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119 Cards in this Set
- Front
- Back
What is the Perry Standard? |
-1991 -Frye Plus Ruling -applies to admissibility of DNA evidence -Three prongs: court decides if: 1. DNA evidence is generally accepted (theory that DNA is reliable) 2. whether testing procedures used are generally accepted as reliable and 3. whether the test was performed properly |
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What are 3 prerequisites for admissibility of evidence? |
Must: 1. Be relevant- tendency to prove or disprove (probative) 2. Be material- offered to prove the fact in question 3. Be competent- obtained legally |
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Why isn't there a known error rate for DNA testing? |
NRC II Report --> it is impossible to have error rate for DNA, and one isn't needed due to the quality system in place |
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Maryland v. King |
Supreme court ruling that collecting DNA samples from arrestees is not unconstitutional |
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5th Amendment |
-due process -life, liberty, & property --> can't be deprived without due process of law |
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Jencks Act |
-establishes various rules for the availability and production of statements of prosecution witnesses in federal criminal trials -regulates discovery and disclosure of prosecution witnesses |
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What is the 4th amendment? |
-prohibits unreasonable search and seizures -exceptions--> plain view, consent given, emergeny |
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What is a preliminary hearing? |
a hearing to determine if there is probable cause against the defendent |
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Explain the ruling of Ex parte Turner (AL, 1998) |
-Turner convicted of 2 counts capital murder -DNA evidence presented--> Turner DNA matched sample on victim -Criminal Appeals ruled that DNA didn't meet the Perry Standard--> and the state failed to show that the general accepted testing techniques that produced the DNA population frequency statistical evidence were performed properly--> so DNA evidence was inadmissable |
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What are 3 ways to plea? |
1. Guilty 2. Not guilty 3. Nolo contendeie --> No contest |
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2 functions of forensic sciences? |
1. scientific --> testing and forming an opinion 2. forensic --> communicating opinion to jury |
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civil v. criminal trials |
civil--> personally sue someone criminal--> government prosecutes for a wrong that's commited |
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purpose of criminal justice |
-ensure application of the principles set forth in the constitution -justice -exonerate innocent and convict the guilty |
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Miranda Rights |
-right to remain silent -right to retain council -council can be appointed to you |
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2 types of subpoenas |
-person--> Ad testificandeum (oral testimony) -documents--> duces tecum (document testimony) |
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Brandy v. Maryland |
-ruling: government MUST disclose all exculpatory evidence (Exculpatory= evidence favorable to the defendent in a criminal trial) (opposite is "inculpatory") |
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What are the main differences at the state levels of municipal, district, and circuit court? |
-municipal/district courts do NOT have jury trials -circuit court can have jury trials -$$ values differ |
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Which courts are in which levels in AL system? |
-court of last resort: supreme court -intermediate appellate courts: court of civil appeals & court of criminal appeals -court of general jurisdiction: circuit court -courts of limited jurisdiction: probate court, municipal court, district court |
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Difference between felony and misdemeanor? |
-punishment, sentencing, and time frame differ -severity of crime differs -misdemeanor--> up to one year or less -felony--> greater than 1 year |
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What's the name for obtaining evidence illegally? |
Fruit of the poisonous tree |
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Difference between capital murder and murder? |
-capital murder: murder of police officer, murder occurs after/during another felony, murder for hire, murder of 2+ people in one act, murder of victim younger than 14, etc. *sentence is death penalty or life w/o parole -murder: intent to kill one but kills another instead, kills by reckless endangerment, commits arson and officer dies during his duty, victim dies while assailant is attempting felon, etc |
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Examples of federal crimes |
-bank robbery -kidnapping across state lines -drug trafficking -any crime passing state lines (interstate commerce clause) -post office/ mail crimes |
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Explain ruling of Daubert v. Merrell Dow Pharm. |
-1993 -"relevance & reliability" -decided the judge is the "gatekeeper" -specific factors: (1) can theory/technique be objectively challenged (testable & reproducible) (2) subjected to peer review/publication (3) error rate (4) there musts be standards and controls (5) generally accepted by scientific community |
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Explain the ruling of Frye v. US |
-1923 -inadmissibility of lie detector test b/c not generally accepted -ruling: to be admissible a procedure must be generally accepted in scientific community -"general acceptance" rule |
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What is a deposition? |
-sworn in testimony outside presence of judge and jury -have court reporter, prosecution, and defense -deposition testimony can be read in court |
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What is discovery? |
-legal motion where the prosecution must turn over everything they have to the defense |
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Level of Federal courts? |
District--> Jury trials Circuit--> appellate level Supreme court |
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What are the different levels of AL court system? |
-limited jurisdiction -general jurisdiction -intermediate jurisdiction -supreme court |
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Alabama Rule of Evidence 702 |
-does NOT require that an expert have scientific literature to support his/her opinion -expert testimony is admissable only if: (1) testimony based on sufficient facts/data (2) testimony product of reliable principles/methods (3) witness has applied the principles and methods reliably to the facts of the case |
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Felony v. Misdemeanor |
-Felony: more severe crimes, can go to state prison for 1+ years, complete loss of 2nd amendment right -Misdemeanor: less severe crimes, sentence of less than 1 year in county jail and/or fine, no effect on civil liberties |
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Alabama Court System |
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Alabama Supreme Court |
-9 justices, serve 6 years (5 sit in panel or en banc) -Court of last resort -State funded -Case types: (1) appeals of title to or possession of land and civil law cases over $50K and equity cases (2) Certiorari review of Court of Civil Appeals and Court of Criminal Appeals (3) appeals from the AL Public Service Commission |
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AL Probate Court |
- 72 judges; 67 counties -no jury trials -limited jurisdiction court -locally funded -case types: (1) wills, guardianship (2) recording of all land partitions and sale of land (3) equity administration of estates |
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AL Municipal Court |
-No jury trials -case types: misdemeanor, traffic infractions, parking tickets, exclusive ordinance violations -limited jurisdiction court -locally funded |
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AL District Court |
-101 judges; 67 counties -no jury trials -limited jurisdiction court -state and locally funded (mixed) -case types: (1) civil actions under $10K (2) small claims up to $3K (3) original jurisdiction misdemeanors (4) preliminary hearings for felonies (5) traffic violations if no municipal court (6) juvenile |
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AL Circuit Court |
-140 judges in 40 circuits -jury trials; we usually get called to testify here -general jurisdiction court -state and locally funded (mixed) -case types: (1) civil actions $3K+ (2) felonies, misdemeanors, and ordinance violations included with felony charge (3) appeals from courts of limited jurisdiction |
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AL Court of Civil Appeals |
-intermediate appellate court -state funded -5 judges sit in panel (serve for 6 years) -case types: appeals in civil cases (up to $50K); appeals from admin agencies; juvenile appeals (dependency, neglect); domestic related cases (divorce, alimony, child support, adoption, custody) |
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AL Court of Criminal Appeals |
-5 judges sit (serve for 6 years) -intermediate appellate court -state funded -case types: (1) appeals in criminal cases involving felonies, misdemeanors, violation of city ordinances, habeas corpus, all post conviction writs (2) juvenile criminal appeals, delinquency and transfers to adult court |
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Federal Rules of Evidence: Articles I and II |
I. General Provisions: scope, purpose, preliminary questions II. Judicial Notice |
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Federal Rules of Evidence: Articles IV - VII |
IV. Relevance & it's limits V. Privileges VI. Witnesses VII. Opinions and Expert Testimony |
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Evidence definition |
In law, various things presented to a judge or a judicial body for the purpose of resolving a disputed question of fact |
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Trial evidence consists of what? |
-sworn testimony of witnesses -exhibits received into evidence -facts which attorneys have agreed to or stipulated |
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What is not evidence at trial? |
-arguments and statements by attorneys -opening statements -closing arguments -questions and objections by attorneys -testimony that has been excluded or stricken |
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Direct Evidence |
-stands on its own to prove an alleged fact -testimony by a witness about what they personally observed/heard/did |
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Circumstanantial Evidence |
-proof of facts offered as evidence from which other facts are to be inferred -must be examined cumulatively -Courts reluctant to convict when only evidence in case -indirect evidence |
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What are the four specific types of evidence? |
1. Real: anything tangible 2. Demonstrative: illustrates testimony; diagrams, photos, videos, etc. 3. Documentary: printed or written paper relied upon to establish some fact; copies of public record, official documents, certificates 4.Testimonial: most basic form |
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Three Prerequisites for Admissibility |
1.Relevance 2. Materiality (does it prove a fact that is at issue) 3. Competence (can't be barred by any exclusionary rule) |
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ADFS's Ethics Statement |
Forensic scientists shall maintain maintain the good moral character, high integrity, good repute, and high ethical and professional standard |
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Ethical Conduct |
-conduct themselves with honesty and integrity always -never knowingly misrepresentation of their qualifications, evidence, results, examinations, etc. -refrain from misuse of confidential knowledge -be aware of possible conflicts of interest -strive to avoid conflicts -always be fair and impartial -do nothing that would imply partisanship -always act in accordance with precepts of ethical practice |
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What do we release under discovery? |
-copies of laboratory books -copies of quality control tests run -copies of reports the lab issued -written report declaring a match or non-match and actual size measurements -statements of observed contaminants and why -statements of any other lab errors -chain of custody -how allele frequency was calculated -etc. |
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Explain the Trial Process |
(1) Arrest (2) Charged (3) Initial Appearance Arraignment: inform suspect of charges against them (4) Initial Appearance: set bail, judge decides if there's probable cause (5) Grand Jury: prosecution presents its evidence to determine if sufficient to go to court (6) Arraignment: charged with offense, asked if they want to plea (7) Discovery & Pretrial motions (8) Jury selection (9) Opening statement (10) Trial (11) Closing arguments (12) Jury deliberates (13) Sentencing |
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Alabama Judicial Districts |
-three: (1) Northern District (divided into 7 divisions) (2) Middle District (divided into 3 divisions) (3) Southern District (divided into 2 divisions) |
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Discovery definition |
-a procedure designed to allow disclosure of information between plaintiffs and defendents -prevents trial by ambush |
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Interrogatories definition |
written questions from plaintiff to defendant, or other way around-->require written response |
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Deposition definition |
a procedure where verbal questions are asked; recorded by a court reporter, who swears the person to tell the truth before answering |
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What are the 5 divisions of ADFS? Where does FB fall into? |
1. Death investigation 2. Toxicology 3. Criminalistics --> FB is here! 4. Implied Consent 5. Administrative |
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Definition of Critical Instrument/Equipment? |
those requiring calibration or a performance check prior to use and periodically thereafter |
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What are the critical instruments in our lab? |
-the ones that require annual performance checks at a minimum -balance/scale -thermal cyclers -robotic systems (symphony, agility, 7500) -genetic analyzers (3500) -mechanical pipettes -thermometers -pH meter -fridge/freezer/water baths/oven temps |
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Definition of critical reagent? |
-determined by empirical studies or routine practice to require testing on established samples before use on evidentiary/casework samples -also what are deemed critical by the lab -QC each lot # before using (use NIST traceable standards) |
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Labeling requirements for reagents? |
-reagent name -concentration (where appropriate) -prep date -expiration date (when appropriate) -storage requirements (where appropriate) -preparer's initials |
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List the critical reagents used in our lab & how to QC them? |
-commercial kits for genetic typing (Globalfiler): each lot # tested against positive and negative controls -commercial kits for quantitative PCR (Quant Trio): tested against at a minimum, a blank sample and the supplied DNA quant standards |
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What is an internal validation study? |
-validation performed at individual labs -all must be documented and summarized -shall define quality assurance parameters and the interpretation guidelines--> including guidelines per mixture interpretation (as applicable) -includes: known/non-probative evidence samples, mock evidence, reproducability and precision, sensitivity and stochastic studies, mixture studies, contamination assessment |
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What is a developmental validation study? |
-performed at manufacturing step -includes: species specificity, stutter studies, concordance, population study, etc. -performed before internal validation |
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Departmental Objectives |
-service -integrity -respect -quality |
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What does NIST stand for? |
National Institute of Standards and Technology |
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Audit Definition |
an inspection used to evaluate, confirm, or verify activity related to quality |
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What's the difference between quality control (QC) and quality assurance (QA)? |
-QA: umbrella for quality system (continuing education, tech reviews, proficiency testing, educational requirement, training) -QA covers QC -QC: day to day operational techniques (testing reagents, reagent blanks, controls, checking temps, performance checks, etc) |
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Minimum requirements for analysts? |
-minimum B.S. in biology, chemistry, forensic science, or related field -coursework/training in molecular biology, genetics, biochemistry, and statistics -minimum experience in DNA lab--> 6 months prior to reporting DNA results (in accordance with FBI national standards) |
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Why is it important to be accredited to FBI QAS? |
so our lab can participate in CODIS (to enter and upload profiles) |
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General rule for shelf life of reagents? |
-storage at room temp: 6 months shelf life from date of prep -reagents requiring refrigeration: 12 months from the date of prep |
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Definition of Work Product |
material that is generated as a function of analysis, which may include extracts, amplified product and amplification tubes/plates as defined by the laboratory |
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What is critical equipment to the DNA analysis process? |
-thermal cyclers -ABI 3500 genetic analyzer -pipettors -thermometers -balances |
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Definition of dedicated equipment |
equipment in PCR amp area of lab is for post-amp use and SHALL NOT be removed from the amp area without being decontaminated |
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How often are we audited? Who are we accredited by, and to what standard? |
-MUST be audited annually (internal or external) -Must be audited every 2 years by outside agency as per FBI QAS -don't have internal/external on same year -as an agency, audited by ASCLD-LAB every 5 years -accredited by ASCLD-LAB to ISO 17025 |
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What is ASCLD-LAB? What is ISO? |
-ASCLD-LAB: American Society of Crime Laboratory Directors; Laboratory Accreditation Board -ISO: International Organization for Standardization |
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ADFS Deputy Directors? |
Dale Carpenter: Deputy Director for Technical Services (also supervisor for discipline chiefs) Rod Kennette: Deputy Director for Administrative Services (supervisor for lab directors) |
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What is DAB? |
-DNA Advisory Board -established by FBI Director under the DNA Identification Act of 1994 |
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Quality Policy Statement |
-accuracy of the analytical results
-integrity of reports and case records -timeliness of responses |
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Validation definition |
-process by which a procedure is evaluated to determine its EFFICACY and RELIABILITY for forensic casework analysis and includes the following: 1. developmental (manufacturer) 2. internal (individual labs) |
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When did the initial implementation of the FBI QAS? When's the most recent revision? |
-revision one was October 1st, 1998 -most recent revision was July 1st, 2009 |
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Biochemistry definition |
study of the nature of biologically important molecules in living systems, DNA replication, and protein synthesis, and the quantitative and qualitative aspects of cellular metabolism |
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Explain chain of command in terms of QAS and technical issues? Admin issues? |
-technical issues: section chief-->regional -technical leader (angelo)-->statewide technical leader (angelo) -admin issues: section chief-->lab director (nathan is scientist rater, and angelo is reviewer) |
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Definition of probative |
-establishes or contributes to proof -helps prove fact or issue |
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What measurements are taken on knives/ other weapons? |
-knives: blade to handle length, length of blade, width of blade, length of handel -guns: draw, measure, serial # -hammers: draw/measure head of hammer, width of hammer head, length of whole hammer, measure head diameter |
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Examples of when appropriate to sketch items of evidence/what to include? |
-analyst discretion -best to sketch and have more detailed notes for court -note details like design, brands, color, stains tested and their locations |
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Appropriate sealing procedures |
sealed with packing tape, tamper resistant evidence tape, and initials (if large item, it can be wrapped in butcher paper first) |
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How to minimize contamination during examination of evidence? |
-have different lab areas for examination -wear PPE -change gloves after each case and between items -handle items as little as possible -collect/package/seal items individually -clean work area before and after -work Q and K samples at different times |
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What is chain of custody? |
-tracking of where items of evidence are at all times -electronic record of: person, location, date, time, item descrption -who has evidence, where, how long, what date, etc. |
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Teratogen |
an agent or factor that causes malformation of an embryo |
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ways to collect trace evidence? |
1. sweeping 2.picking (tweezers) 3.lifting (tape) 4.scraping 5.vacuuming (like at crime scene) 6.combing 7.clipping |
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How to label reagents/chemicals?- |
-lot #, date prepped, date recieved, expiration date, date opened, concentration, date out, NFPA label |
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Explain NFPA label |
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What is derivative evidence? How to handle it? |
-"in house", created evidence work product -does not require chain of custody |
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Give an example when recovery of trace evidence is not required or probative for a specific evidence item? |
-trace not analyzed at ADFS, can send to FBI upon request -not probative: when assailant is NOT a stranger (like father/daughter, live in bf/gf) -probative: if victim and suspect are strangers |
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proper seal v. regular seal |
-proper seal: packing tape, tamper resistant evidence tape, initials -seal: only tape (not tamper resistant), no initials |
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Explain Locard's Exchange Principle |
whenever two items come into contact with one another, there is always an exchange of material |
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What are universal precautions? What's PPE? |
-universal precautions: treat everything as if it could cause disease -Personal Protective Equipment: lab coat, gloves, eye wear, face mask, etc. |
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Describe the structure of hair |
-medulla: innermost layer, present in large & thick hairs -cortex:strength and color -cuticle: colorless, protector of the cortex |
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What are the legal requirements for the admission of evidence in a court of law? |
-FRE 402: relevant evidence is admissible unless any of the following provides objection--> US Constitution, a federal statute, the FRE, other rules prescribed by the Supreme Court |
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What are the three phases of hair growth? |
1. Anagen: growth phase: full-sized and active follicle -Catagen: transition phase: shrinks metabolic activity: hair growth begins to slow down -Telogen: resting phase: metabolism and growth cease |
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Things to include in case file? |
1. original screening notes 2. DNA worksheets (extract, quant, amp, e-grams) 3. profiling sheets 4. CODIS entry 5. match estimation/stats 6. report 7. tech review 8. chain of custody 9. evidence receipt 10. submission form |
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Names of standards we follow and sections? |
-FBI QAS for DNA testing labs (recommendations made by SWGDAM) -17 total sections: validation, education, security, review process, organization & management, personnel, facilities, evidence control, proficiency testing, audits, corrective action, safety... |
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Purpose of proficiency testing? |
demonstrates the quality of performance by the analyst and serves as a mechanism for critical self-evaluation |
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External proficiency test requirements? |
-test semi-annually (time b/w test at least 4 months and no more than 8 months)-->FBI standard -perform manual and automated methods at least once per year |
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Who reviews all proficiency testing materials? |
Discipline chief & statewide technical leader--> Angelo Della Monna |
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Proficiency test discrepancies? |
-can subit 2nd test within one month of discrepancies -if 2nd test has discrepancies, analyst undergoes training and takes 3rd test -everything must be documented by test coordinator and discipline cheif |
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What does SWGDAM stand for |
Scientific Working Group on DNA Analysis Methods |
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Calibration definition |
the set of operations which establish, under specified conditions, the relationship between values indicated by a measuring instrument/system, or values represented by a material, and the corresponding known values of a measurement |
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What are the uses of bloodstain pattern interpretation? |
-origin of bloodstains
-distance b/w impact areas and origin at time of blood shed -type & direction of impact that produced pattern -ID objects that produced particular bloodstains -# of blows, shots, etc that occurred --positions of victim, assailant, objects at scene -any movement of the latter |
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Is luminol a confirmatory test for blood? |
NO! only presumptive for the presence of blood |
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Which way is the blood traveling? |
the tail points away from the origin and points toward travel |
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Where can luminol be sprayed/used? |
-indoors -outdoors (at night) -porous/non-porous surfaces -vehicles *just about anywhere* |
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How to tell between true and false positives for luminol? |
true positive= long lasting glow false positive= flashes |
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What is angle of impact? |
the angle at which blood strikes a surface |
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A. back spatter on bullet entry B. forwards spatter on bullet exit |
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projected blood spatter |
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transfer/contact pattern |
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Differences in characteristics of blood on rough v. smooth and porous v. non-porous surfaces? |
-texture (rough v. smooth) affects shape of droplet--> collisions with surfaces that aren't flat -more absorptive-->better spreading of droplet into surface -thickness-->thick and absorptive surface pulls droplet into matrix and keeps from spreading |
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How are 2D points of convergence calculated? |
2D= graphical drawing -measure location of bloodstains relative to a known set of points with the angle of directionality on the horizontal surface of target |