CRIM 355

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  1. Difference between forensic and lay witness
    • Forensic Witness:
    • Did not see or hear the crime
    • Analyzed evidence from the crime
    • Give opinion evidence

    • Law/eye Witness:
    • Saw or heard something
    • Can not give opinion evidence
  2. CSI Effect
    The TV show has created unrealistic expectations of forensic science. The whole procedures, interrogation, crime scene analysis, testifying in court.
  3. Rules of Evidence
    • Frye v. United States - 1923
    • “the science must be generally accepted and well established”

    • Federal Rules of Evidence, Rule 702
    • Reliability of witness

    • Daubert v. Merrill Dow Pharm., Inc 1993
    • Judge became gatekeeper, error rates needed

    • Kumho Tire Co. Ltd. V. Carmichael
    • Judge still gatekeeper, scientific and technical knowledge

    • Dulong v. Merrill Lynch Canada Inc
    • Judge as gatekeeper

    • R. v. Mohan [1994] 2 S.C.R. 9
    • Relevant to the case
    • Necessary to assist trier of fact
    • Did not trigger any exclusionary rules
    • Presented by a properly qualified expert
    Trace = physical evidence Hair, fibre, body fluids, fingerprints, gasoline, paint, gunshot residue, bullets, writing etc
    • In all crimes, the offender will leave something behind and take something away
    • Will evidence be recoverable?
    • Must be collected, analyzed, presented
    • Class evidence or class characteristics
    • Can be associated with a group but not just one source
    • High or low significance
    • Probability that it belongs to someone else?
  7. 3 Characteristics of fingerprinting
    • 1.  Individual
    • 2.  Changing 
    • 3. Classifiable
  8. Patterns of fingerprints
    Loops, whorls, arches
  9. Time since death concept
    Always an estimate, unless recorded by doctor
  10. 0-24 hours after death
    Algor, rigor, livor, eye
  11. 24-72 after death
    Auto catalysis, putrefaction, marbling, bloating
  12. 72+ hours after death
    • Anthropology, entomology
    • Mummification, saponification
Card Set
CRIM 355
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