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Swanson, Criminal Investigation 8/e
Criminal Investigation, 8/e
Charles R. Swanson, University of Georgia
Neil C. Chamelin, Assistant State Attorney, Second Judicial Circuit
Leonard Territo, University of South Florida- Tampa

The Crime Laboratory

Chapter Outline

I. FORENSIC SCIENCE AND CRIMINALISTICS DEFINED (See Slides 7-2 and 7-3)

The terms "forensic science" and "criminalistics" are often used interchangeably.

A. Forensic science is that part of science applied to answering legal questions.

B. Criminalistics which is one of the branches of forensic science, deals with the study of physical evidence related to a crime.

II. CRIME LABORATORIES: PROGRAMS AND PERSONNEL DISTRIBUTION (See Slides 7-5, 7-6 and 7-7)

A. There are more than 350 federal, state, and local crime laboratories in this country.

B. The morgue. One type of crime lab often forgotten is the morgue. A morgue is not just a place that houses the bodies of deceased persons but is critical on the forensic scene as the place where cause of death is determined.

C. Expectations. It is not unusual to find situations in which investigators not acquainted with the services of the crime laboratory expect too much from scientific analysis.

1. The analysis of evidence can be no better than the samples submitted.

2. The investigator therefore has a vital role to play in the success of laboratory examinations.

III. MEASURES OF EFFECTIVENESS OF CRIME LABORATORIES (See Slides 7-5, 7-6, and 7-7)

The effectiveness of crime laboratory services can be measured in terms of three criteria: quality, proximity, and timeliness.

A. Quality is judged largely on the technical capabilities of the laboratory and the abilities of the personnel who staff the laboratory.

B. Proximity. It is understood, if not accepted, that most law enforcement agencies cannot afford to staff and maintain a crime laboratory. Studies have shown that evidence submission decreased sharply as the distance from the crime scene to the laboratory increased.

C. Timeliness. Timeliness, also extremely important to the investigator, is the third measure of effectiveness of a crime laboratory.

D. Admissibility of Examination Results. In 1923, a federal court rendered a decision in the case of Frye v. United States established a standard which provided that, for the results of a scientific technique to be admissible, the technique must be sufficiently established to have gained general acceptance in its particular field. In 1993, the U.S. Supreme Court in Dawber v Merrell Dow Pharmaceuticals, Inc. held that the Frye test was no longer valid in federal courts. Rather, a trial court must determine whether the testimony of an export is based on a scientifically valid methodology and can be properly applied to the facts of the case. (See Slide 7-8)

1. Although Daubert only applies to cases in federal courts, a number of states have adopted the Daubert standard.

2. Consequently, the application of Daubert and its aftermath has presented a challenge to crime laboratories to ensure that the standards imposed by the Court are followed in forensic examination so that expert testimony and the results of examinations by crime laboratory personnel will be admissible, in both state and federal courts.

IV. TECHNOLOGIES (See Slide 7-9)

The speed at which technological advances with forensic applications are developing, expanding, and evolving makes their description immediately obsolete.

A. Because of the critical role that investigative and forensic sciences play in our Nation’s system of justice coupled with the Attorney General’s interest in the rightful conviction of criminals as well as the exoneration of innocent persons, prompted a significant investment in improving efforts in these areas.

1. NIJ has demonstrated the use of teleforensic technology as a means for communicating knowledge from forensic scientists in a crime laboratory to investigators at a crime scene.

2. The NIJ is also heavily into many projects to establish standards and protocols for DNA analysis, the development of newer, faster, more accurate DNA testing methods.

B. DNA Analysis (See Slides 7-10, 7-11 and 7-12)

Advances in technology have helped DNA testing to become an established part of criminal justice procedure. Questions about the validity and reliability of forensic DNA test methods have been addressed, and for the most part validity and reliability are established. As a result of DNA testing, traditional blood testing and saliva testing have been rendered obsolete because DNA is found in these substances and, if fact, is found in all body tissues and fluids.

1. DNA evidence may be found and collected from virtually everywhere at a crime scene.

2. Even though DNA may be collected from a crime scene, it may not be submitted to a laboratory for a variety of reasons.

3. DNA Technologies - In 1985, Alec Jeffreys and colleagues in England first used DNA in a criminal case. Shortly thereafter, DNA evidence began making appearances in trials in the United States.

4. Just as contamination is an issue in the collection and packaging of evidence containing DNA, so contamination is a very big issue in the handling of DNA during extraction and examination.

5. Population Genetics - Statistics. Just a fingerprint examiner expert must testify in court that no two people have identical fingerprints, the effectiveness of DNA evidence in court depends on the ability of a witness to explain the probability that no other person, except an identical twin, would have the same DNA sequences.

6. Databanking and CODIS. Today, all U.S. jurisdictions have legislation requiring the data banking of DNA evidence of convicted offenders. (See Slide 7-13)

a. In addition to individual-jurisdiction data banking, there is a national investigation support database, developed by the FBI, called CODIS (COMBINED DNA Index System)

b. CODIS is used in the national, state and local index-system networks to link typing results from unresolved crimes with cases in multiple jurisdictions or persons convicted of offenses specified in the data-banking laws passed by the jurisdictions.

7. Standards, Testing, Research, and Development

Laboratory accreditation by the American Society of Crime Lab Directors-Laboratory Accreditation Board (ASCLD-LAB) in all areas of forensic science required that quality assurance measures be in place at the laboratory.

a. Quality assurance standards have been developed for DNA analysis by the FBI’s DNA Advisory Board

b. The National Institute of Standards and Technology has tested these performance standards.

8. Human Genome Project

The Human Genome Project is a $20 billion international effort to map the 50,000 to 100,000 genes found in the human body.

a. In the long run, this mapping should lead to many medical and forensic breakthroughs.

b. It is anticipated that, within a decade, genetics laboratories will be able to determine an individual’s personalized DNA sequence from a blood sample.

9. Post Conviction DNA Testing (See Slide 7-14)

The contemporary issue in the DNA field is in post conviction cases.

C. Automated Fingerprint Identification System (AFIS) (See Slides 7-15 and 7-16)

1. In the early 1970s, the FBI and the National Bureau of Standards conducted feasibility research for establishing an automated fingerprint identification process.

2. AFIS allows law enforcement agencies to conduct comparisons of applicant and suspect fingerprints with literally thousands or millions of file prints in a matter of minutes.

3. AFIS has two major duties (See Slide 7-17)

a. First is performing the functions of classifying searching and matching prints.

b. Second is the storage and retrieval of fingerprints data.

4. In July 1999, law enforcement agencies began to have access to the FBI’s Integrated Automated Fingerprint Identification System (IAFIA), a national on-line fingerprint and criminal history database with identification and response capabilities. (See Slide 7-18)

D. National Integrated Ballistic Information Network Program (NIBIN). (See Slide 7-19)

A joint program of the Bureau of Alcohol Tobacco and Firearms (ATF) of the Treasury Department and the FBI in the Department of Justice, the National Integrated Ballistic Information Network integrates all the elements of Ceasefire and Brasscatcher, both former ATF programs and Drugfire, an FBI program.

1. As each fingerprint is different, a firearm leaves unique identifiable characteristics on expended ammunition.

2. NIBIN compares images of ballistic evidence, both projectiles and casings, obtained from crime scenes and recovered firearms.

V. HANDLING EVIDENCE IN THE LABORATORY

A. Human Factors

In handling evidentiary materials, laboratory personnel—scientists and technicians aline—have always been cautious not to disturb or ruin the viability of the materials for any possible examination that would later prove to be useful.

B. Instrumental Analysis

The kinds of evidence subject to laboratory examinations are many and varied.

1. Emission Spectrograph - Each element, such as tin, iron, and copper, when properly burned, will give off light that is characteristic of itself and different from the light produced.

2. Mass spectrometer - This instrument is used in analyzing a wide range of forensic specimens, including drugs, poisons, accelerants, explosive residues, and biological samples, by breaking the samples down into chemical "building blocks" and creating profiles of the molecules.

3. Visible Spectrophotometer - This instrument is used for studying color and coloring agents such as dyes and pigments.

4. Infrared Spectrophotometer - This instrument passes a narrow beam of infrared energy through a thin film of the substance being studied.

5. Gas Chromatography - Essentially used as an analytical method for separation and identification of gases or liquids from complex mixtures or solutions, the gas chromatography can analyze organic material such as narcotics, explosives, paints, plastics, inks, or petroleum products.

6. X-Ray Diffraction Spectrophotometer - This instrument is used to identify and compare unknown crystalline substances.

VI. ATF FORENSIC SCIENCE LABORATORIES (See Slide 7-20)

A. These laboratories, in addition to analyzing alcohol and tobacco samples, conduct forensic examination in support of the bureau’s explosives, bombing and arson, and illegal-firearm-trafficking investigations, along with major case investigations of state and local authorities.

B. Evidence collected at crime scenes of suspected arsons is examined to identify accelerants, incendiaries, and incendiary-device components.

C. The bureau has four National Response Teams that respond to major bombings and arson disasters, nationally and internationally.

VII. THE FBI CRIME LABORATORY (See Slide 7-21)

The FBI Crime Laboratory is one of the largest and most comprehensive forensic laboratories in the world.

A. Reference Files

To aid examiners in their work, the FBI laboratory in 1932 established what is now one of the largest reference collections for helping solve cases.

1. These files are of two types:

a. standard reference files and collections, which contain known samples of items, generally of manufactured products.

b. reference files of questioned materials, which are composed of items actually arising from cases worked and which may form the basis for subsequent identification of individuals or their method of operation (Mos).

2. Many of these collections and reference files have been computerized to provide better and faster analyses and comparisons.