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Lecture

Week 7-Forensics Lecture Notes.docx

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Department
Sociology
Course
Sociology 2253A/B
Professor
Jennifer Silcox
Semester
Fall

Description
Beginnings of Forensic Science • Alphonse Bertillon (1853 – 1914): known for the development of mug shots and crime scene photography • Bertillonage (used photography and anthropometry) • Debunked: 1) Endogeneity; 2) Replaced. - Stereotypes of forensic science: television shows have sparked interest in this field - Bertillon: controversial aspects of research: French mathematician who developed betillonage. o Identification system based on measurements of the human body  Ex length of left foot and width of head  Principles behind this was that with enough variables very few people should have the same measurements o What are the chances of having someone being 5’9 size 12 shoes etc. o Fingerprints and mug shot rose out of o Anthropometry means measuring of the man o Racist application of this science o Reinforced racial stereotypes - Debunked because of two reasons: - Endogeneity: factors depend on each other for that outcome o Example: effect of campaign spending on the chances of electoral success - Replaced: some aspects not used anymore • Edmond Locard (1877 – 1966): a pupil of Bertillon; the director of the first crime laboratory in France; • Sherlock Holmes of France • Locard’s exchange principle - Student of Bertillon - Developed exchange theory - Became Sherlock Holmes of France - Believed that offender would leave something and take something o Every contact leaves some sort of trace Role of Forensic Laboratories • Brief history of forensic laboratories: • Beginning of 20th Century and into the early 1920s crime scene materials given to non-CJS outside sources for analysis. • 1932 Dr. E. R. Frankish to organize a laboratory in Toronto • 1931 Commissioner J.H. McBrien sought to establish a RCMP force laboratory. • Lucas S. May (President of the Northwest Association of Sheriffs and Police responded regarding what a good laboratory would consist of. - Did not have a unified place to send evidence to - Wasn’t until 1932 that Ontario enlisted Dr. Frankish to organize a laboratory in Ontario where they did autopsies, examines of hair, semen, plant materials, etc. o Later expanded to do stuff like urine test samples o A lot of these people worked for Locard o Need for these laboratories were not a big deal before 1931 since crimes were more established  In 1931 this changed o Lucas May gave a generalized view of what you need in a laboratory  You need to have weapons to know what does what, police with background in the fields and science based individuals  Regular employees would not be suitable to carry out this sort of research  So many things will occur to the person who is trained on the investigated lines that one who is not  Need for specialized detectives • Brief history of forensic laboratories: • 1937 laboratory in Regina opens • 1942 laboratory in Ottawa opens (Rockcliffe Crime Detection Laboratory) • Late 1950s-1960s changes in budgeting and growing sophistication • http://www.cbc.ca/player/Embedded- Only/News/NS/ID/2238281950/ - With budget constraints that when you needed to see why they needed the costs - Needed to justify costs for everything - Administrative duties vs. costs - • Forensic Science and Identification Services (FS&IS) with the RCMP provide programs and services to clients in Canada and internationally through: • FS services • Crime scene • Repositories • Data banks • Objectives of Laboratories: 1) Production of Evidence; 2) Education; 3) Research; • http://www.cbc.ca/player/News/ID/2396407360/ - Forensic sciences services - Sometimes although we think of forensics science as police crimes they also actually appear in civil proceedings and coroners request to give opinions - Objectives: o To provide admissible evidence to help:  Interpret evidence aid attorneys, coroners, etc.  Also so educate those using forensic sciences  Provide research for better methods with regards to forensic sciences Beginnings of Forensic Psychology • Hugo Münsterberg (1863 – 1916): study of eyewitness testimony; the psychology of false confessions • On the Witness Stand (1908) - Published books (on the witness stands) - Published about factors that can change trials outcomes o Rational and scientific needs for probing information from witnesses which can help in arriving at false testimony o What impacts juries to come to their conclusion and their impacts o Controversial: eye witness testimony is not reliable o The illusion of what we have in our mind can be a lot different then reality o Our own memories can be unreliable and inaccurate o Because of the fact memory is not reliable or inaccurate we have to be careful as accepting forensics evident and forensic psychology as facts o Talked about different ways police interrogate different subjects to arrive to different confessions or testimonies Psychological Profiling • Psychological profiling • Investigative psychology • Eyewitness Testimony • Police Interrogations/Confessions • Expert Testimony • Determining Insanity - PP: assumes crime scene reflects personality of offender - IV: focuses on classification or description of criminals and showing connections between criminal activities and their everyday lives - ET: accuracy of eye witness testimony being vital to court proceedings to establish some sort of fact - PI/C: - ExT: experts coming in to provide some sort of scientific or professional opinion on what occurred; not supposed to be an advocate in either size; neutral overview of expertise - DI: where we have designation of not being criminally responsible for criminal activity if they do not know what they are doing C.S.I. Effect -Professor Scott Fairgreive • Much of what is viewed on television regarding police work and forensics is false and contains significant mistakes • Jurors experience the “CSI Effect” • http://visual.ly/csi-effect-fact-vs-fiction - Reality might not correspond to what we see in the movies - Tools on television are unrealistic for them to get - Most serious issues get processed first - Treodge system? - This Prof talked about jurors experiencing CSI Effects o When are these people going to show glamorous evident to prove guilt o If they are not being “wooed” with forensic science they often struggle with distinguishing between what is available and what they are seeing Debunking Forensic Science • February 2009 -National Academy of Sciences issues report in the United States regarding how many of the popular methods of forensics have not been scientifically validated. • Eg. Fingerprints • American research study on fingerprints and forensics (Ulery, Hicklin, Buscaglia, and Roberts, 2010) -what did the find? • What are the three problems associated with fingerprinting linked to the 2009 report? - Study found that what was popular and known to public was not scientifically proven in reality - For example the fingerprint method mentioned above has not even been validated in reality - Innocence project for people who have been wrongfully convicted was made because of this - Little has been done on validating certain methods of forensics - Study: looked at inquiry of latent fingerprints and had examiners who compared 100s of latent fingerprints from a pool of 744 pairs to established their identifies and found that 5 examiners made errors out of 10 - 85% of the examines made at least one false positive error: they thought something wasn’t a match when it actually was - What makes it scientific valid: it means that in the scientific community there is still debate on whether on not something is accurate - Can’t actually verify that everyone has their own unique fingerprint - Its invalidated because they cannot confirm - Found that the way they analyzed the fingerprints that having one fingerprint and the one to compare with may cause respondent bias when it comes to analyzing those fingerprints themselves (seeing things they want to see) Memory Experiment - In the textbook - Viewing a crime and making a judgment call on the person The Line Up - Point of it is that when they aren’t warned they may wrongfully convict The Innocence Project • “The Innocence Project’s mission is nothing less than to free the staggering numbers of innocent people who remain incarcerated and to bring substantive reform to the system responsible for their unjust imprisonment.” • http://www.youtube.com/watch?v=Czl2rf2lZfA • Eg. Forensic Evidence and DNA testing • In the USA, “*M+ore than 50% of the DNA exonerations, unvalidated or improper forensic science contributed to the wrongful conviction” (http://www.innocenceproject.org/understand/Unreliable- Limited-Science.php) • http://www.youtube.com/watch?v=BhTI9pjfvU4#t=65 - Reasons why wrongfully convictions occurs because of various errors in ye witness testimony - Numerous cases resulted from faulty evidence submitted by forensic scientists or police misconduct - Uses DNA testing to get people out of jail - 1987-Marian Cockley who was wrongfully convicted of a robbery and rape - Purpose to exonerate innocent people - 48% real perpetrator has been identified with this Recap: The Three Components of the CJS • 1. Police (gather evidence; investigate;reconstruct) • 2. Courts (Bail phase; prosecution; indictment for more serious; preliminary trial; plea bargains; disclosure; arraignment; trial phase; decisions) • 3. Corrections (to be discussed in upcoming weeks) Courts and Sentencing • Definition of Sentencing: the judicial determination of a legal sanction to be imposed on a person found guilty of an offence” (Canadian Sentencing Commission 1987, 153) • Traditional Elements: legal; imposed by judge; criminal conviction • Disposition: “the judicial determination of legal sanction to be imposed on a person found guilty of an offence” (Canadian Sentencing Commission 1987, 153) • Fundamental Principle: A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender (ie. sentence must fit the crime) - According to Robertson and Cole this definition has all those legal aspects, must be imposed by a judge, distinguished by an actual sentence - Sentence must be proportionate to the degree of the crime Purposes of Sentencing • Judicial Discretion influences sentencing. • Six Major Approaches in Canada 1. Deterrence (general and specific) 2. Selective Incapacitation 3. Rehabilitation 4. Justice/Retribution 5. Restoration/Restorative Justice 6. Healing - Includes personal preferences of the judge and seriousness of the crime - Might impact the decisions made on the victim or the sentence form the crown - Six points help us how judges arrive at a particular decision - These six show what might influence judges sentence - One: deter someone from committing a crime, taking into consideration specific or general deterrence. Specific is to the actual defender general is to the public - Two: refers to idea of separating offender from public because of the risk they pose to society - Three: sentences that involve treatment programs or various programs that assist getting help with underlying issues that make them commit the crimes in the first place. Goal for them to actual live in society in a crime free manner - Four: focuses on the seriousness of the crime and your previous record. Be punished no more or no less. Idea of proportionality - Five: involves the idea on repairing of the harm done - Six: healing represents integration of offenders and victims in community to come together and heal. Healing is multi-faceted, healing is different for other people Deciding upon a Sentence • Governed by three factors: 1. Direction in statutes 2. Rules and principles 3. Personal characteristics of judge • Section 718.2(e) of the Criminal Code • Offender characteristics also come into play - Judges cannot make any sentence they wish, it is focused on three factors - One: criminal code in particular to criminal offence - Two: offer rules and disposition to judge on what they can use - Three; within the regulations on what they actually want to give - Although there is sentencing guidelines there is some leeway that judges can use their own personal assumptions or beliefs - They also take into consideration aggravating and mitigating circumstances - Aggravating offences may get more sever sentence The Principles of Sentencing Guilty Cases in Adult Court, by Province and Territory, 2010-2011 - Punishments vary on jurisdiction - for example Quebec has a different justice model Types Of Sentencing • Not Criminally Responsible • Absolute and Conditional Discharges • Suspended Sentence • Fines • Intermittent Sentence • Conditional Sentence: Mandatory and Optional Conditions • Probation • Electronic Monitoring • Restitution • Alternative Measures Program: Fine Option Program, Institutional Fine Option • Imprisonment • Dangerous and Long-Term Offender Designation • What is the difference between a consecutive sentence and a concurrent sentence? - Not criminally responsible means that even though accused person is found guilty they need to enact the mens rea - For example mental illness or disease (mens rea) - Might serve a portion of your incarceration in criminal hospital - Courts have pose absolute discharge: found guilty but not convicted and cannot be charged or retried for this offence or however if they commit another crime this may be used against them in court - If after one year no new charges the offence will be removed from record - For conditional discharge offender is found guilty however he or she does have to follow a certain set of rules for a certain set of time wherever absolute you do not - Consecutive sentence: when you get sentenced for more than one crime you serve one after the o
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