evidence collected or analyzed in violation of the defendant’s constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law.
Exclusionary Rule
Daubert Standard
Methodology is valid:
1. Whether the theory or technique in question
can be and has been tested
2. Whether it has been subjected to peer review and publication
3. Its known or potential error rate
4. The existence andmaintenance of standards controlling its operation
5. Whether it has attracted widespread acceptance within a relevant scientific community
Class vs Individual evidence
Class characteristic evidence does not reference a particular suspect
Individual characteristic evidence does,
inferentially, associate a particular individual
Identification
Match (reversible error in most states) Compatible with Consistent with Similar in all respects Not dissimilar Same general characteristics Identical characteristics Could have originated from
Witness Challenged
A case may not require his or her expertise
A jury is capable of deciding the disputed fact
without the need for lengthy and potentially
prejudicial testimony
An expert witness can be challenged on his or her
basic qualifications and ability to give an opinion in
the field at issue
The expert may have insufficient education or
experience to have anything of value to offer
The methodology utilized by an expert to support
his or her opinion may not be scientifically sound
or capable of supporting the proffered opinion
The methodology may be sufficiently scientifically
sound to support an opinion, but the opinion
based on the method is not sufficiently derived
from that scientific methodology
innocence project common causes
Common Causes: ◦ Eyewitness Misidentification ◦ False Confessions or Admissions ◦ Government Misconduct ◦ Unvalidated or Improper Forensic Science ◦ Informants ◦ Inadequate Defense
◦ Eyewitness Misidentification
Blind Administration Lineup Composition Instructions Confidence Statements Recording
Government misconduct
Law Enforcement
◦ Suggestion during identification procedures
◦ Coercing false confessions
◦ Intentionally misleading jurors
◦ Failing to turn over exculpatory evidence
◦ Providing incentives to informants
Prosecutor
◦ Withholding exculpatory evidence
◦ Mishandling, mistreating or destroying evidence
◦ Pressuring defense witnesses not to testify
◦ Relying on fraudulent forensic experts
◦ Overstating the value of testimony
Informants
Incentivized Witnesses:
◦ Have been paid to testify
◦ Have testified in exchange for their release from
prison
◦ Have testified in multiple distinct cases that they
have evidence of guilt, through overhearing a
confession or witnessing the crime
Inadequate defense
Slept in the courtroom during trial
Been disbarred shortly after finishing a death
penalty case
Failed to investigate alibis
Failed to call or consult experts on forensic
issues
Failed to show up for hearings
Challenges facing forensic science
Compromised Evidence Education of Analyst Repeatable Procedure Personal Bias Lack of Certification, Accreditation
Who should govern forensic scientists
National Institute of Justice (NIJ) Federal Bureau of Investigations (FBI) National Science Foundation (NSF) National Institute of Standards and Technology (NIST) Department of Justice (DOJ)
- Which of the following materials are not needed to perform a PCR reaction?
a) DNA Polymerase
b) RNA template
c) free nucleotides
d) two different primers
RNA template
- Which of the following is NOT a suggestion from the Innocence Project to improve on forensic science?
a) assessment of validity and reliability
b) accreditation and certification
c) videotape the laboratory analysis
d) state oversight
videotape the laboratory analysis
- The forensic chemist who falsified drug data was in which state?
a) Massachusetts b) Mississippi c) Minnesota d) Maryland
Massachusetts
- According to the Innocence Project, which of the following is the most common cause of overturning a wrongful conviction?
a) new eyewitness testimony
b) new DNA analysis/evidence
c) new fingerprint analysis/evidence
d) recanting of false confession
new DNA analysis/evidence
- When the Vinland Map was analyzed with carbon dating, which portion of the map was found to be from the 15th/20th century?
a) paint b) parchment c) paper d) book it was found in
15th parchment;
20th paint
- How many STR locations are used in CODIS?
a) 6 b) 7 c) 13 d) 26
13
- Which of the following is NOT one of the parts of a nucleotide?
a) acid b) base (A, C, G, T) c) sugar d) all of these are part of a nucleotide
acid
- In what situation would a forensic chemist use atomic absorption spectroscopy?
a) In heavy metal poisoning cases b) To diagnose metal toxicity c) To determine if soil, water or food is contaminated d) all of these
all of these
- Which of the following is produced naturally by the human body?
a) cocaine b) GHB c) LSD d) opium
GHB
- i)Microwave spectroscopy/
ii) Infrared spectroscopy is used to probe which molecular effect?
a) ionization b) rotations c) electronic d) vibrations
i) MS: rotations
ii) IRS: vibrations
Which type of evidence led to the establishment of the Frye rule for admissibility of evidence in a
court of law?
Polygraph
The United States judicial system is a(n) ________________________ system
adversarial
