Legal Aspects Of Forensic Sciene

Question 1

What 4 things make up a criminal investigation?

Answer 1

1. Response to the scene
2. Analysis of evidence
3. Depositions - testimony is given under oath but not in court or before a judge
4. Court testimony

Question 2

Define the terms ‘discovery’ and ‘reciprocal discovery’

Answer 2

DISCOVERY - process where one side in litigation seeks to gather information about testimony and evidence that is in the hands of the other side

RECIPROCAL DISCOVERY - broaden discovery in criminal cases both in favour of the defendant and prosecution

Question 3

Define the term ‘subpoena’

Answer 3

Order issued under the direction of a court commanding the presence of a witness at a specific time and place to give testimony or other evidence

Question 4

Define the terms ‘real’ and ‘demonstrative’ evidence

Answer 4

REAL - physical and consists of things that help link a suspect to a crime or explain the incident

DEMONSTRATIVE - supporting materials such as crime scene photos or sketches = doesn’t arise directly from the commission of the crime and is generated by observation and documentation of the crime scene

Question 5

What is the task of an expert witness?

Answer 5

State conclusions and opinions based upon their examination of evidence or observation of the crime scene or parties to the crime = must be within the purview of their expertise

Question 6

What are the 2 rules for evidence admissibility?

Answer 6

1. Relevance

2. Competence

Question 7

What 2 components make up relevance when determining admissibility of evidence?

Answer 7

1. Materiality
   - applies to a matter dealing with the case at hand and not another case
2. Probativeness
   - tends to make a fact or issue more or less probable than if the evidence were not present

Question 8

What 6 components determine admissibility of evidence?

Answer 8

1. Prejudice
   - highly relevant but can be viewed negatively by the jury
2. Time wasting
   - won’t tolerate evidence that wastes time as it can distract the jury of confuse them
3. Unreliable
   - must be reliable if the jury is to be able to weight it properly in reaching a decision about guilt or innocence
   - hearsay = unreliable -> statement made by someone outside a courtroom and not under oath of which is now being used inside court
4. Improper procedures
   - in place to protect the jury as well as the rights of the accused
5. Existence of privileges
   - privilege is a protection given to someone to protect them from having to offer testimony against another person
6. Constitutional constraints

Question 9

What are the 4 criteria a judge can used in the role of gatekeeper?

Answer 9

1. Falsifiability
2. Knowledge of error rate
3. Peer review
4. General acceptance