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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
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CSI Effect
The TV show has created unrealistic expectations of forensic science. The whole procedures, interrogation, crime scene analysis, testifying in court.
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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
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TRACE EVIDENCE
Trace = physical evidence Hair, fibre, body fluids, fingerprints, gasoline, paint, gunshot residue, bullets, writing etc
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LOCARD’S EXCHANGE PRINCIPLE
- In all crimes, the offender will leave something behind and take something away
- Will evidence be recoverable?
- Must be collected, analyzed, presented
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CLASS CHARACTERISTICS
- 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?
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3 Characteristics of fingerprinting
- 1. Individual
- 2. Changing
- 3. Classifiable
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Patterns of fingerprints
Loops, whorls, arches
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Time since death concept
Always an estimate, unless recorded by doctor
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0-24 hours after death
Algor, rigor, livor, eye
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24-72 after death
Auto catalysis, putrefaction, marbling, bloating
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72+ hours after death
- Anthropology, entomology
- Mummification, saponification
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