CRIM 355

  1. Name 3 of the 13 NAS Recommendations
    1. $-Make all public forensic laboratories independent of law and enforcement and prosecution offices 

    2. All forensic science labs must be accredited and certified professionally

    3. Eliminate all coroner's systems and replace with medical examiners
  2. What does NAS stand for
    National Academy of Science
  3. What does NIFS stand for
    National Institute of Forensic Science
  4. What are the American rules of evidence?
    • 1. Frye
    • 2. Federal Rules of Evidence, 702
    • 3. Daubert
    • 4. Kumho Tire Co
  5. What is the Frye standard?
    The science must be generally accepted and well-established
  6. Federal Rules of Evidence, Rule 702
    Reliability of witness
  7. Daubert v. Merrill Dow Pharm, Inc. 1993
    Judge became the gatekeeper; error rates needed
  8. Kuhmho Tire Co. Ltd V. Carmicheal
    Judge still gate keeper, scientific and technological knowledge
  9. Canadian Rules of Evidence
    • Dulong v Merrill Lynch Canada Inc. : Judge as gatekeeper
    • R. v. Mohan : Relevant to the case; necessary to assist the trier of fact; did not trigger any exclusionary rules; presented by a properly qualified expert
  10. Coroners vs Medical Examiners
    Very similar in the sense that they have the same objective to determine the cause and manner of death, however, coroners have quasi-judicial powers to hold inquisitorial hearings, whereas medical examiners do not. Additionally, medical examiners MUST be doctors, coroners come from various backgrounds. There are 21 full time in BC and 120 fee for service coroners in BC. Coroners do not perform autopsies, forensic pathologists do
  11. Inquests
    • use of a panel of 5 jury members to help determine the cause of death (in BC)
    • Not to find fault anymore or establish blame, but to make death circumstances public and make recommendations to prevent similar deaths (usually injury or accident)
  12. Louise and Alphonse Bertillion
    • 1. Height, weight, eye color
    • 2. Careful measurement
    • 3. Divided into average, above, below, etc.
    • Alphonse:
    • 4. 14 characteristics; 5 ranks
    • 5. "unlikely" anyone would rank the same 
    • WRONG!
  13. Fingerprints
    • 150 patterns per print
    • Loops, whorls, and arches
    • Evolutionary; non-slip
    • Develop in utero
  14. Describing a body biologically
    • Description-Compared with a missing person's report
    • Fresh body - Direct observation
    • Skeletonized - Forensic anthropologist
  15. Determining sex
    • Pelvis-Often difficult because it does not remain completely in tact
    • When determining sex in children, it is very hard because sex is not expressed on skeleton until puberty
    • Eliminated 50% of the population
    • REQUIRED for determining race
    • Can be inferred from artifacts @ scene
  16. Determination of Age
    • RANGE only
    • Tooth formation only useful when determining age of a child 
    • Bone ossification (Bones change from cartilage to bone); when done growing -> the bones are ossified 
    • Sutures fuse together as ossification occurs
    • Can also see:
    • Bone density
    • Pubic bone changes
    • Auricular surface of ilia
    • Sternal part of 4th rib
    • Tooth wear
    • Arthritis
  17. Determination of ancestry
    • Mongoloid-Asian
    • Caucasoid - European
    • Negroid - African
    • Ancestry mixing 

    One may not be aware of belonging to a certain race; friends and family may say different. Inconsistency with cranium
  18. Normative standards
    • Everage measurements from population (necessary)
    • Femur X cm long, Y cm tall
    • Different standards required for each sex, race
    • Available for many different factors
  19. Stature (Height)
    • Stature is NOT static-people shrink
    • Records may be wrong-self reported
  20. Tentative ID - Class evidence
    • Description of victim; may be many people who fit the same description
    • Items associated with body: Could be planted, borrowed.
    • Must confirm tentative ID with POSITIVE
  21. Positive ID - Individual evidence
    • Can only be ONE person
    • Done after the tentative ID to confirm or deny

    • 1. Visual identification - Most common form; done by family and friends; denial; mistake; body must be fresh
    • 2.  Fingerprints - Unique; environmentally determined in utero; Latent prints; Individualization
    • Stay unchanged throughout life - John Dillinger
  22. Fingerprints Classification, individualization, Levels of detail, Problems
    AFIS (automated fingerprint identification system) 

    Normal print has 150 ridge characteristics, no minimum number needed 

    • Pattern - Whorl, arch, loop
    • Minutiae - Fine lines on print (sweat pores within)

    MUST have a premortem record, personal items often do not pick up prints
  23. Dental Records and X-ray
    • Differences in;
    • Wear
    • Rotation
    • Root shape
    • Fillings
    • Extractions

    Need dental charts and X-rays, compare antemortem with postmortem (NEED antemortem records)

    Think about impanted devices

    Teeth preserve well - Enamel is the hardest substance
  24. DNA-Types, sources (live person and dead person), comparison, and data bank
    • DNA (nuclear) - from booth parents
    • Mitochondrial-> mtDNA from mother

    • Live person: Nuclear DNA (Any nucleated cells)
    • Blood
    • Buccal smear - Tissue
    • Hair follicle
    • mtDNA

    • Dead person: Fresh body-Blood, tissue, hair root
    • Decomposed or skeletonized: Bone marrow, teeth, mtDNA, *hair shafts*

    • DNA alone does not give ID; it is useless unless compared with premortem records
    • Compare DNA from A with B premortem records

    DNA taken in investigation not used in the databank
  25. Video superimposition
    • Positive ID
    • Anthropologist/X-Ray specialists
    • Craniofacial superimposition
    • Done via computer
    • Must fit exactly
  26. Problems with the ID of children
    • Little to no dental work
    • Often no dental records
    • No medical records
    • Small bones
    • Not yet ossified
    • Easily scattered and lost

    Method to ID: toys, mouthguards, retainers, toys, DNA
Card Set
CRIM 355
Midterm; Important concepts