Federal Crime Labs FBI: Federal Bureau of Investigation DEA: Drug Enforcement Agency ATF: Alcohol, Tobacco, and Firearms USPS: United States Postal Service U.S. Fish and Wildlife Service Department of Homeland Security Department of the Treasury
document and handwriting experts fingerprint expert
A group of professional investigators, each trained in a variety of special disciplines
Scientific Method (as it pertains to criminalistics)
Observe a problem or questioned evidence and collect objective data.
Consider a hypothesis or possible solution.
Examine, test, and then analyze the evidence.
Determine the significance of the evidence.
Formulate a theory based on evaluation of the significance of the evidence.
Types of Law Constitutional law Statutory law Common law or case law Civil law Criminal law Equity law Administrative law
The Bill of Rights You are guaranteed: 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
More Bill of Rights 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, or other personal attributes
Usually given when arrested, but often given again
defendant brought before court to hear charges and enter a plea
Judge sets bail, orders remand or releases ROR
Oh Bill Gates…
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.
Only 50% of all people arrested are eventually convicted
Only 25% are sentenced to a year or more in prison
Federal Rules of Evidence In order for scientific evidence to be admitted in a court of law, it must be considered relevant evidence which includes: Probative: actually proves something Material: addresses an issue that is relevant to the particular crime
Admissibility of Evidence The Frye Standard From the 1923 case Frye v. United States Scientific evidence is allowed into the courtroom if it is generally accepted by the relevant scientific community. The Frye standard does not offer any guidance on reliability. The evidence is presented in the trial and the jury decides if it can be used.