In my opinion the validity of scientific techniques and the underlying reason behind an expert’s testimony, should be applied to facts of the case. Although the rules of evidence that involves the Daubert standard, could be a challenge to prove for forensic experts, the admissibility of evidence will actually be valid upon scientific techniques that have been experimented and tested with publications and peer reviews to back it up. The problem with Frye is that with the advances in technology and methodology in forensic applications the reliability of such evidence could be based off the mistrial and false rulings of many cases instead of techniques that were tested, peer reviewed, have known potential error rates, etc. Therefore emphasizes is being put on the importance of determining to reliability of scientific evidence by the origin of its scientific method. The scientific evidence will less likely be misused or falsified to sway one side or the other.…
During a trial in court to prove an offender guilty, the prosecutor will use all types of evidence such as, testimonies, direct, circumstantial, or physical. Though most of the case is based off of forensic evidence because it is the most important as stated in “Forensic Evidence” by Andrea Campbell. Forensic science is a science applied to answering legal questions regarding crimes scenes and the people involved in them, it falls under physical evidence because it can be found by scientific means such as fingerprints and DNA test. And it can also be hard evidence such as weapons and clothing.…
Evidence Interpretation Over the years, there have been several cases that have been resolved with a false guilty plea or cases where a guilty party was not convicted of a crime. There are various elements that play a role in solving cases; evidence is a one of these key elements. Many factors can determine if the evidence submitted before a court of law is accurate such as how the evidence is collected, if proper protocell was followed before the laboratory’s handling of the evidence, and if the evidences was accurately processed by the crime scene laboratory by various forensic scientists. Furthermore, with the advances in technology in today’s society, various pieces of evidence such a DNA analysis have been considered a crucial element…
The Marvelous World of Forensic Science What is Forensic Science and how did it begin? What is its preponderancy in solving crimes? These are some of the questions that some may ask when they hear the term forensic science. To understand what forensic science is let’s look at its meaning, Forensic Science is the scientific method of gathering and examining information about the past which is then used in a court of law.…
The outcomes of a majority of crime scene investigations, which result in the prosecution of a suspect, is dependent upon the tenacity and admissibility of evidence. At trial, the evidence presented can be anything can be evidence that provides direct proof in support of a claim or belief of an assertion to prove or disprove any facts in speculation at trial or controversy, thus confronting flaws with proof or other means to form a conclusion or judgment. Simply put, anything that might have the slightest bearing on the outcome of a case can be broadly classified as evidence, provided it has a logical tendency to relate to the outcome of the case, therefore, in a criminal case, if the matter has a bearing on the guilt or innocence of the defendant,…
The quality and reliability of forensic testing is extremely important to the criminal justice system. If the best evidence is not submitted in court, the guilty may go unpunished or an innocent person may lose their liberty. One system to help address issues surrounding accuracy and quality of forensic testing is accreditation through the American Society of Crime Laboratory Directors and its Laboratory Accreditation Board (ASCLD/LAB). ASCLD/ LAB provides an independent, impartial and objective system by which laboratories undergo a total operational review.…
The collection of voluminous amounts of network forensic data makes the creation of an evidential image or even processing the data collected difficult. The digital forensic examiner may be called upon to provide digital evidence in support of a conventional criminal investigation, such as fraud, embezzlement, or intellectual property theft. Thus, there is a problem where law enforcement agencies are faced with the challenge of adopting new investigation methodologies as too is the forensic examiner. This calls for a hybrid investigation approach, where both law enforcement and the forensic examiner approach the investigation process in the same manner. (Konstantinos, Emmanouil, & Vassileios, 2013).…
Introduction: Forensic science is the application of various scientific techniques and methods to investigate the physical Crime evidence. Forensic science links the Suspect, victim to crime scene, and link victim to suspect and suspect to victim. To determine the relevance of the evidence, number of different techniques are being used. This evidence is than presented in court of law in order to determine the innocence or guilt of a suspect.…
As a surprise, forensic science error is the second leading cause of wrongful convictions. This could be due to how forensic scientists or forensic examiners present the evidence. Invalidated or improper forensic science contributed to the wrongful convictions of about half of DNA exonerations. (innocence) Though there has been a significant increase with science over the years, there are still issues with other forensic techniques, such as hair microscopy, firearm tool mark analysis, bite mark analysis, and even shoe print comparisons.…
Gruesome crime scenes, intricate analysis, and unsolved mysteries are just some of the many wonders that come along with forensic science. The tasks of a forensic scientist are not always noticed, but they play a major role in uncovering the truth. A forensic scientist must be educated enough to determine the relevancy of facts and items in an investigation (“What’s...Scientist”). A scientist in this field can specialize in multiple subjects including biology, chemistry, firearms, pharmacology, and toxicology (“Forensics”).This field of investigation is the most important field in our modern day society because it is used by law enforcement officials to solve crimes, it establishes the guilt or the innocence of suspects, and it provides the…
Have you ever wondered what Forensic Science is all about or even wondered about the differences forensics has to offer? Well, let’s start with the word forensic. Forensic is defined by Black’s Law dictionary as “belonging to courts of justice”. Forensic Science is the application of scientific knowledge to legal problems. It is also the scientific method of gathering and examining information about the past, they are used in the court of law.…
Evidence is collected at a crime scene to be used in a court trial. Investigators collect all kinds of evidence. The four major kinds of evidence used in a trial are testimony, direct evidence, circumstantial evidence, and real, or physical evidence. As explained in “Forensic Science:…
Physical evidence found at a crime scene can provide crucial facts about the manner of death, the identity of a suspect or victim, and other facts about the scene. The proper identification, documentation, recovery, packaging, and transportation of evidence can be a deciding factor to allow or bar evidence from a criminal trial. Once the crime scene has been secured by first responders, the crime scene technician or investigator should take photographs, video, and sketches of the scene and evidence prior to the collection of evidence. The proper recovery and preservation of dried blood evidence can establish a link between a victim and a suspect, free the innocent, and convict the guilty.…
Assignment 5.3: Role of Investigator Introduction Investigators have an immense role in the criminal justice system. They have to ensure they follow due process, as well as, keeping the integrity of the evidence to prove continuity when entered into court. In the QB trial video, R v. Perry and Manitoba (2016), the investigating officer, Constable York, seized four exhibits: a wallet, a Timex watch, a kitchen knife, and a gun replica, which entered into court as physical evidence. Constable York also testified as a key witness, who then had to undergo a cross-examination by the defence counsel.…
There are multiple stages of the criminal court process that create a burden of proof that contribute to criminal justice investigations. Every court process begins with a crime allegedly committed to determining its legal status. Law enforcement and detectives determine if the crime was illegal or legal due to the investigations. They investigate a crime by interviewing victims, witnesses, and suspects. They also gather physical evidence by taking pictures, fingerprint, and DNA samples.…