FSC100 - 1 PDF

FSC100 - 1 Law and Science: Criminal Justice System - – Protect the innocent – Ensure the truth emerges Law defines certain behaviours as criminal – It provides framework of regulations and – Determines standard of evidence required for prosecution Both law and science work within the crimi...

FSC100 - 1 Law and Science: Criminal Justice System - – Protect the innocent – Ensure the truth emerges Law defines certain behaviours as criminal – It provides framework of regulations and – Determines standard of evidence required for prosecution Both law and science work within the criminal, differ in … Law: Science: Goal- Settle disputes, obtain Goal - Describe workings of the favourable outcome natural world Relies on the adversarial system and Relies on the scientific method and arguments to resolve conflict refinement of hypothesis to validate ideas Truth decided by the trier of fact What truth is/whether truth can be determined dependent on available evidence Judge of jury Justification based Outcome based ‘Forensic’ derived from the Latin ‘forensis’ ○ Public debate or discussion, judicial connotation Science derived from Latin work for knowledge ○ Relates to scientific method Forensic methodologies draw from wide range of disciplines ○ Anything can be evidence As a result, ‘forensic science’ is hard to define ○ Broadly, forensic science is the application of science to law. Defintion: The application of scientific knowledge and techniques to legal matters Why is Forensic Science Important? What are some ways in which forensic science may assist in criminal investigations? – Can assist in criminal investigation to a suspect – Can give a timeline – Evidence can assist in establishing presence ~ witnesses, suspects, victims – How a crime occured – The number of suspects Science brings about objectivity ○ Not influenced by emotion, bias or opinion In the past, convictions were based on subjective evidence ○ E.g. Eyewitness testimony Today, scientific evidence allows criminal investigations to be more objective Forensic scientist must remain an unbiased advocate for the objective facts May be called upon to serve as expert witness ○ Only declared as expert witness by a judge Lay witness what has was heard, saw, done, or experienced ○ No special training or technical knowledge ○ Testimony must be factual (not opinion-based) Expert witness may offer opinion on the work that was done and significance of the findings. A serious task ○ Opinions of expert witness may weigh heavily on the outcome of a case Criteria for being declared or accepted as an expert witness: ○ Witness is of sound and unquestioned integrity ○ Witness is sufficiently trained and experienced ○ Science or technology presented meets criteria of acceptance ◆ Peer review ◆ Testing and validation  ◆Rate of error ◆ General acceptance Base options/conclusions on facts established by reliable methods Scientific Method: Science adheres to strict guidelines to ensure integrity ○ Known as scientific method ◆ Ensures observations free of bias Scientific method: “Method of procedure that consists of observation, measurement, and experimentation, and the formulations, testing, and modification of hypotheses”. Formulate question. Generate a hypothesis. Collect data by observing and experimenting - Recall science/technology must meet criteria of acceptance. Interpret data - Sometimes adjust and re-perform experiments. Draw conclusions – When a hypothesis is validated through experimentation, it becomes suitable as evidence Crime Scene Investigation Forensic Science Attends the crime scene Works in a forensic laboratory Properly recognize, identify, collect, Perform scientific analysis on and preserve evidence of a crime evidence submitted by the crime scene scene investigator In Canada: Crime scene investigators are called Forensic Identification Officers Crime scene investigation is: A methodological process ○ Follows set of principles and procedures that adhere to guidelines ◆ But not rigid or fixed ◇ Every crime scene is different A dynamic and thoughtful process ○ Requires an active approach ◆ E.g. how pieces of evidence link to one another ○ Experience and observations are key  Grounded in the scientific method Objectives of Crime Scene Investigation: Recognize and identify forensic evidence Collect and preserve evidence Reconstruct the crime Assist in the formation of a theory or theories about the crime ○ For example: May ascertain the sequences of events leading to a crime, assist in uncovering a motive, etc. The CSI Effect: ○ Unrealistic expectations of capabilities of forensics and crime scene investigation ○ Not new: a century ago, this was known as the “Sherlock Holmes Effect” ○ Result of inaccurate depictions in media ◆ Roles and responsibilities ◆ Capabilities ◆ Nature of evidence ◆ Procedures and time frames The CSI Effect: Analysis CSI is unique because it presents a different model of police procedurals, other shows present forensics as a cog in the criminal justice system wheel. CSI places forensic science at the forefront ○ Focus on collection and analysis of forensic evidence The CSI Effect: Impact Impact on Court and legal system ○ Jurors ○ Prosecution ◆ Higher rates of acquittal? ○ Defense ◆ Higher rates of acquittal and conviction Impact on criminal activity ○ Does the CSI Effect serve to educate current or prospective criminals?