Criminalistics - An Introduction to Forensic Science Part 3

Evidence Admissibility: The Frye Standard • The Frye v. United States decision set guidelines for determining the admissibility of scientific evidence into the courtroom. • To meet the Frye standard, the evidence in question must be “generally accepted” by the scientific community. Frye Not Absolute (1 of 2) • However, in the 1993 case of Daubert v. Merrell Dow Pharmaceutical, Inc., the U.S. Supreme Court asserted that the Frye standard is not an absolute prerequisite to the admissibility of scientific evidence. Frye Not Absolute (2 of 2) • Trial judges were said to be ultimately responsible as “gatekeepers” for the admissibility and validity of scientific evidence presented in their courts, as well as all expert testimony. Evidence Admissibility: The Daubert Criteria (1 of 2) • In Daubert, the Supreme Court offered some guidelines as to how a judge can gauge the reliability of scientific evidence: – Whether the scientific technique or theory can be (and has been) tested – Whether the technique or theory has been subject to peer review and publication – The technique’s potential rate of error The Daubert Criteria (2 of 2) – Existence and maintenance of standards controlling the technique’s operation – Whether the scientific theory or method has attracted widespread acceptance within a relevant scientific community Other Landmark Cases – Kumho Tire Co., Ltd v. Carmichael determined that the judge acts as a “gatekeeper” not only for scientific testimony, but any expert testimony. – Melendez-Diaz v. Massachusetts determined that an expert witness must appear in person to provide testimony in court so that the defense has an opportunity to cross-examine the witness. Evidence Collection Training • Many crime laboratories have “evidence technicians,” trained by the crime lab staff, on 24-hour call for evidence collection at crime scenes. • Training ensures all pertinent evidence will be recognized and collected properly. • Where no formal training exists, familiarity can be gained through lectures, tours of the lab, and evidence collection manuals. Special Forensic Science Services (1 of 3) • A number of special forensic science services are available to the law enforcement community to augment the services of the crime laboratory: – Forensic psychiatry – Forensic odontology – Forensic engineering – Forensic computer and digital analysis Special Forensic Science Services (2 of 3) • Forensic psychiatry is an area in which the relationship between human behavior and legal proceedings is examined. • Forensic odontology involves using teeth to provide information about the identification of victims when a body is left in an unrecognizable state; also investigates bite marks, though this has become a controversial method of analysis. Special Forensic Science Services (3 of 3) • Forensic engineering is concerned with failure analysis, accident reconstruction, and causes and origins of fires or explosions. • Forensic computer and digital analysis involves the identification, collection, preservation, and examination of digital evidence.