System (AFIS).
1978 Britain’s Yorkshire Ripper case highlights the value of computers
in investigating serial killings and leads to the development of
“psychological profi ling” techniques in the following decade.
1979 Bite mark evidence is a key in convicting serial killer Theodore
“Ted” Bundy.
1981 IBM introduces its personal
Replica of Ted Bundy’s teeth
computer (PC) for use in the
home, office, and schools.
1982 The term serial killer is first
used to describe a killer
who kills repeatedly and
obsessively, on separate
occasions.
IBM’s 1050
1984 Professor Alec Jeffreys
discovers that each human
being has unique DNA, except
in the case of identical twins.
1986 The polymerase chain
reaction (PCR) DNA
replication technique is
developed specifically
for forensic use by Cetus
DNA fingerprint
Corporation.

Peter Sutcliffe, called the Yorkshire Ripper, was arrested in 1981 after killing 13 women
in northern England. He battered his victims with a ball-peen hammer and then stabbed
them. If descriptive details about Sutcliffe, such as shoe size, blood type, and the like, had
been stored on a computer, he probably would have been questioned further when he was
picked up the first time, and the detectives working on the case later would have known
that he had been interviewed before. Thus, a few lives could have been saved.

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1987 DNA profi ling is used to identify Colin Pitchfork as the

murderer of two girls in England and to exonerate someone
previously suspected of the murder. Three months later, the
same techniques are applied to convict Tommy Lee Andrews for a
series of sexual assaults in Florida.
1989 In the United States, Gary Dotson becomes the first person to
have a conviction overturned on the basis of DNA evidence.
Dotson had served eight years of a 25- to 50-year sentence for rape.
1990 Author Patricia Cornwell’s first novel, Postmortem, is published.
It features good forensic science, as do more than ten of her
subsequent books.
1990 The first prosecution under the federal computer crime statute is
for a release of a “worm” into the Internet by a graduate student.
1991 A computerized, automated imaging system is introduced for
comparing marks of bullets and shell casings. It is called the
Integrated Ballistics Identification System, or IBIS. The following
year, a similar system, called DRUGFIRE, is introduced in the FBI.
1992 DNA short tandem repeats (STR) are used in forensic DNA analysis.
1993 In the court case of Daubert v. Merrell Dow, the court changes the
standard of admission of scientific evidence.
1995 eBay is founded by a French-born Iranian computer programmer.
1996 Computerized searches of the AFIS fingerprint database are
implemented by the FBI, using both live scan and card scan devices.
1996 Mitochondrial DNA typing is admitted in a U.S. court for the
first time.
1998 An FBI index of DNA profi les called NDIS (National DNA Index
System) is incorporated with CODIS (Combined DNA Index
System).
1999 AFIS is further refined to form IAFIS, Integrated Automated
Fingerprint Identification System.
1999 IBIS and DRUGFIRE are combined to form the National
Integrated Ballistics Identification Network (NIBIN).
2001 USA PATRIOT Act of 2001 allows for the search and seizure of
computers. Bullets

2002 CODIS enables the first match between NDIS and a DNA profi le
from Florida, resulting in an arrest and conviction.
2007 The largest AFIS repository in America is operated by the
Department of Homeland Security’s U.S. Visit Program,

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containing over 63 million persons’ fingerprints, primarily in the

form of two-finger records.
2007 There are now approximately 400 crime labs and nearly 40,000
people involved in forensic science in the United States.

Suggested Assignment
Give students a time range from Methodology
which to choose a historical
event of interest and research A fundamental principle of investigation for every crime scene comes from
the topic. Depending on how Edmond Locard, a forensic investigator in the early 1900s. Locard strongly
many students you have in
believed that a criminal could be connected to a crime by trace evidence
class, you may wish to divide
the timeline into blocks of years collected at the crime scene. He stated:
so that the topics are spread Whenever two objects come into contact, there is always a transfer
over the entire period and not
concentrated in one decade.
of material. The methods of detection may not be sensitive enough
Create a poster including the to demonstrate this, or the decay rate may be so rapid that all
following components: evidence of transfer has vanished after a given time. Nonetheless,
1. The date and title the transfer has taken place.
2. Graphics (drawing, photo, The forensic scientist must be methodical in his or her work. He or she
sketch, table, or graph)
must first observe general characteristics of the evidence and then observe
3. A one-page summary
overview of the discovery or more specific features. He or she must link evidence to a crime and to the
significant event suspects by identifying and comparing relevant material.
4. A description of how the
discovery contributed to
modern-day forensic science
and analysis of evidence
The posters can then be
presented individually to the
class, and then posted in the
room or outside the classroom
as a timeline. Students should
learn in more detail some of the
history of forensic science.

Scientist using microscope

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Scientists solve problems using an approach known as the scientific

method. It includes the following steps:

1. Observe a problem or questioned evidence and collect objective data.

2. Consider a hypothesis or possible solution to the problem based on
observation, giving direction to the work plan. This step requires
inductive reasoning, experience, and imagination.
3. Examine, test, and analyze to support or refute the hypothesis.
4. Use deductive reasoning to make a determination as to the significance
of the evidence.
5. Evaluate and verify all evidence. This step is especially critical to a
forensic scientist because someone’s liberty can depend on this work.
All possible errors must be stated. Consideration must be given to
standardization, reproducibility, validity, reliability, and accuracy.

Finally, the forensic scientist must come up with a theory or opinion that is
able to stand up to scientific and legal scrutiny.

The Locard Principle Activity 1.1

You are sitting at your desk. What are you in contact with? What possible Possible Answers
transfer of material could have taken or is taking place? Make a list. How Contact at desk from the floor
could you have prevented any transfer if you had thought about it first? to the seat to the desktop to
What transferred material could be traced to you directly? objects thereon. Possible transfer
of footprints, fibers from clothing,
Think about when you came to school today. Did you leave any evidence that hair, fingerprints, pencil, etc.
you were here other than being observed by others (eyewitness accounts)? Prevention: Don’t come to class;
Is it difficult not to leave a trace? And, after the fact, is there lots to otherwise, wear booties, gloves,
and hat; spread plastic on the
worry about from leaving evidence of your presence? Do you think chair and desktop (but that
premeditated contact can diminish identifiable transfers? Give some might leave a trace identifiable
hypothetical examples where destroying evidence might leave more that to the person who brought in
could identify you. the plastic to sit on). What can
be traced to the individual:
fingerprints, chewing gum (under
desk). At school today, other
than classroom transfers: lunch
stuff (fingerprints, DNA, tooth
marks), cigarette butt outside
Criminal Justice and the Law school, vehicle, notes, cell phone
calls, stuff in locker. Hypothetical
Laws have been established to regulate relationships between individuals examples: Use your imagination,
such as wiping fingerprints with a
and between organizations or agencies and individuals. These codes handkerchief that is left behind,
of conduct have been in existence since the beginning of civilization in wiping up blood with a blanket
one form or another and are based on what a particular society deems from your car, vacuuming trace
important. Modern laws are a result of a long history of social customs, evidence and leaving behind
fingerprints on the emptied
rules, practices, legal decisions, and rulings that are considered acceptable. cleaner, etc.

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The United States Constitution is the supreme document

and final authority on laws pertaining to individual
rights, and on the power of the government to create laws
and to create limits on punishments. The Constitution
itself does not contain a list of all laws that govern our
country. It must be interpreted in deciding whether new
or existing laws are acceptable based upon the ideals of
our core democratic principles. All federal laws overrule
state laws.
United States Constitution There are a number of different types of law in the U.S.
criminal justice system:

• Statutory law, or written or codified law, is the “law on the books” as

enacted by a governmental body or agency having the power to make
laws (such as Congress). Statutory law is based on the Constitution.
• Common law or case law is made by judges. Precedents are decisions
made in previous cases or superior courts that are used as a basis to
justify later decisions made in similar cases. They
statutory law: legislative must be followed, and become a part of the law
acts declaring, commanding, or itself. The U.S. Supreme Court carries the greatest
prohibiting something
influence, as decisions it makes are incorporated
common law or case law: into the process by which lower courts make their
the body of law made up of judicial decisions. The principle of recognizing previous
opinions and precedents decisions as precedents is called stare decisis, “to
stare decisis: “to stand by the stand by the decision.” Once a decision is made
decision,” meaning previous legal in court, it is written down and becomes law. This
decisions are to be followed makes for predictability and consistency in how
civil law: law that deals with the law is applied.
noncriminal suits brought to
• Civil law, sometimes referred to as private law,
protect or preserve a civil or private
right or matter deals with relationships between individuals
involving such matters as property or contracts. It
criminal law: regulation and provides a formal means for regulating noncriminal
enforcement of rights, setting the
acceptable limits of conduct in relationships among individuals, businesses, agencies
society of government, and other organizations. Contracts,
marriages, divorces, wills, property transfers,
negligence, and products manufactured with hidden hazards are all civil
concerns. It is up to an individual to bring the suit to court. Civil law is
more concerned with assigning blame than with establishing intent. In
civil cases, a “preponderance of evidence” is required to convict. Violations
of civil law are generally punishable by fines or transfer of property.
• Criminal law, sometimes referred to as public law, deals with
regulation and enforcement of rights. It is concerned with offenses
against an individual that are deemed offensive to society; the state

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becomes the plaintiff (as in U.S. v. Toby or State of

Michigan v. Smith). The roots of our law come from
medieval England, where offenders who violated the
“King’s Peace” were thought to be offending not just an
individual, but the order established under the rule of
the monarch. A misdemeanor is a minor crime such as
theft, minor assault and battery, or possession of small
amounts of illegal drugs. A felony is a major crime
such as murder, rape, armed robbery, serious assault,
dealing in illegal drugs, fraud, auto theft, or forgery. In
criminal cases the prosecution must prove guilt “beyond
a reasonable doubt” to convict the suspect. Violations of
criminal law are punishable by fines, community service,
probation, incarceration, or, in extreme cases, life in
prison or capital punishment (death).
• Equity law is remedial or preventive (such as an
injunction or a restraining order). These laws are for
cases not covered by common law.
• Administrative law includes rules or laws established Jail cell
by agencies such as the Internal Revenue Service (IRS), Social
Security Administration, or branches of the military. Teacher Note
This material
misdemeanor: a minor
Forensic scientists may examine evidence concerning may spur a
crime, less than a felony, usually review of what
the breaking of any and all of the types of law listed punished with a fine or confinement students learned
above. All collectors and handlers of evidence must be other than in a prison in government
aware of the rights guaranteed in the Bill of Rights of felony: a serious crime, such as class. They should
the U.S. Constitution, so that all evidence is collected murder, punishable by more than know how laws
properly and without violating any individual’s rights. are enacted
one year of imprisonment up to
and by whom.
execution You might ask
The following are some of the individual rights
guaranteed by the U.S. Constitution in times of probable cause: situation a social studies
in which a reasonable and prudent or government
normalcy. teacher how to tie
person, viewing the available
information, would conclude that a in and integrate
Individual Rights Guaranteed by crime has been committed and that
the Bill of Rights the suspect committed it
The right to be presumed innocent until
proven guilty Class Discussion
The right not to be searched unreasonably, either on one’s In class, see how many of these
person or in one’s home rights are familiar to your students
and whether they understand
The right not to be arrested without probable cause the implications of each. Note
The right against unreasonable seizure of personal property that some of these rights have
conditions; for example, the
The right against self-incrimination right to bear arms has some
The right to fair questioning by police restrictions and regulations, e.g.,
we can’t bring guns to school.

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The right to protection from physical harm

The due process clause of the U.S.
throughout the justice process
Constitution was derived from the Magna
Carta in the year BE 1215. Under due The right to an attorney
process, neither the king (in those days)
The right to trial by jury
nor the American government (now) can
The right to know any charges against oneself
take away your life, liberty, or property
without following the appropriate legal
The right to cross-examine prosecution witnesses
procedures.
The right to speak and present witnesses
The right not to be tried again for the same crime
The right against cruel and unusual punishment
The right to due process
The right to a speedy trial
The right against excessive bail
Teacher Note The right against excessive fines
Ask the government teacher The right to be treated the same as others, regardless of race, gender,
if the Patriot Act is part of his
or her curriculum. This may religious preference, country of origin, or other personal attributes
be a good place to integrate
what students do According to the Patriot Act of 2001, actions labeled
in government The term personal attributes is not as presenting a “clear and present danger” to the
class with forensic well defined; hence all the controversy
these days.
national security of the country may lead to the
science.
suspension and/or limitation of these rights.

Class Discussion
Types of Crimes
Have students look up the
Any time a law has been broken, a violation has occurred. Violations
Patriot Act and discuss how
these rights may be affected and can be minor crimes or major crimes. Crimes are classified as infractions,
under what conditions. misdemeanors, or felonies for the purpose of sentencing.
An infraction is a minor offense or petty crime that is considered less serious
Teacher Note than a misdemeanor. Examples include jaywalking, traffic violations, and
Consider asking your best students littering. The penalty for an infraction is typically a fine.
to construct a flow chart of the
entire process of Misdemeanors are punishable by no more than
arrest, investigation,
violation: a breach of a right,
one year in jail. Cases involving misdemeanors
and administration duty, or law
are usually heard by the district court closest
of justice from infraction: violation of a rule or to where the crime took place. A first offense of
what they have
law that is not punishable by prison
learned in the drunk driving, vandalism, shoplifting, simple
pertinent sections assault, trespassing, or prostitution is an example
of the chapter as well as from
of a misdemeanor. Fines may range from less than $250 up to $2,500.
external resources.
Community service is sometimes part of the sentence.
An example is given on the TRCD,
Blackline Master 1.1. Felonies are more serious crimes that carry stiffer penalties. They are tried
in the district court closest to where the crime took place. The district
court conducts a preliminary examination to decide whether the case will

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Table 1.2: Society’s Major Crimes

Category Wrong
Violent crime Murder, force, violence, threats, fear, rape
Property crime Stealing, depriving, trespass, intimidation, arson
Crime against morality Prostitution, seduction, illicit behavior, slavery, kidnapping
Crime against public order Disorderliness, threats to public safety and peace
Crime against government Rebellion, treason, sedition, perjury, corruption
Crime by government Genocide, torture, brutality, civil rights violations
Hate crime Bias, prejudice, discrimination
Organized crime Dealing in illegal goods and services, money laundering
White-collar crime Deception, fixing, gouging, nonviolent illicit financial gain
Occupational crime Opportunism, misuse of professional capacities
Victimless crime Addiction, illegal exchange
High-technology crime Fraud, illicit computer use, blackmail

be transferred to circuit court for trial. Arson, aggravated assault, burglary,

robbery, homicide, and rape are examples of felony crimes. Punishments
for a felony conviction may range from five years up to life in prison, or
even, in some states, the death penalty. Fines may be levied up to $100,000.
Probation may also be determined for felonies.
Criminal law recognizes twelve categories of crime, which can range from
infractions to felonies (Table 1.2). Such a list exemplifies our present
society’s view of wrongs. Can you think of more examples to add?

Steps in Pursuing Justice

The steps in pursuing justice are complex and
confusing because of different jurisdictions (federal,
“Lady Justice” adorns
state, local), different state rules and procedures, the courthouses throughout
type of crime, extenuating circumstances, prior history, the nation. Its origin dates
and so on. What follows is a rather generic description from Roman times; the
of a criminal procedure. lady represents Themis,
the goddess of justice and
A crime is committed. It then must be discovered. A law. The scales signify the
suspect may be identified. The police investigate what impartiality of justice; the
sword, the power of those
may have happened. Information is collected. The making decisions; the
crime scene is documented and searched for evidence. blindfold, that justice is not
All information is assembled into a report for the subject to influence.

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Suggested Assignment prosecutor. An investigation ensues, and an arrest warrant is issued if the
Have students determine elements of a crime are present.
where their local courts, either
Basically, the elements of a crime involve (a) if a
county or city,
are located. Ask
elements : in criminal law, the crime actually occurred, (b) if the accused intended
them to research specific factors or parts of a crime for the crime to happen, and (c) if there is a timely
and write an booking: a police procedure relationship between a and b. For example, the five
essay including
following arrest that records basic elements of a robbery may include (1) taking away
the following
information:
information about the suspect, a (2) another’s property, (3) in their presence, (4) with
photograph, and fingerprints, and intent to steal, (5) using force or fear.
1. The number
of cases
perhaps includes a lineup
processed in
After a suspect has been arrested, he or she is taken
Miranda rights or
the past year to the police department for booking and informed
Miranda warning: rights
2. The number guaranteed by the Constitution that of his or her Miranda rights, if questioning
of cases that police must tell arrestees about, is to occur. If the suspect is not questioned, no
were plea- Miranda warning is necessary. The individual is
especially the right to remain silent
bargained in
the past year
and the right to an attorney brought before a magistrate, judge, or commissioner
3. The criteria arraignment: the first act in for arraignment within a proscribed number
used for a criminal proceeding, where the of hours, usually less than 72. At this time, the
which cases defendant is brought before the court court may appoint a public defender, inform the
are plea- to hear charges and enter a plea suspect of the charges and his or her rights, and
bargained and
which are not bail: money put up to guarantee set bail, if deemed appropriate. The suspect offers
4. An example of that the defendant will appear in a plea of guilty, not guilty, not guilty by reason of
a local crime court as directed. A bondsman pays insanity, double jeopardy (if he or she has already
where the the bail for a fee of 10 percent of the been tried for the same crime in the same court), or
prosecution bail amount. If the defendant does
used plea
nolo contendere (no contest). Future court dates
not appear when the time comes, the
bargaining bondsman may hire bounty hunters
are also set.
with the to find and return the suspect.
suspect(s)
to lower the
charge
5. Comparison of the number of
cases processed by the crime Miranda v. Arizona, 384 U.S. 436 (1966)
lab to the number of cases Before a law enforcement officer may question a suspect regarding the possible
brought to court commission of a crime, the officer must inform the detainee about his or her Miranda
Local courts, newspapers, and rights, making sure the detainee understands them.
the Internet are good sources of WARNING OF RIGHTS
information. Students will learn 1. You have the right to remain silent and refuse to answer questions.
that the vast majority of court
cases do not use any type of 2. Anything you do or say may be used against you in a court of law.
forensic analysis. 3. You have the right to consult an attorney before speaking to the police and to have
an attorney present during questioning now or in the future.
4. If you cannot afford an attorney, one will be appointed for you before any
questioning if you wish.
5. If you decide to answer questions now without an attorney present, you will still
have the right to stop answering at any time 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?

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The suspect is then brought before a judge. If the crime is

considered a felony, the next step is a preliminary or
evidentiary hearing, again, within a proscribed number of
days. There is no jury. As the prosecution presents the case, the
accused has the right to cross-examine witnesses and produce
favorable evidence. The judge considers the offense and the
defendant’s record and then either decides to dismiss and/or
reduce the charges for insufficient evidence, or determines that
there is enough evidence to set a date for arraignment for trial.
A pretrial conference may be arranged if a not guilty plea has
been entered.
Some states may use a grand jury instead of a preliminary
hearing, especially for a felony. The grand jury determines
whether there is enough evidence to bring the accused to a
formal trial. The composition of the grand jury varies by state, Handcuffed person
but usually consists of 16 to 23 citizens. Only the
prosecutor presents evidence. There is no cross- nolo contendere: in a
examination. The jury decides by majority vote; criminal lawsuit, when a defendant
neither admits nor denies committing
there is no need for a unanimous decision. If the jury
a crime but accepts punishment as
decides to indict the suspect, a trial date is set. though he or she were guilty
The plea of not guilty by reason of insanity has preliminary or evidentiary
a very specific legal definition. In 1984 Congress hearing: a hearing before a
passed the Comprehensive Crime Control Act. The magistrate or a judge to determine
federal insanity defense now requires the defendant whether a person charged with a crime
to prove, by “clear and convincing evidence,” should be held for trial; also sometimes
that “at the time of the commission of the acts called a preliminary examination
constituting the offense, the defendant, as a result grand jury: a group of people
of a severe mental disease or defect, was unable to sworn to inquire into a crime and,
appreciate the nature and quality or the wrongfulness of if appropriate, bring accusations
(indictments) against the
his acts.” This is generally viewed as a return to the suspected criminals
standard of “knowing right from wrong.” The act
indict: to formally accuse a
person of a crime

A typical jury box A modern courtroom

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Suggested Assignment also contains guidelines that set out sentencing and other provisions
Have students conduct research for dealing with offenders who are or have been suffering from a mental
on grand juries and preliminary disease or defect. Most crimes must show intent; an insanity plea
hearings. In the form of an essay
or a research paper, have them
removes intent.
address the following In the United States, a person is presumed innocent
components: plea bargaining: an until proven guilty beyond a reasonable doubt by
1. What types of agreement in which a defendant a jury of his or her peers. The burden of proof in
cases use a pleads guilty to a lesser charge and
grand jury the prosecutor in return drops more
criminal cases rests entirely on the prosecution. Only
2. What types serious charges to avoid the cost about 50 percent of all people arrested are eventually
of cases use and time of a trial convicted, and of those, only about 25 percent are
a preliminary sentenced to a year or more in prison.
hearing
3. The number of grand juries
Plea bargaining can occur at many points in the judicial process. In fact,
and preliminary hearings about 90 percent of cases are plea-bargained, which reduces the court’s case
held in your state last year load. A plea bargain means that the defendant and the prosecution work
4. Discussion of a case held out a deal about the sentencing without going to trial.
in front of a grand jury
in your state, including
information on:
a. the crime Federal Rules of Evidence
b. the suspect(s)
c. the evidence probative: in evidence law, There are legal rules of evidence that govern if,
presented tending to prove something when, how, and for what purpose evidence in a case
d. the length of is placed before a “trier of fact” (the judge or jury).
material: in evidence law,
the hearing
relevant and significant. A material These rules define what evidence is admissible and
e. the conclusion witness has information about the how it can be used for the jury. Most important,
of the hearing evidence must be relevant; that is, it must prove
subject.
This assignment will something (be probative) and it must address the
impress upon the hearsay: testimony given by a
witness who relates not what he or issue of the particular crime (be material). If the
student the fact that
a grand jury only she heard, saw, or knows personally, evidence is not material or probative, it is useless.
makes a decision but what others have said. The Evidence is admissible if it is reliable and the
on whether or not to knowledge is dependent on the person who presents it is believable and competent.
indict, and not on credibility of the person who first Generally, hearsay is inadmissible in criminal
guilt or innocence. made the statement, and therefore
court because it is not reliable, is not taken under
is not admissible in court unless it
meets a hearsay exception. oath, and does not allow for cross-examination. It
is, however, admissible in civil suits.
expert witness: a person who
is a specialist in a subject that is
often technical, who may present his
or her expert opinion without actually
Expert Testimony
witnessing any occurrence relating The person who presents scientific evidence, the
to the case. This is an exception to expert witness, must establish his or her credibility
the rule against giving an opinion through credentials, background, and experience.
in a trial, provided that the expert Two legal decisions have had a great influence on
is qualified by his or her expertise,
whether scientific evidence can be used in court.
training, and special knowledge.

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Class Discussion
This might be a good time to ask
the class, “What is ‘evidence’?”
Students will come up with all
kinds of answers ranging from
specific types of evidence, such
as fingerprints, hair, etc., to
a more general statement of
anything that helps to solve a
case. This discussion will set the
stage for the next chapter.

An expert witness testifying in court on fingerprint evidence

The Frye Standard: Frye v. United States, 1923

GO TO [Link]
In 1923 James Frye was convicted of murder in the second
TOPIC expert witness
degree. On appeal, the trial counsel for the defendant
CODE forensics2E25
offered an expert witness to testify to the result of a
deception test made on the defendant, claiming that during
the first trial the testimony was not accepted. The test was described as
Suggested Assignment
the systolic blood pressure deception test (a precursor to the polygraph).
Students may want to research
The decision of the Supreme Court was to let the conviction stand. The more details of the Frye and
court stated that, to be accepted in a court of law, Daubert cases and
the scientific evidence must be given by an expert Frye standard: commonly write a report or
witness and have gained “general acceptance” in the called the “general acceptance” abstract on one or
test, the Frye standard dictates both of the cases.
particular field of study. After the presentation by
that scientific evidence is
the expert witness, the jury can decide whether the
admissible at trial only if the
evidence has any significance to the case. The Frye methodology or scientific principle
standard does not offer any guidance on reliability. on which the opinion is based is
“sufficiently established to have
The Daubert Ruling: Daubert v. Merrell Dow gained general acceptance in
Pharmaceuticals, Inc., 1993 the particular field in which it
In 1993 two minor children and their parents sued Dow, belongs.” The Frye test applies
only to “new” or “novel” scientific
claiming that the children’s serious birth defects had methodologies.
been caused because, during the mother’s pregnancies,
she had used a prescription drug marketed by Dow. The court decided that the
evidence did not meet the standard of “general acceptance” for admission of
expert testimony. In appeals, the Supreme Court decided that, in the 70 years
since the formulation of the Frye standard, society had become more complex

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and technologically sophisticated, so that “general acceptance” was no longer

the appropriate standard for admissibility.

Daubert ruling: revision of In the Daubert ruling, the court stated that the
the Frye standard for admissibility Frye standard is not the only rule for admissibility of
of expert scientific evidence. The scientific evidence. The Daubert rule applies only to
Daubert ruling implicitly endorses a federal courts, but states are expected to use the
classical definition of the scientific decision as a guideline in setting standards. The trial
method, including hypothesis judge must assume responsibility for admissibility
testing, estimates of error rates,
and validity of evidence presented in his or her
peer-reviewed publication, and
general acceptance. court. Guidelines offered for judgment are:
junk science: theories based 1. The scientific theory or technique must be testable.
on distorted, flawed, or untested 2. The theory or technique must be subject to peer
hypotheses not derived from or
review and publication; this means that other
tested by the scientific method
experts in the field must be able to study the
research to determine whether it seems valid.
3. The rate of error or possible errors must be given.
4. The technique must follow set standards.
5. The court must consider whether the theory or technique has attracted
widespread acceptance within a relevant scientific community.

The Daubert ruling came about in response to a

What does a forensic scientist rapidly changing technological society. Unacceptable
do? A forensic scientist has two delays in accepting new theories or techniques (such
major duties:
as DNA fingerprinting) led to the decision. The
• Analyze evidence and prepare ruling also strengthened the rules of evidence to keep
reports on the analyses.
Sometimes a forensic “junk science” (pseudoscience) out of the courtroom.
scientist will work a crime The forensic scientist’s role is to help law authorities
scene, especially a murder.
decide whether a crime has been committed and to help
• Testify in court as an expert
witness. (The judge decides
identify the perpetrator. The scientist brings proof of
if expert testimony is needed evidence and provides results and conclusions through
and who is qualified to give it a report written and presented to nonscientists.
[Daubert]).
A forensic scientist may be asked to evaluate evidence
Emphasis is foremost on science,
then on forensics. If you can’t as an expert witness in court, and then give an opinion
do good science, then you are a about the significance of his or her findings. That
liability to forensic science. opinion is based on a reasonable scientific certainty
that comes from training and experience. The accused
person’s guilt or innocence and, therefore, life or
liberty may be at stake. Both the defense and the prosecution can present
expert opinions and argue the merits of the testimony.
The opinion’s significance may be accepted or rejected by the jury or judge.
The forensic scientist or expert witness has an obligation to be an advocate for
the truth and should not take sides for either the defense or the prosecution.

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1.1: Strong Whiskey

From the files of coauthor John Funkhouser

A man took a slug of what he thought was Jack Daniel’s whiskey.

He suffered extreme oral and esophageal burns. It was thought that
the Jack Daniel’s bottle contained not whiskey, but sulfuric acid.
The lawyer representing the plaintiff (the man who drank the stuff)
contacted a forensic scientist to analyze the contents. A chemical
spot test and a simple titration of the diluted product confirmed
that it was, indeed, sulfuric acid, at a concentration of approximately
83 percent.
Manufactured strength of sulfuric acid is commonly 98 percent
or 93 percent, which in both cases is termed “concentrated.” The
former is what chemists use; the latter is sold in hardware stores as a
drain cleaner. The next common industrial grade is 70 percent. So a
concentration of 83 percent was perplexing. (Battery acid is usually
about 33 percent.) The forensic scientist surmised that the product
in the liquor bottle was used drain cleaner; this would account for
the dilution as well as the light brown color (similar to that of true
whiskey), which probably resulted from dissolved metals. A cursory spot Jack Daniel’s bottle
test indicated the presence of metals in the acid.
Someone had probably used the drain cleaner, decided
to save it, and so poured it into a handy receptacle, but
did not label it. Was a crime committed? Who was at
fault—the man who took a drink or the person who did
not label what was in the Jack Daniel’s bottle?

Hole burned in a piece of paper by a few drops of

“Jack Daniel’s”

Case Study 1.1

No crime was committed unless there was intent to harm. There probably
was not, but we don’t know the circumstances. The greater fault lies with
whoever did not label the Jack Daniel’s liquor bottle. This negligence could
devolve into a civil suit to gain medical compensation as well as money for
pain and suffering. The person who failed to label the bottle was clearly
negligent, and he or she or the insurance company would have to pay. But
suppose that when the house was purchased, the new owner never checked
the bottle. See how things get complicated?

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Answers
1. Students state in their own words, “Whenever
Checkpoint Questions
two objects come into contact, there is always a
Answer the following questions. Keep the answers in your
transfer of material.”
2. physical science, biology, ballistics, document notebook, to be turned in to your teacher at the end of the unit.
examination, photography, toxicology, and/or
fingerprints 1. Briefly state the Locard principle.
3. bite marks and teeth
4. anthropology, psychiatry, odontology, engineering,
computer technology, pathology, geology,
environmental science, entomology, palynology, 2. List four departments commonly found in a crime lab.
polygraphy, voiceprint analysis
5. 200 BC
6. 1514 3. Forensic odontology is the study of
7. false teeth and .
8. body mass
9. 1905
10. Francis Crick 4. Forensic scientists must sometimes consult with
11. 1975 scientists who specialize in other areas. Name five
of these areas.

5. When was science first used to help solve crimes?

6. The earliest known use of blood spatter evidence

was in .

7. In 1776 Paul Revere identified the remains of

General Joseph Warren by what type of evidence?

8. Bertillon used to identify people in

1879.

9. The FBI was established in .

10. James Watson and discovered the

structure of DNA in 1959.

11. Federal Rules of Evidence that determine what

evidence is accepted in court were enacted in
.

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Answers, continued
12. FBI
13. 1. Observe a problem or questioned evidence and
12. The computerized AFIS was established by the collect objective data. 2. State a hypothesis or
in 1996. possible solution to the problem. 3. Examine, test,
and analyze to support or refute the hypothesis.
4. Use deductive reasoning to determine the
significance of the evidence. 5. Evaluate and verify.
13. List steps that could be taken to solve a scientific
There are many different versions of the scientific
problem (a scientific method). method. Students may have learned a slightly
different version in another science class.
14. the U.S. Constitution, statutory law, common
14. Name seven types of laws in the United States. law, civil law, criminal law, equity law, and
administrative law
15. Civil cases involve disputes between individuals,
government, organizations, or businesses; the case
15. Discuss three differences between civil and criminal has to be initiated by one side. Civil cases are
cases. concerned with assigning blame. A preponderance
of evidence is required to convict. The remedy is
usually in the form of fines or transfer of property.
Criminal cases are crimes against an individual.
16. Name ten individual rights guaranteed by the Bill
The state initiates the case, becoming the plaintiff.
of Rights. The state must prove beyond a reasonable
doubt to convict. The remedy is in the form of
fines, community service, probation, and/or
17. What is the purpose of a preliminary hearing? incarceration. Both civil and criminal cases may
be heard before a jury.
16. See pages 19–20.
17. The judge decides whether there is enough
18. Explain the plea of nolo contendere. evidence for the case to go to trial. Bail may be
determined.
18. The accused does not deny the facts, claims no
19. What must the defendant prove to be found “not crime, or does not understand the charges.
guilty by reason of insanity”? 19. The defendant did not know that what he or she
was doing was wrong or would harm another.
20. Every crime is a violation; an infraction is very
minor, usually punished by a fine.
20. Explain how a violation and an infraction are
21. Misdemeanors are considered less serious crimes
different.
than felonies. Felonies have harsher penalties.
22. The rules of evidence were established to
determine whether the evidence presented is
21. What are the differences between misdemeanors and acceptable to be admitted in court. These rules
felonies? are necessary to prevent “junk science” from
being submitted by nonscientists or those who are
not experts.
22. What are the Federal Rules of Evidence, and why are 23. It must prove a point; otherwise it is useless.
they needed?

23. Why should evidence be probative?

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Answers, continued
24. If it is not relevant or significant, it is useless.
25. Hearsay is basically secondhand testimony that
24. Why should evidence be material?
may be admitted in civil court but not in criminal
court, because the person who supposedly knew
the facts is not in court to state his or her exact
words, the trier-of-fact cannot judge the demeanor 25. Why is hearsay inadmissible in court?
and credibility of the alleged firsthand witness,
and the other party’s lawyer cannot cross-examine
the firsthand witness.
26. Explain the major differences between the Frye
26. The Frye standard came about in 1923, stating
that the scientific evidence must be given by standard and the Daubert ruling when dealing with
an expert witness and have gained “general physical evidence and determining whether or not
acceptance” in the particular field of study. the evidence will be accepted in a court of law.
The jury then determines the significance of the
evidence. The 1993 Daubert ruling came about
in response to a rapidly changing technological
society. It stated that the trial judge will decide 27. Describe the case that the Frye standard was based on.
on the admissibility of evidence based on five
guidelines: The technique must be testable, be
subject to peer review, have a stated rate of 28. Describe the Daubert case.
error, follow standards, and have widespread
acceptance.
27. See page 25, or have students research the case
for more detail. 29. Give some examples of what might be considered
“junk science.”
28. See page 25, or have students research the case
for more detail.
29. Student answers will vary.
30. A forensic scientist testifying in court as an expert
30. training and experience
witness bases his or her opinion on .
31. Student answers will vary. Some examples
are Van Leeuwenhoek’s microscope, Kirchhoff
and Bunsen’s spectroscopy, Eastman’s
camera, Landsteiner’s blood grouping, Lattes’s 31. Study the timeline of forensic history on pages 6–16
reconstitution of dried bloodstains, Larson’s lie and give three examples of a scientific discovery that
detector, Aston’s mass spectrometer, Martin and developed into a forensic technique in use today (or
Synge’s gas–liquid chromatography, and Watson
depicted on the television show CSI ).
and Crick’s DNA model.
32. Arrest; being booked; probably jail until
arraignment, where you would plead “guilty”; then
a preliminary hearing for sentencing. You would 32. If you were caught red-handed in a burglary, what
probably be out on bail until you show up for jail procedures would you expect to experience before
time, if this is the sentence. sentencing?
33. any type, both civil and criminal
34. when the person is not going to be questioned
33. In what types of cases can a defendant opt for a
jury trial?

34. When does an officer not have to read Miranda rights

to an arrested person?

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References

Eckert, W. C. Introduction to Forensic Sciences Ragle, Larry. Crime Scene. New York:
(2nd ed.). Boca Raton, FL: CRC Press, 1997. Avon Books, 2002.
Fisher, D. Hard Evidence. New York: Dell, 1995. Siegel, Jay A. Forensic Science: The Basics. Boca
Saferstein, Richard. Criminalistics: An Introduction to Raton, FL: CRC Press, 2007.
Forensic Science, College Edition (9th edition).
Englewood Cliffs, NJ: Prentice Hall, 2006.

Introduction to Forensic Science and the Law 31