Forensic Science Chapter 1: Introduction to Forensic Science and the Law

Criminalists

is the examination of physical evidence.

Anthropology

The study of humans

Pathology

investigation of sudden, unexplained, or violent death

Evidence

anything that tends to establish or disprove a fact; can include documents, testimony, objects, and behavior that will help to interpret the evidence

Ballistics

the science that deals with the motion, behavior, and effects of projectiles, most often firearms and bullets.

Statuatory Laws

legislative acts declaring, commanding, or prohibiting something.

Common/Case Law

the body of law made up of judicial opinions and precedents.

Civil Law

deals with non-criminal suits brought to protect or preserve a civil or private right or matter.

Criminal Law

regulation and enforcement of rights, setting the acceptable limits of conduct in society

Misdemeanor

a minor crime, less than a felony, usually punished with a fine or confinement other than in a prison.

Felony

a serious crime, such as murder, punishable by more than one year of imprisonment up to execution.

Probable Cause

it is a situation in which a reasonable and prudent person, viewing the available information, would conclude that a crime has been a committed and that the suspect did it.

Stare Decisis

Latin for "to stand by the decision". Meaning legal decisions are to be followed.

Miranda Rights/Warning

is rights guaranteed by the Constitution that the police must tell arrestees about, especially the right to remain silent and the right to an attorney.

Booking

a police procedure following arrest that records basic information about the suspect, a photograph, and fingerprints, and perhaps includes a lineup.

Arraignment

the first act in a criminal proceeding, where the defendant is brought before the court to hear charges and enter a plea.

Nolo Contendere (no contest)

in a criminal lawsuit, a defendant neither admits nor denies a crime but accepts punishment as though he or she were guilty.

Preliminary/Evidentiary Hearing

this is a hearing before a magistrate or a judge to determine whether a person charged with a crime should be held for trial (also called preliminary examination)

Bail

this is money put up to guarantee that the defendant will appear in a court. Bondsman fee 10% then hire bounty hunters if jump bail.

Grand Jury

is a group of people sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals.

Indict

is to formally accuse a person of a crime

Plea Bargaining

this is an agreement in which a defendant pleads guilty to a lesser charge and the prosecutor in return drops more serious charges to avoid the cost and time of the trial.

Violation

this Breach of a right, duty, or law.

Infraction

this is a violation of a rule or law that is not punishable by prison.

Probative

in evidence law, tending to prove something.

Material Witness

in evidence law, relevant and significant. A material witness has information about the subject.

Hearsay

this is testimony given by a witness who relates what others have said (not what she heard, saw, or knew personally) Credibility problem. Hearsay exception in civil suits.

Expert Witness

It is a witness who is a specialist in a subject (often technical) gives opinion without witnessing occurrences related to the trial.

Frye Standard

It is a "general acceptance" test What scientific evidence is admissible? This applies to new science.

Daubert Ruling

This is an updated revision of Frye Standard. "Endorses scientific Method, hypothesis testing, estimates of error rates, peer-reviewed articles, & general acceptance.

Junk Science

these are theories based on distorted, flawed, or untested hypothesis (not scientific method)