Term
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Definition
| The System for Acquiring Knowledge. Uses observation to explain phenomena. Describes any systematic field of study or the knowledge gained from it. |
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Term
| What are the four forms of scientific knowledge? |
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Definition
| Hypothesis, Facts, Laws, Theories. |
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Term
scientific knowledge
What is a hypothesis? |
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Definition
| An explanation for a phenomenon which can be tested in a way that ideally proves or disproves itself |
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Term
scientific knowledge
What is are Facts? |
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Definition
| A concept that's truth can be proved. |
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Term
scientific knowledge
What are laws? |
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Definition
| Descriptions of the fundamental nature of something. Universal properties and relationships between things, or to descriptions that purport to explain the principles and relationships. |
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Term
scientific knowledge
What are theories? |
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Definition
| Concepts, including abstractions of observable pheonmena expressed as quantifiable properties, with scientific laws it expresses relationships between observations and facts. |
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Term
| Two major classifications of fields of science |
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Definition
a. Natural sciences.
b. Social Sciences |
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Term
| What are Natural Sciences |
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Definition
i. The study of the natural world.
1. Biology
2. Chemistry
3. Physics.
4. Earth science |
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Term
| What are Social Sciences? |
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Definition
i. The study of human behavior and society
1. Anthropology
2. Economics
3. Education
4. Geography
5. Demography
6. Psychology
7. Sociology
8. Sociobiology |
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Term
| What are the steps of the scientific method? |
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Definition
1. Observation and research
2. Hypothesis
3. Prediction
4. Experiment
5. Conclusion |
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Term
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Definition
| i. Developed a theory of deductive reasining known as categorical or term logic. |
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Term
| How does inductive reasoning differ from deductive reasoning? |
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Definition
| . in cases of inductive reasoning it is possible for the conclusion to be false even though the premises are true and the argument’s form is cogent. |
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Term
| What is Deductive reasoning? |
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Definition
| The assumption that the basic law from which you are arguing is applicable in all cases. |
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Term
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Definition
| 1. Credited with developing the scientific method |
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Term
| What is the Scientific Method? |
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Definition
a. The use of experimental observations
i. Consists of collection of data through observation and experimentation and the formulation and testing of hypotheses.
1. To be scientific a method of inquiry ust be based on gathering observable, empirical and measurable evidence evidence subject to specific principals of reasoning. |
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Term
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Definition
b. Empiricism is based on the theory that all concepts emanate from experience and that all statements claiming to express knowledge must based on experience rather than theory.
i. Valid statements must be based on what can be proven to exist, not on what appears to exist. |
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Term
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Definition
| a. Popper advocated empirical falsifiability as the crierion for distinguishing scientific work from non-science. |
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Term
| What is Critical Rationalism? |
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Definition
| i. Scientific theory should make predictions (preferably not made by a competing theory) which can be tested and the theory rejected if these predictions are shown not to be correct. |
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Term
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Definition
| He believed science was built upon past ascientific achievements. He suggested that research should be placed with certain paradigms. Paradigms gain identification because they are successful in solving problems. |
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Term
| How can you insure accurate forensic analysis is used instead of junk science. |
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Definition
i. Confrontation is one means of assuring accurate forensic analysis
ii. Forensic evidence is not uniquely immune from the risk ofmanipulation
a. Melendez v. Massachusetts, 129sct2527 |
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Term
| Does the defendant have the right to challenge testimony of state crime lab technicians through cross-examination? |
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Definition
Yes, the right to confront the witnesses against him includes the right to challenge the testimony of state crime lab technicians through cross exmanitation of those witnesses.
a. Melendez v. Massachusetts, 129sct2527 |
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Term
| Who will the court defer to to determine the acceptance of a principle in a particular field? |
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Definition
a. Court defers to the scientific community and a scientific principle’s general acceptance in the particular field in which it belongs.
ii. Fry v. United States 293 f 1013 |
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Term
| What is the common law in regard to admission of scientific or specialized testimony? |
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Definition
General acceptance within a scientific paradigm
When a question of specialized knowledge does not lie within the common expeirience or knowledge but requires special experience, then the opnions of witnesses skilled in that particular science art or trade to which the question relates are admissible in evidence. |
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Term
| How did the Frye Court resolve the question of when a scientific principle or discovery crosses the line between experimental and demonstrable stages. |
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Definition
| . The court determined that the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs. |
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Term
| FRE 602 - Lack of Personal Knowledge |
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Definition
| i. A witness may not testify to a matter unless he or she has a personal knowledge of the matter |
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Term
| FRE 701 - opnion testimony by a lay witness |
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Definition
| i. If the witness is not an expert, his testimony is limited to rationally based perceptions of the witness. |
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Term
| FRE 702 - Testimony by Experts |
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Definition
i. Court is the gatekeeper determining the admissibility of scientific evidence.
ii. If scientific technical or otherwise specialized knowledge will assist the trier of fact to understand the evidence. |
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Term
| What facts should the courts consider in determine if proffered scientific evidence should assist a trier of fact? |
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Definition
a. Can the theory upon which the testimony is based be tested?
b. Has the theory upon which the testimony is based been subjected to peer review?
c. Has the theory upon which the testimony is based been assigned a potential rate of error?
d. Has the theory upon which the testimony is based attained general acceptance within the scientific community?
iii. Daubert v. Merrell Down Phramaceuticals, inc. 509 us 579 |
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Term
| What did Georgia reject the frye standard of admissibility for? |
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Definition
1. Georgia test in criminal cases is whether or not the theory of scientific procedure rests upon the laws of nature.
a. Harper v. State 249 GA 519 |
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Term
| In georgia when will opnions of experts be admissible? |
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Definition
on any question of science, skill, trade, or like questions shall always be admissible; and such opinions may be given on the facts as proved by other witnesses.
b. OCGA 27-7-707 |
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Term
| Where does the discretion for admission of expert testimony lie? |
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Definition
| i. The decision to admit or deny the testimony of an expert witness lies with the sound discretion of the trial court. |
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Term
| What is the Standard of review for trial court's decision to exclude expert witness tesitmony? |
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Definition
a. Appelate review of trial court’s grant of motion in limine to exclude testimony of expert witnesses in legal malpractice trial is under an abuse of discretion standard.
i. Blackwell v. Potts 266 Ga App 702 |
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Term
| When will an expert witness be qualified to testify in a Georgia Civil Action? |
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Definition
i. A qualified expert witness may testify if
1. Testimony is based on sufficient facts or data which are or will be admitted into evidence at the hearing or trial.
2. Product of reliable principles and methods; and
3. Witness has applied the principles and methods reliably to the facts of the case. |
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Term
| In a civil action where does discretion to admit expert testimony lie? |
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Definition
b. Discretion in civil cases lies with the trial court
i. Hankla v. Jackson, 305 Ga. App 391 |
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Term
| Under Daubert when is expert testimony admissible? |
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Definition
| 1. Under daubert expert testimony is admissible if both relevant and reliable |
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Term
| In Georgia When is expert testimony in civil cases admissible? |
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Definition
a. Testimony is based on sufficient facts or data which are/or will be admitted into evidence at the hearing or trial.
b. Testimony is product of reliable principles and methods.
c. Witness has applied the principles and methods reliably to the facts of the case |
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Term
| When may an expert be called to testify, under FRE 702? |
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Definition
1. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill experience, training or education may testify thereto in the form of an opinion or otherwise.
a. If the testimony is based upon sufficient facts or data, and
b. The testimony is the product of reliable principles and methods, and
c. The witness has applied the principles and methods reliably to the facts of the case |
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Term
| WWho will determine preliminary questions concerning the qualification of a person to be a witness? |
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Definition
1. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination it is not bound by the rules of evidence except those with respect to privileges.
ii. FRE 104 (a) |
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Term
| What is relevant evidence? |
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Definition
1. Relevant evidence is anything which has any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
iii. FRE 401 |
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Term
| When may relevant evidence be excluded? |
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Definition
1. Even relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time or needless presentation of cumulative evidence.
iv. FRE 403 |
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Term
| When a witness is qualified to testify may a party bring evidence of weight and credibility? |
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Definition
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Term
| How did the court rule when Defendant introduced unrebutted expert testimony that a system of observation was not a generally accepted technique among the scientific community? |
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Definition
5. Appelate court reversed convictions on the basis that scientific opinion testimony was not based upon science which had gained general acceptance.
i. United States v. Kilgus, 571 f2d 508 |
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Term
| What scrutiny does the court use to determine admissibility of expert testimony? |
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Definition
a. Scrutiny is a balancing test, centering on two factors.
i. The first factor is two pronged.
1. FRE 401 – Is the scientific principle upon which the expert testimony rests reliable and therefore able to assist the trier of fact?
2. FRE 403 – Is the testimony likely to mislead or overwhelm the trier of fact?
ii. The second factor deals with a showing that the scientific research upon which the testimony is to be based is reliable.
ii. US v. Downing, 753 F 2d 1224 |
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Term
| What review is used for admission of expert testimony? |
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Definition
Abuse of Discretion?
a. See, Old Chief v. United States, 518 US 172 |
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Term
| What are the traditional and appropriate means of attacking shaky but admissible evidence? |
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Definition
| b. Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof |
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Term
| Will expert opinon based on a methodology that diverges from accepted procedures be reliable for trial? |
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Definition
iv. Upheld by circuit court, expert opinion based on a methodology that diverges “significantly from the procedures accepted by recognized authorities in the field… cannot be shwn to be generally accepted as a reliable technique.
c. Daubert v. Merrel Down Phramaceuticals, Inc. 509 US 579 |
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Term
| Who is the gatekeeper of scientific testimony or evidence? |
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Definition
1. Trial judge must ensure that any and all scientific testimony or evidence admitted is relevant and reliable.
2. Abuse of discretion is the proper standard of review of a district court’s evidenciary rulings.
vi. General Electric Co v Joiner, 522 U.S. 136 |
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Term
| Does Daubert's gate keeping obligation apply only to scientific testimony? |
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Definition
1. Daubert’s gatekeeping obligation applies not only to scientific testimony, but to all expert testimony
vii. Kumho Tire Co. v. Carmichael |
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Term
| When may an expert testify in the form of opinion or otherwise? |
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Definition
1. If specialized knowledge will assist the trier of fact a witness qualified as an expert may testify in the form of an opinion or otherwise if
a. It is the product of reliable principles and methods; and
b. The principles and methods have been reliably to the facts of the case
c. Admissibility or exclusion of expert testimony rests in the broad discretion of the trial court.
i. OCGA 24-9-67.1 |
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Term
| When is expert opinion on the ultimate issue admissible? |
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Definition
a. Expert opinion on the ultimate issue is admissible where the conclusion of the expert is one which jurors would not ordinarily be able to draw for themselves.
2. Giannotti v. Beleza Hair Salon, Inc. 296 Ga App 636 |
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Term
| When will an appellate court reverse a case for a decision on whether to admit scientific testimony? |
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Definition
i. Judge must ensure scientific testimony or evidence is relevant and reliable.
ii. Appleate courts will not reverse a case for such a decision unless the ruling is manifestly erroneous. Abuse of discretion is the proper standard of review of a districts court’s evidentiary rulings.
a. General Electric Co v. Joiner, 522 US 136 |
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Term
| What type of expert testimony does Daubert's gatekeeping obligation apply to? |
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Definition
i. Daubert’s gatekeeping obligation applies to all expert testimony not just scientific
b. Kumho Tire Co. v. Carmichael, 526 US 137 |
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Term
| When can Defendant inspect or photograph the results or report of any physical or mental examination of any scientific test or experiment? |
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Definition
1. Upon D’s request, government must permit D to inspect and to copy or photograph the results or report of any physical or mental examination and of any scientific test or experiment if
a. Item is within the government’s possession custody or control
b. Atty for the government knows or through due dillegence could know that the item exists and
c. Item is material to preparing the defense or the government intends to use the item in its case-in-chief at trial.
i. Federal Rule of Civil Procedure 16(f) |
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Term
| When must the Government give Defendant a written summary of testimony that the government intends to use? |
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Definition
| 1. At D’s request , governments must give D a written summary any testimony that government intends to use under Rule 702, 703, or 705 of the FRE during its case-in chief at trial. If Gov requests discovery and D complies, Gov must at D’s request give D a written summary of testimony that Gov intends to use evidence at trial on issue of D’s mental condition. Summary provided under this sub paragraph must describe witness’s opinions, the bases and reasons for those opinions and witness’s qualification. |
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Term
| When must a party disclose the identity of any experts the intend to use at trial? |
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Definition
1. A party must disclose to the other parties the identity of any expert witness they may use at trial under FRE 702, 703, or 705.
2. This disclosure must be accompanied by a written report – prepared and signed by the witness. If the witness is one retained or specially employed to provide expert testimony The report must contain:
iii. FRCP 26 |
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Term
| When a party discloses the identity of experts intended to use at trial what must the accompanying report contain? |
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Definition
a. A complete statement of all opnions the witness will express;
b. And the basis and reasons for them the facts or data considered but the witness in forming the many exhibits that will be sued to summarize or support them; and
c. The witness’s qualifications, including a list of all publications autheored in the past 10 years a list of all other cases in which during the previous 4 years the witness testified as an expert at trial or by deposition
d. And a statement of the compensation to be paid for the study and the testimony in the case.
iii. FRCP 26 |
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Term
| If a report is not required with the disclosure of expert witness information the disclosure must state... |
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Definition
a. Subject matter on which the witness is expert to present evidence under FRE 702, 703, or 705 and
b. A summary of facts and opinions that the witness will testify to. |
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Term
| When is a jury required to reach a conclusion without the aid of expert testimony? |
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Definition
1. Juries must reach a conclusion without the aid of expert testimony if the conclusion is not shrouded in mystery of professional knowledge.
2. Expert may not testify to existence of fact unless inferences to be drawn are beyond the ken of jurors.
i. Putnam v. State, 231 Ga. App 190 |
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Term
| How must foundation be properly laid? |
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Definition
a. Prosecutor must lay proper foundation of proof of accuracy of scientific and mechanical instruments used in test.
b. Proof of scientific or mechanical instrument’s accuracy and proper use is requisite for admission of results derived from such device.
1. People v. Tobey, 231 N. W. 2d 403 |
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Term
| For scientific evidence to be admitted the proponent must show proper foundation for admission, how? |
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Definition
i. The proponent must show
1. General scientific principles and techniques involved are valid and capable of producing reliable results and
2. The person performing the test substantially performed the scientific procedures in an acceptable manner. |
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Term
| How to challenge the admission of scientific evidence and testimony . . . |
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Definition
Is a particular test or maintenance procedure required?
Did the witness comply with that procedure?
What effect does non-compliance have on the testimony's admissibility? |
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Term
| What must be shown before the state may make a presumption of a defendant's intoxication from a chemical analysis of his blood? |
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Definition
i. The state has used techniques which will insure the integrity and reliability of the chemical tests. Including specifically the standard of quality of chemicals used; and
ii. The state has strictly complied with the officially promulgated methods, procedures and techniques in the chemical analysis offered as evidence in trial. |
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Term
What are the Department of Public safety requirements for all PEI machines?
(This is some kind of alcohol detector used for drunk driving) |
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Definition
| b. Department of public safety requires that all PEI machines be checked every four months. Recertification may be filed with appropriate court. |
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Term
| How should proper foundation be laid for admission of breath test results? |
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Definition
1. In order to lay proper predicate for admission of breath test results under statute governing admission of chemical test results, state must show that test was administered in strict compliance with administrative code section establishing methods approved by Department of Forensic Sciences.
ii. McDaniel v. State 706 SO2d 1305 |
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Term
| To establish a predicate for administering results of a Photoelectric intoximeter test without relying on the statute there should be evidence that: |
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Definition
a. Theory underlying the Photoelectric intoximeter test is valid and generally accepted as such
b. The intoximeter is a reliable instrument and generally accepted as such
c. The intoximeter test was administered by a qualified individual who could properly conduct the test and interpret the results and
d. The instrument used in conducting the test was good working condition and the test was conducted in such a manner as to secure accurate results. |
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Term
| The three types of experts needed to lay proper foundation |
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Definition
Teaching Witnesses
Application Witnesses
Interpreting Witnesses |
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Term
| If a person is qualified to testify to the results of a test, can he testify to the reliability of the test in general? |
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Definition
i. The fact a person is qualified to testify as to the results of a test does not necessarily qualify that person to testify about the reliability of the test in general.
a. State v. Fuller 802 P2d 559 |
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Term
| Is the admission of statistical data constitute a denial of due process? |
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Definition
2. Testimony expressing opinions or conclusions in terms of statistical probabilities can make the uncertain seem all but proven, and suggest by quantification, satisfaction of the requirement that guilt be established beyond a reasonable doubt.
i. United States ex rel DiGiacomo v. Franzen, 608 F2d 515 |
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Term
| Why has the court recongizd the need for caution in the admission of probability testimony? |
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Definition
b. The court recognized the need for caution in the admission of probability testimony. May be deceptively attractive to the juror.
1. Davis v. State, 476 NE2d 127 |
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Term
| How does the minority view the danger of statistical probability? |
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Definition
c. Real danger of using statistical probability as evidence of the defendant’s guilt and erode the values served by reasonable doubt standard and dehumanizes our system of justice.
1. State v. Kim 398 NW2d 554 |
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Term
| How is statistical data viewed in Georgia? |
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Definition
a. Experts are permitted to give their opinions based upon their knowledge including mathematical computations, and sanctions probabilities concerning evidence including evidence which circumstantially permits the inference of guilt.
1. Rachals v. State, 184 Ga App 420 |
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Term
| What are the four Types of Evidence? |
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Definition
Real
Demonstrative
Documentary
Testimonial |
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Term
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Definition
a. Means by which any fact which is put in issue is established or disproved.
1. Hotchkiss v. Newton 10 Ga 560 |
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Term
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Definition
1. Items in a court case that can be seen touched felt or smelled
a. Certain types of eyewitness testimony can be defined as direct evidence. |
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Term
| What is Circumstantial Evidence? |
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Definition
1. Types of evidence that can imply existence of a fact
a. Certain types of eyewitness testimony can be defined as circumstantial evidence.
i. Character testimony which can give rise to an inference or implication of conduct. |
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Term
| The four categories of the rules governing substantive content of evidence? |
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Definition
a. Relevancy
b. Competency
c. Rules governing witness
d. Rules governing substitutes for evidence |
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Term
| How do you satisfy the requirement for authenticating or identifying an item of evidence? |
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Definition
a. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
FRE 901 |
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Term
| How is a chain of custody established for admission of evidence? |
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Definition
a. To establish proper chain of custody for admission of evidence, state must show reasonable probability that object is in the same condition as, and not substantially different from its condition at commencement of chain.
b. To show proper chain of custody for admission, record must show with regard to each link
i. Receipt of items
ii. Ultimate disposition of items and
iii. safeguarding and handling of item between receipt and disposition
1. Holton v. State, 590 SO 2d 918 |
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Term
| When there is a weak link in the chain of custody is the weight and credit question or it's admissibility? |
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Definition
a. Where a weak link in the chain of custody is found the weight and credit afforded the evidence, rather than its admissibility, is questioned.
2. Suttle v. State 565 So. 2d 1197 |
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Term
| What condition to admission of real evidence must be met to provide the proper foundation? |
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Definition
a. Condition to admission of real evidence is met by providing the proper foundation. If the evidence is unique, readily identifiable and relatively resistant to change the foundation needs only to consist of testimony that the evidence is what the proponent claims.
3. United States v. Cardenas 864 F2d 1528 |
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Term
| What is the more stringent foundation required for evidence that is not readily identifiable and is susceptible to alteration? |
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Definition
b. When the evidence is not readily identifiable and is susceptible to alteration the court requires a more stringent foundation “entailing a chain of custody of the item with sufficient completeness to render it improbable that the original item has been exchanged with another or been contaminated or tampered with.”
3. United States v. Cardenas 864 F2d 1528 |
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Term
| In Georgia is the state required to foreclose every possibility of tampering? |
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Definition
a. The state is not required to foreclose every possibility of tampering, it need only show reasonable assurance of the identity of the evidence. Every single person who has had custody does not need to testify.
4. Thomas v. State 288 Ga App 602 |
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Term
| Does a missing link in the cahin of custody alone require exclusion of evidence? |
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Definition
b. Where there is no affirmative evidence of tampering or substitution, a missing link in the chain of custody does not alone require exclusion of evidence.
i. Reed v. United States, 377 F 2d 891 |
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Term
| What is required when of one person in the chain of custody to mail it to another? |
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Definition
1. Where the real evidence was mailed from one person in custody to another, when the packaging were wrapped and marked as described by the sender, the foundation was found to be sufficient.
i. Schacht v. State, 50 NW 2d 78 |
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Term
| Will proper foundation be found if the evidence technician who initially received the lock seal envelope and placed it into evidence vault does not testify? |
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Definition
1. Where the real evidence was mailed from one person in custody to another, when the packaging were wrapped and marked as described by the sender, the foundation was found to be sufficient.
ii. United States v. Jones 486 F2d 476 |
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Term
| How may government meet the admissibility threshold of an exhibit (real evidence) |
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Definition
1. FRE 901 requires that to meet the admissibility threshold the government needs only prove a rational basis for concluding that an exhibit is what it is claimed to be.
i. United States v. Hon, 904 F. 2d 803 |
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Term
| What is the States burden of proof to gain admission of evidence in Georgia? |
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Definition
1. State has burden of proof to gain admission of evidence is to show with reasonable certainty that the evidence is the same as that seized and that there has been no tampering or substitution.
ii. Jones v. State 207 Ga App 121 |
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Term
| What is the limit to the deference of the trial court's discretion to admit evidence in Georgia? |
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Definition
a. Absent clear abuse, the trial court’s exercise of discretion in admitting or refusing to admit evidence is entitled to deference
i. Caswell v. Caswell, 285 Ga. 277 |
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Term
| How many links in the chain of custody are twenty members of the same crime lab considered if they work at three different branch offices? |
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Definition
a. Absent affirmative evidence of tampering, a crime lab and all its branch offices and employees are considered a single link in the chain of custody.
3. Maldonado v. State, 268 Ga. App 691 |
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Term
| What do the four sensors of a polygraph machine record? |
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Definition
a. Breathing rate
b. Pulse rate
c. Blood pressure
d. Electrodermal rate is measured
i. Galvanic skin response |
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Term
| What is the control question technique? |
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Definition
| a. Control questions arouse concern in the subject, they are related to the issues in question but are more general, covering long periods of time. |
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Term
| What is directed lie control question technique? |
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Definition
| a. Subject is instructed to lie. Sets a base, and will help correctly classify truthful or deceptive responses on the subsequent polygraph test. |
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Term
| Why is Directed lie control question technique superior to probable lie control question technique? |
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Definition
| i. An improvement over traditional probable lie control question technique. Reduces the problem of false-positive errors inherent in the probable like control question technique |
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Term
| How should you challenge polygraph technique? |
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Definition
a. Examiner incompetence and lack of integrity
b. Examiner shopping
c. Certain personality types can defeat the test
d. Use of drugs as a countermeasure
e. Physical Countermeasures |
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Term
| How should you use Daubert to challenge the admission of polygraphs? |
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Definition
a. Whether the directed lie control question technique can be and has been tested.
b. …subjected to peer review and publication?
c. What is the known or potential of error?
d. Existence and maintenance of standard controlling the technique’s operation
e. General acceptance in the relevant scientific community |
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Term
| Are Polygraphs admissible in Georgia? |
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Definition
a. Polygraphs are inadmissible in Georgia unless both parties stipulate otherwise. Court held results inadmissible because they are unreliable.
1. Height v State, 278 Ga 592 |
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Term
| Why are Polygraphs not admissible in Georgia? |
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Definition
a. Polygraphs are not a reliable source of evidence, the law only allows them in evidence when both parties stipulate to the admission of such evidence
2. Lockett v. State, 258 Ga App 178 |
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Term
| What factors should the court consider in determining admissibility of post-hypnotic testimony? |
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Definition
a. Whether hypnosis was to refresh witness’s memory of accident or crime or whether it was conducted as part of therapy
b. Whether the witness received any suggestions prior to or during hypnosis
c. Presence or absence of a permanent record which could ascertain whether suggestive procedures were used
d. Whether the hypnotist was properly qualified
e. Whether corroborating evidence exists to support reliability of hypnotically-refreshed memories.
f. Degree of subject’s hypnotizability and
g. Any expert evidence offered by parties as to reliability of procedures used in case.
i. Borawick v. Shay, 68 F3d 597 |
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Term
| How can information retrieved through hypnosis be verified so that it is more likely to be admissible? |
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Definition
2. Hypnosis is subject to verification by corroborating evidence and other traditional means of assessing accuracy, inaccuracies can be reduced by use of tap or video recording
3. Hypnosis may be reliable in an individual case. Corroboration of a defendant’s hypnotically enhanced memories and the trial judge’s conclusion that the tape recordings indicated that the doctor did not suggest responses with leading questions are circumstances that the trial court should have considered in determining admissibility.
ii. Rock v. Arkansas, 483 US 44 |
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Term
|
Definition
a. Truth Serums
1. People v. Cox 271 NW 2d 216 |
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Term
| Why isn't testimony produced through truth serums allowed? |
|
Definition
The drug is commonly used as a form of anesthesia. There is no medical evidence or study on the reliability of this drug as a truth serum. Court was obligated to rule that the testimony was too uncertain to be allowed before a jury, where it would have had a potentially significant impact.
1. People v. Cox 271 NW 2d 216 |
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Term
| When must the results of truth serum tests be excluded? |
|
Definition
a. Absent evidence to establish with verifiable certainty that the truth serum tests were an accurate and reliable means of ascertaining whether a person was telling the truth, this type of evidence should be excluded.
2. Harper v. State, 249 Ga. 519 |
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Term
|
Definition
| i. Automated fingerprint identification system automatically matches one or many unknown fingerprints against a database of known and unknown prints |
|
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Term
| Must the subject of scientific testimony must be known to a certainty? |
|
Definition
iii. It would be unreasonable to conclude that the subject of scientific testimony must be known to a certainty arguably there are no certainties in science.
1. United states v. Prime 220 F Supp 2d 1203 |
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|
Term
| Can DNA be found in a human hair? |
|
Definition
| No. It is found in the follicle cells attached to the hair. |
|
|
Term
| How are dental records used as forensic evidence? |
|
Definition
| a. Post mortem dental remains can be compared to antemortem dental records to make an identification? The more extensive a dental record the easier it is to make an identification. |
|
|
Term
|
Definition
|
|
Term
| What are the three areas of Forensic Science relevant to DNA evidence? |
|
Definition
Identification
Individualization
and Reconstruction |
|
|
Term
| What three methods are used to generate DNA profiles |
|
Definition
Restriction Fragmentation Length Polymorphism
Amplification Method
Short Tandem Repeats test |
|
|
Term
| How was the first DNA based conviction resolved? |
|
Definition
a. First DNA based conviction, matched to semen found in rape victim.
1. Andrews v. State 533 SO 2d 841 |
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Term
| In what case did the first state appellate court rule in favor of admitting DNA evidence? |
|
Definition
| 2. State v. Woodall 385 SE2D 253 |
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|
Term
| Why did the Supreme Court of Minnesota acknowledge scientific acceptance of DNA testing? |
|
Definition
a. Supreme court of Minnesota acknowledged scientific acceptance of DNA testing, stated that it’s admissibility hinges on lab compliance with appropriate standards and controls
i. Dismissed evidence in this case because the lab protocol and validation process was insufficient.
3. State v. Schwartz, 477 NW2D 422 |
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Term
| How does the Georgia Supreme Court determine whether a procedure or technique in question has reached a scientific stage of verifiable certainty. |
|
Definition
| a. Georgia Supreme Court applied the Harper standard, for the judge to decide whether the procedure or technique in question had reached a scientific stage of verifiable certainty, “rests upon the laws of nature” |
|
|
Term
| What factors are the admission of DNA evidence dependent on? |
|
Definition
a. Admission of DNA evidence is dependent on many factors including the believability and the accuracy of the witnesses who were involved with the process of obtaining, identifying, preserving, recording and maintaining physical evidence, and upon the accuracy and validity of the testing procedures themselves that were used to form such opinions.
5. Stanley v. State 289 GA App 373 |
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|
Term
| When is statistical evidence of DNA test results admissible? |
|
Definition
statistical evidence based on “product rule” method of analyzing DNA test results was admissible
ix. Commonwealth v. Blasioli, 713 A.2d 1117 (Pa. 1998) |
|
|
Term
| What Methods and Protocols for DNA probability evidence are generally accepted in the scientific community? |
|
Definition
DNA probability evidence using RFLP protocol and modified ceiling method was generally accepted in the scientific community (in Frye state)
x. State v. Johnson, 922 P.2d 294 (1996) |
|
|
Term
| What evidence is a defendant entitled to? |
|
Definition
defendant entitled to any exculpatory evidence
xi. Brady v. Maryland, 373 U.S. 83 (1963) |
|
|
Term
| Why must a court allow defendant the opportunity to retest critical evidence? |
|
Definition
fundamental fairness is denied when a defendant is denied the opportunity to retest critical evidence
xii. U.S. v. Butler, 988 F.2d 537 (5th Cir.) |
|
|
Term
| What right does a defendant have to have their expert to be present at the testing of evidence? |
|
Definition
some states have even recognized right of expert to be present when testing occurs
xiii. Commonwealth v. Gliniewicz |
|
|
Term
| What is the appropriate opputunity if an expert report is furnished late? |
|
Definition
if a report is furnished late, the appropriate remedy is for the trial court to grant a continuance or recess upon timely request by the defendant; length of time rests with the trial judge’s discretion
xiv. Moody v. State, 210 Ga. App. 431 (1993) |
|
|
Term
| What are all living organizims composed of? |
|
Definition
| i. All living organism are composed of proteins, organelles |
|
|
Term
|
Definition
| membrane, cytoplasm fills the cell, nucleus controls protein synthesis in the cell |
|
|
Term
|
Definition
|
|
Term
| What is the genome made of? |
|
Definition
a. Each genome has approximately 3 billion base pairs
b. The order of these base pairs combinations are the person’s individual genetic identity
c. 23 pairs of chromosomes |
|
|
Term
| What types of DNA are there? |
|
Definition
1. Mitochondrial DNA – found in the cell cytoplasm
2. Nucleated DNA – found in the nucleus of each cell |
|
|
Term
| What is the composition of DNA? |
|
Definition
1. Cytosine
2. Guanine
3. Thymine
4. Adenine
5. Order determines a person’s characteristics
6. Bases can only pair together in a specific way: C-G, T-A |
|
|
Term
| What is the Hardy-Weinberg equilibrium? |
|
Definition
| mathematic equation describing the distribution and expression of the alleles in a population and expresses the conditions under which allele frequencies are expected to change |
|
|
Term
| How is DNA located in biological material? |
|
Definition
i. Visual inspection of the crime scene
ii. Examination with alternate light source or UV light
iii. Examination with oblique lighting
iv. Presumptive chemical testing |
|
|
Term
| How should dry biological material be packaged? |
|
Definition
| i. Dry items should be packed in porous containers such as paper bags, envelopes, and folded paper – air can pass through and prevent degradation |
|
|
Term
| Show should wet biological material be packaged? |
|
Definition
| ii. Wet items should be allowed to air dry prior to packaging and layered with several sheets of clean paper to contain the stain and then placed in the appropriate container |
|
|
Term
| How should very wet biological material be packaged? |
|
Definition
| iii. Very wet items can be transported in plastic containers, but should be air dried as soon as possible |
|
|
Term
| How can contamination of DNA occur? |
|
Definition
ii. During collection – handling evidence without gloves, failing to change gloves between collecting samples, packaging two or more items in the same collection container (transfer)
iii. During testing – when equipment in the laboratory is not properly cleaned before an item is examined
iv. Degradation - breaking down of the DNA |
|
|
Term
| What are the Five reports of DNA Analysis that are possible? |
|
Definition
Inconclusive
Exclusion
Nonmatch
Match
No results |
|
|
Term
| What are the Common forms of forensic sciences? |
|
Definition
1. Identification of substances
2. Identification of persons
3. Determinations of cause and manner of death
4. Determinations of behavior patterns in individuals
5. Behavioral Sciences |
|
|
Term
| What do Forensic psychology and psychiatry deal with? |
|
Definition
| a. Forensic psychology and forensic psychiatry deals with the legal aspects of human behavior. They deal with the application of psychological principles and knowledge to various legal activities involving child custody disputes, child abuse of an emotional, physical and sexual nature, assessing one's personal capacity to manage one's affairs, matters of competency to stand trial, criminal responsibility and personal injury and advising judges in matters relating to sentencing regarding various mitigates and the actuarial assessment of future risks |
|
|
Term
| What do Psychometrists do? |
|
Definition
| i. Psychometrists administer and score psychological and neuropsychological assessments |
|
|
Term
| What are neurpsychological tests? |
|
Definition
a. These tests consist of specifically designed tasks used to measure a psychological function known to be linked to a particular brain structure or pathway.
b. Typically used to assess impairment after an injury or illness known to affect neurocognitive functioning or, when used in research, to contrast neuropsychological abilities across experimental groups |
|
|
Term
| What are the two types of personality tests? |
|
Definition
a. Objective tests (ex. Minnesota Multiphasic Personality Inventory)
b. Projective Tests (ex. Rorschach Test) |
|
|
Term
| Under Daubert, when may specialized "expert" knowledge be testified to? |
|
Definition
| a. “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.” |
|
|
Term
| What presumption did Daubert reinforce? |
|
Definition
| b. Reinforces the idea that there should be a presumption of admissibility of evidence |
|
|
Term
| What is emphasized by Daubert? |
|
Definition
| b. Reinforces the idea that there should be a presumption of admissibility of evidence |
|
|
Term
| Under Daubert, when is scientific evidence that is not generally accepted by the relevant scientific community permitted? |
|
Definition
| d. Allows for the admissibility of scientific evidence, even if not generally accepted in the relevant scientific community, provided its reliability has independent support. |
|
|
Term
| How does Daubert express it's faith in the power of the adversary system? |
|
Definition
| e. Expressed its faith in the power of the adversary system to test “shaky but admissible” evidence and advanced a bias in favor of admitting evidence short of that solidly and indisputable proven to be reliable |
|
|
Term
| When is the Daubert test used in Georgia? |
|
Definition
|
|
Term
|
Definition
i. The foundation for evidence based on a scientific principle or technique requires two findings regarding the evidence’s reliability: such evidence is admissible upon a showing by the party offering the evidence that:
1. The general scientific principles and techniques involved are valid and capable of producing reliable results, and
2. The person performing the test substantially performed the scientific procedures in an acceptable manner |
|
|
Term
| When is the Harper Test used in Georgia? |
|
Definition
Criminal cases
Duncan v. State |
|
|
Term
| What is Behavioral Science? |
|
Definition
| branch of science which is concerned with the study of human and animal behavior |
|
|
Term
|
Definition
the successful performance of mental function
1. Good mental health reflects the ability of a person to engage in productive activities, fulfilling relationships with other people, and the ability to adapt to change and cope with adversity |
|
|
Term
| What is the most significant example of mental health evidence in the courtroom? |
|
Definition
1. Brown v. Board of Education, 347 U.S. 483 (1954)
a. Question presented: Does segregation in public schools solely on the basis of race, even though the physical facilities and other ‘tangible’ factors may be equal, deprive the children of the minority group of equal educational opportunities?
b. The Court used scientific evidence in deciding that separate but equal is not okay. |
|
|
Term
|
Definition
| 1. A syndrome can be defined as a cluster or pattern of symptoms that appear together in a way that is considered clinically meaningful |
|
|
Term
| What is Post traumatic Stress Disorder? |
|
Definition
| an anxiety disorder that can occur after a person has been through a traumatic event. A traumatic event is something horrible and scary that is seen or happens to a person. During this type of event, the person thinks that their life or others’ lives are in danger. The person may feel afraid or feel they have no control over what is happening. PTSD has not been proven to be a reliable indicator that sexual abuse is trauma underlying disorder or that sexual abuse has even occurred, psychiatric diagnosis of PTSD was not designed to determine sexual abuse |
|
|
Term
| Why does testimony of a diagnosis of PTSD for purposes of substantively proving child sexual abuse fail Daubert? |
|
Definition
2. PTSD has not proven to be a reliable indicator that sexual abuse is trauma underlying disorder or that sexual abuse has even occurred.
3. Psychiatric diagnosis of PTSD was not designed to determine sexual abuse and psychological evaluation of child suspected of being sexually abused is inexact science
4. The admission of expert testimony of a diagnosis of PTSD for the purpose of substantively proving sexual abuse fails to pass the Daubert threshold of scientific reliability
State v. Chauvin |
|
|
Term
| What is Child sexual abuse Accomodation Syndrome? |
|
Definition
consists of some or all give elements thought to be common to child sexual abuse victims:
i. Secrecy
ii. Helplessness
iii. Entrapment and accommodation
iv. Delayed reporting
v. Conflicted disclosure informaiton |
|
|
Term
| What is Battered Person Syndrome? |
|
Definition
| i. A reference to any person who, because of constant and severe domestic violence usually involving physical abuse by a partner, becomes depressed and unable tot ake any independent action that would allow him or her to escape the abuse |
|
|
Term
|
Definition
ii. The condition explains why abused people often do not seek assistance from others, fight their abused, or leave the abusive situation. Sufferers have low self-esteem and often believe the abuse is their fault.
iii. Such persons usually refuse to press criminal charges against their abuser, and refuse all offers of help, often becoming aggressive or abusive to others who attempt to offer assistance |
|
|
Term
| When is evidence of BPS admissible? |
|
Definition
v. Evidence of battered person syndrome is admissible to show that the defendant had the mental state necessary for the defense of justification although the actual threat of harm does not immediately precede the homicide
vi. Hence, evidence of battered person syndrome may be used for the purposes of establishing:
1. Reasonable fear of the person in connection with a claim of self-defense; and
2. General character for the violence of the spouse |
|
|
Term
| When is expert testimony admissible to explain behavior of domestic violence victim. |
|
Definition
1. Expert testimony is admissible to explain the behavior of a domestic violence victim who does not report abuse or leave the abuser.
2. Bettered person syndrome is a complex area of human behavior and response.
3. The admission of testimony from an expert in the area of domestic violence and battered woman syndrome may be permissible because it is an area beyond the ken of the ordinary layperson |
|
|
Term
| Is testimony to rape trauma admissible? |
|
Definition
a. Rape trauma syndrome is not the type of scientific test that accurately and reliably determines whether a rape has occurred. The characteristic symptoms may follow any psychologically traumatic event.
b. At best, the syndrome describes only symptoms that occur with some frequency, but makes no pretense of describing every single case
5. Minnesota v. Saldana |
|
|
Term
| When will testimony of a psychologist that says the defendant displayed no signs of deviance or abnormality be allowed? |
|
Definition
a. The defendant was charged with committing lewd and lascivious acts upon a child, offered testimony of a psychologist that defendant displayed no signs of “deviance” or “abnormality”; prosecutor argued that this psychological testimony was admissible only if it is first shown that “a psychological ‘profile’ of a child molester exists, and that its absence in a particular person [it] generally accepted by other experts to mean that the person has not molested children”; the trial court excluded the psychological testimony, which the California Supreme Court found to be error.
6. People v. Stoll |
|
|
Term
| What is the McNaughton Rule |
|
Definition
a. There is a presumption of sanity, unless the defense proves “at the time of committing the act, the accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or, if he did know it, that he did not know what he was doing was wrong”
b. This is still the standard for about half the States |
|
|
Term
| When is a person insane and not guilty of a crime in Georgia? |
|
Definition
| 1. In Georgia, a person is insane, and shall not be guilty of a crime, if at the time of the act, omission, or negligence constituting the crime, the person did not have mental capacity to distinguish right and wrong in relation to the criminal act or acted because of a delusional compulsion which overmastered his will to resist committing the crime |
|
|
Term
| In Georgia, when is a person insane at the time of the crime? |
|
Definition
| 1. “Insane at the time of the crime” means meeting the criteria of OCGA 16-3-2 or OCGA 16-3-3. However, the term shall not include a mental state manifested only by repeated unlawful or antisocial conduct. |
|
|
Term
| In Georgia when is someone mentally ill? |
|
Definition
2. “Mentally ill” means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. However, the term “mental illness” shall not include a mental state manifested only by repeated unlawful or antisocial conduct.
i. OCGA 17-7-131 |
|
|
Term
| When is someone mentally retarded? |
|
Definition
| 3. “Mentally retarded” means having significantly sub-average general intellectual functioning resulting in or associated with impairments in adaptive behavior which manifested during the developmental period. |
|
|
Term
| In all cases in which the defense of insanity is interposed, the jury, or the court if tried by it shall find whether the defendant is . . . |
|
Definition
a. Guilty;
b. Not guilty;
c. Not guilty by reason of insanity at the time of the crime;
d. Guilty by mentally ill at the time of the crime, but the finding of guilty but mentally ill shall be made only in felony cases; or
e. Guilty but mentally retarded, but the finding of mental retardation shall be made only in felony cases |
|
|
Term
| When will a plea of guilty but mentally ill at the time of the crime or a plea of guilty but mentally retarded be accepted? |
|
Definition
| 5. A plea of guilty but mentally ill at the time of the crime or a plea of guilty but mentally retarded shall not be accepted until the defendant has undergone examination by a licensed psychologist or psychiatrist and the court has examined the psychological or psychiatric reports, held a hearing on the issue of the defendant’s mental condition, and is satisfied that there is a factual basis that the defendant was mentally ill at the time of the offense or mentally retarded to which the plea is entered |
|
|
Term
| When will a plea of not guilty by reason of insanity at the time of the crime be accepted? |
|
Definition
| a. A plea of not guilty by reason of insanity at the time of the crime shall not be accepted and the defendant adjudicated not guilty by reason of insanity by the court without a jury until the defendant has undergone examination by a licensed psychologist or psychiatrist, and the court has examined the psychological or psychiatric reports, has held a hearing on the issue of defendant’s mental condition, and the court is satisfied that the defendant was insane at the time of the crime according to the criteria of OCGA 16-3-2 or OCGA 16-3-3 |
|
|
Term
| When will being drunk get you out of a crime? |
|
Definition
| 1. A person shall not be found guilty of a crime when, at the time of the act, omission, or negligence constituting the crime, the person, because of involuntary intoxication, did not have sufficient mental capacity to distinguish between right and wrong in relation to such act |
|
|
Term
| What is involuntary intoxication? |
|
Definition
2. Involuntary intoxication means intoxication caused by:
a. Consumption of a substance through excusable ignorance, or
b. The coercion, fraud, artifice, or contrivance of another person |
|
|
Term
| What is the state of being mentally ill? |
|
Definition
| the state of having a disorder of thought or mood which significantly impair judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life |
|
|
Term
| What is the state of being mentally retarded? |
|
Definition
| the state of having significantly sub-average general intellectual functioning resulting in or associated with impairments in adaptive behavior which manifested during the developmental period |
|
|
Term
| What is the Insanity defense? |
|
Definition
| ii. “Insane” means that a person “shall not be found guilty of a crime if, at the time of the act, omission, or negligence constituting the crime, the person did not have mental capacity to distinguish between right and wrong in relation to such act, omission, or negligence” |
|
|
Term
| Where does the burden of absence of sanity lie? |
|
Definition
2. The burden of proving the absence of sanity is on the defendant
3. A defendant may not be put to trial unless he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and a rational as well as factual understanding of the proceedings against him |
|
|
Term
| What is a Competency Trial? |
|
Definition
| a competency trial is in the nature of a civil proceeding, and the defendant has the burden to prove incompetency by a preponderance of the evidence |
|
|
Term
| In Georgia can counsel make the decision whether a competency evaluation is required? |
|
Definition
b. Appellant’s counsel testified that if he believed a competency evaluation was required, he would have ensured one was conducted. As noted above, nothing in the record suggests that appellant was not competent to stand trial.
1. Lewis v. State, 279 Ga. 69 (2005) |
|
|
Term
| Was from cross examination by the state of D about whether he had faked mental illness and memory loss allowed? Why? |
|
Definition
a. The trial court did not improperly allow testimony from the civil competency proceedings when it permitted the state to cross-examine McMichen about whether he had faked mental illness and memory loss for many months following the murders, and about his expert psychologist’s conclusion that McMichen was malingering. McMichen opened the door by testifying on direct about the psychologist’s treatment of him, and the prosecutor made no reference to the competency proceedings.
b. There is no diagnostic criteria for malingering and there is no gold standard test per se for saying that someone is malingering. Malingering is basically an opinion that someone is not telling the truth. |
|
|
Term
| When D likely suffered from a mental disease and wanted to die, was evidence that supported D was capable of understanding nature and object of proceedings and was capable of assisting with defense, and thus, was competent to stand trial allowed? |
|
Definition
b. Standard to be applied in making the determination as to whether a defendant is capable of understanding the nature and object of the proceedings and is capable of assisting his or her attorney with his or her defense.
a. Evidence supported findings that defendant was capable of understanding nature and object of proceedings and was capable of assisting with defense, and thus, was competent to stand trial for murders, even though defendant likely suffered from mental disease and wanted to die, where defendant possessed intellectual and communication skills necessary to participate in trial, defendant participated intelligently, and defendant’s intellectual grasp of proceedings led to decision to allow counsel to present a vigorous mitigation case to increase likelihood of having possible death sentences affirmed. |
|
|
Term
| May a mentally incompetent person be subject to trial? |
|
Definition
a. It is impermissible as a matter of constitutional law for a mentally incompetent person to be subjected to trial, regardless of whether that person is tried while represented by counsel or while acting pro se.
b. The standard of mental competency to stand trial is the same as the standard of mental competency to waive the right to counsel. |
|
|
Term
| Who may raise an issue of incompetency? |
|
Definition
| d. OCGA 17-7-130(a) provides for a special jury trial on the question of competence “whenever a plea is filed that a defendant in a criminal case is mentally incompetent to stand trial.” However, even when no such plea is entered, a trial court still bears the constitutional duty to inquired into a defendant’s competency where it “appears to be in question at the time of trial” |
|
|
Term
| Is a defendant entitled to have his attorney testify to competency? |
|
Definition
a. A defendant is not entitled to have his or her attorney testify as to the defendant’s ability to assist in his or her defense for purposes of determining whether he or she is competent.
5. Levin v. State, 222 Ga. App. 123 (1996) |
|
|
Term
| When is Evidence Relevant? |
|
Definition
1. It has any tendency to make a fact more or less probable that it would be without the evidence, and
2. The fact is of consequence in determining the action
FRE 401 |
|
|
Term
| When may the court exclude relevant evidence? |
|
Definition
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one of more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
FRE 403 |
|
|
Term
| What are the two types of witnesses? |
|
Definition
| iii. Witnesses are either lay witnesses (testifying as to their own perceptions and recollections of the evidence) or expert witnesses (testifying in the form of opinions based upon their own observations or the observations of others) |
|
|
Term
| What is the initial response and priority of efforts of law enforcement when arriving at a crime scene? |
|
Definition
1. Safety procedures
2. Emergency care procedures
3. Secure and control people at the crime scene
4. Boundaries of the crime scene
a. Identify, establish, preserve, secure, and protect
5. Investigator in charge of crime scene
a. Documentation and observation of the crime scene |
|
|
Term
| What are the priorities when processing the crime scene? |
|
Definition
1. Preventing contamination?
2. Documenting the crime Scene?
3. Collection of evidence?
4. Preservation and transportation of evidence? |
|
|
Term
| What does a crime scene reconstructionist seek to determine? |
|
Definition
i. Crime scene reconstruction is the process of taking all available information, with a focus on physical evidence, to determine the facts and circumstances surrounding a crime, a suicide, or an accident. The crime scene reconstructionist seeks to determine:
1. What happened?
2. How did it happen?
3. Where did it happen?
4. When did it happen
5. Who performed specific acts?
d. Foster v. State, 273 Ga. 34 (2000) |
|
|
Term
| What are the types of bloodstains? |
|
Definition
a. Drops
b. Drip patterns
c. Pools
d. Clots |
|
|
Term
| What are transfer bloodstains? |
|
Definition
| created when a wet, bloody surface comes in contact with a secondary surface |
|
|
Term
| What are Cast-Off stains? |
|
Definition
blood released or thrown from a blood-bearing object in motion
1. Sometimes confused with arterial spurts
2. Cast-off spatter tends to be oval or elliptical in shape |
|
|
Term
| What are projected Blood stains |
|
Definition
| created when an exposed blood source is subjected to an action or force, greater than the force of gravity |
|
|
Term
| How is rifling used to identify a weapon used in a crime? |
|
Definition
| 2. This rifling is slightly different for each weapon, imparting different patterns of deformation on the bullet. These patterns can be used by the forensic scientist to aid identification of a particular weapon used in a crime. |
|
|
Term
| What is gunpowder residue? |
|
Definition
1. Results from the discharge of a firearm
2. Includes primer, powder, and projectile material and products of their combustion |
|
|
Term
| How long will Gunshot residue remain on hands? |
|
Definition
| b. Gunshot residue (GSR) deposits on the hands decline rapidly during the first hour after firing the weapon. In practice, GSR cannot be expected after six hours from a living subject. However, in suicides, GSR can last many hours after the time of the shooting. In either case, the correct sample collection techniques are critical. |
|
|
Term
| What are the categories of Knife wounds? |
|
Definition
1. Slash wounds
2. Incision wounds
3. Puncture wounds |
|
|
Term
| What is forensic pathology? |
|
Definition
i. Subspecialty of medicine studies cause of human death
ii. Pathologist has special training. |
|
|
Term
| How does a mexical examiner get his job, what are the requirements? |
|
Definition
1. Almost always appointed
2. Requirements:
a. Doctor of medicine,
b. ii. eligibility for certification by the board of Pathology
c. iii. At least 1 year medico-legal training or experience |
|
|
Term
| What is required by the Georgia Death investigation act? |
|
Definition
1. Requires coroner or medical examiner be notified
2. They must make an inquiry in all deaths that occur as a result of
a. Violence, suicide, or sudden deaths when in good health
b. ii. Or when died unattended by a physician
c. iii. In any suspicious, or unusual manner
d. iv. After birth but before 7 years if death is unexpected
e. v. As a result of an execution
f. vi. When an inmate of a state hospital or institution
g. vii. After being admitted to a hospital while unconscious. |
|
|
Term
| What are the requirements to be a Coroner? |
|
Definition
iii. Coroners are elected, commissioned, and removed as are clerks
iv. four year term
v. Required to be a citizen/in the county she seeks office/registered to vote, is 25 at least, high school diploma or equivalent, no prior felonies, completes basic training course by GA police academy
vi. must file an affidavit with the office asserting qualifications.
1. Once a year in GA the coroner must take another training class
2. In GA, County can ditch coroner and establish medical examiner |
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Term
| Who determines the cause of death? |
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Definition
| ii. The medical examiner determines cause and manner of death |
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Term
| What is the test for determing causation in homicide? |
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Definition
: where one inflicts an unlawful injury, such injury is to be accounted as the efficient, proximate cause of death, whenever it shall be made appear either that:
i. The injury itself was the sole proximate cause; or
ii. the injury directly and materially contributed to the happening of a subsequent accruing immediate cause of death; or
d. injury materially accelerated the death by a pre-existing cause |
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Term
| What can be prima facie evidence of death itself? |
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Definition
| 23. Death cert. by medical examiner prima facie evidence of death itself, and cause of death (Bryant) |
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Term
| What is forensic Evidence? |
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Definition
| information or objects that may be admitted into court for judges and juries to consider when hearing a case. |
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Term
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Definition
| human remains are treated as a separate and unique type of forensic evidence |
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Term
| What is trace forensic evidence? |
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Definition
| fiber, hair, soil, wood, GSR, pollen, etc |
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Term
| What is Locard's exchange principle? |
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Definition
| This states that "every contact leaves a trace" |
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Term
| What are controlled substances? |
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Definition
1. Chemicals that have recognized potential for abuse (oxycodon)
2. Largely governed by Controlled Substance Act.
3. Drug Abuse Prevention and Control Act creates 4 categories |
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Term
| What are Schedule I controlled Substances? |
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Definition
| high potential for abuse, no medical use. |
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Term
| What are schedule 2 controlled substances? |
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Definition
| high potential for abuse, severely restricted medical use, abuse leads to severe psychological or physical dependence |
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Term
| What are schedule 3 controlled substances? |
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Definition
| potential for abuse less than I and II; or has currently accepted medical use, abuse may lead to low physical or psychological dependency |
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Term
| What are schedule 4 controlled substances? |
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Definition
| c. iv. Schedule IV - Low potential for abuse relative to 1-3. |
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Term
|
Definition
| study of toxic substances, multi-disciplinary. |
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Term
| What is toxicology used for? |
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Definition
| scientifically test on tissue samples and bodily fluids in order to determine whether any foreign drugs or chemicals are present in the body. |
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Term
| What is chemical toxicology? |
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Definition
| a scientific discipline involving study of structure and mechanism related to the toxic effects of chemical agents |
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Term
| What is forensic serology? |
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Definition
| determination of the type of blood, blood testing, bloodstain examination, and preparation of testimony. (Analyze body fluids) |
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Term
| What is the test for identification of semen? |
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Definition
Enzyme Acid Phosphatase (AP) test
1. A common presumptive test used to identify the possible presence of semen evidence is the AP test. |
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Term
| How is saliva identified? |
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Definition
2. If found, can be tested for an enzyme abundant in saliva.
3. If positive, concentration of amylase can be determined with tests
4. Saliva can harbor mucosal cells, and thus, DNA analysis can be done to rule out connection between individual and evidence. |
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Term
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Definition
1. As with saliva, urine stains are difficult to find.
2. Test for uric acid or other substances commonly in urine
3. DNA profile can be obtained from urine. Get it fresh or frozen as it degrades over time.
4. Most common use of urine is to test for ingested drugs |
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Term
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Definition
1. Most fluid portion of blood is plasma and serum (white cells and platelets.)
2. Most non-fluid portion contains red cells.
3. Forensic scientists interested and red cells and serum.
4. With serum, analyst can determine the freshness of blood. |
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Term
| Rule for what speed to drive a vehicle at. |
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Definition
| i. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing |
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Term
| Who has the question of whether a defendant was driving at a reasonable and prudent speed? |
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Definition
| ii. Questions of whether defendant was driving at reasonable and prudent speed is a question for the jury - Hill v. Rosser, 102 Ga. App.766 (1960) |
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Term
| What types of evidence can be used to establish speeding? |
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Definition
| iii. Manner and speed which vehicle is being operated may be established with circumstantial evidence (Skid marks case) Abelson v. State, |
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Term
| Is a warning necessary for speed limit changes? |
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Definition
| the rules for auto signage; basically must warn approaching motorists of changes in the speed limit |
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Term
| How far away must a speed detection device be from a speed limit sign? |
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Definition
| vi. In speeding prosecution, state must show that speed detection device was visible to approaching motorist for distance of at least 500 feet before evidence of speed gained by use of speed detection device is admissible. Carver v. State, 208 Ga.App. 405 |
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Term
| How fast must a person be going to be prosecuted for breaking the speed limit? |
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Definition
vii. D. One must be going at least 10 miles over the speed limit in GA ( Section 40-14-8).
1. Exception is clearly marked school zones, construction zones, historical districts, and residential areas. |
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Term
| What permit is required to use speed detection devices? |
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Definition
It shall be unlawful for speed detection devices to be used in any county or municipality or on any campus for which a permit authorizing such use has not been issued or for which a permit authorizing such use has been suspended or revoked and not reissued. It shall be unlawful for any official of such county, municipality, college, or university to order such speed detection devices to be used. It shall be unlawful for any law enforcement officer of any such county, municipality, college, or university to use any such speed detection devices. Any such official or law enforcement officer violating this Code section shall be guilty of a misdemeanor."
1. Ga Code Ann section 40-14-10 |
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Term
| Is laser speed detection scientifically reliable, how can the evidence be self-authenticating? |
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Definition
x. Laser based speed detection is scientifically acceptable as reliable, and a certified copy of a list of approved models is self-authenticating
1. Only foundation req. is certified copy of the DPS list. |
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Term
|
Definition
i. Visual Average Speed Computer Recorder (VASCAR)
1. Speed measuring system using two variables: time and distance.
2. VASCAR is connected directly to the patrol vehicle odometer or entered from a keyboard inside the vehicle
30. Basically a stopwatch with a calculator. Once distance is entered, operator pushes a button to start then stop the stopwatch. VASCAR displays the speed calculated. |
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Term
| How is the doppler principle used? |
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Definition
31. Doppler Principle is basis for all modern police radar
i. ii. Radar signal hits vehicle, bounces back to gun.
ii. iii. Returning frequency is either lower or higher than initial one, The frequency change can be used to determine the speed of the target. |
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Term
| What is the advantage of using Laser speed detection over radar speed detection? |
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Definition
| ii. The advantages of Laser speed detection over radar speed detection are that it is undetectable and that a target can be picked out independent of surrounding vehicles or other obstacles. |
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Term
| Was the statutory regulation making it illegal to drive under the influence of any drug found to be constitutional? |
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Definition
| 6. The Supreme Court of Georgia concluded that the part of the statute making it illegal to drive while “under the influence of any drug to the extent that it is less safe for the person to drive” was drawn and was an unconstitutional denial of equal protection. Sandlin v. State, 307 Ga. App. 573 (2011) |
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Term
| What are the four types of Alcohol Detection tests? |
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Definition
Urine
Blood
Alcohol Breathalyzer tests
Saliva Alcohol Tests and
Horizontal Gaze Nystagmus |
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Term
| What is Horizontal Gaze Nystagmus |
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Definition
a. HGN observes three physical manifestations of alcohol
b. Inability to follow visually, in a smooth way, an object that is moved laterally in front of the person's eyes
c. Inability to retain focus and the likelihood of jerking of the eyeball when a person has moved his or her eye to the extreme range of peripheral vision
d. The reported observation that this "jerking" of the eyeball because before the eye has moved 45 degrees from forward gaze (if BAC is .10% or higher)
e. Only thing required for HGN is a stimulus. A pen, penlight, finger, etc.
f. Officer gradually moves stimulus around to test above behavior
g. The officer scores one point for each sign of intoxication per eye, the maximum score being six points. A person who takes the HGN test and receives a score of four or more points is classified as having a BAC of over 0.10 percent. |
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Term
| How may the accused challenge admissibility of DUI test results? |
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Definition
| a. Accused may challenge admissibility of test results by way of to suppress or by objection when they're offered (State v. Johnston |
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Term
| What is the test for admissibility of scientific evidence in Georgia? |
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Definition
| b. The test for admissibility of scientific evidence in criminal cases in GA is whether the procedure or technique has reached a scientific stage of certainty (Harper Standard) |
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Term
| When can a court rule without receiving evidence that the procedure has been established as verifably certain? |
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Definition
| c. Once a procedure has been recognized in a substantial number of courts, a trial judge may judicially notice, without receiving evidence, that the procedure has been established with verifiable certainty, or that it rests upon the laws of nature. |
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Term
| Should scientific evidence be excluded because of a possible error? |
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Definition
| d. No need to exclude scientific evidence because of possible error (Caldwell) |
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Term
| Why are breathalyzer tests admissible?? |
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Definition
| e. Breath tests admissible because of universal acceptance (Lattarulo) |
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Term
| What does the right to challenge breathalyzer test results require? |
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Definition
| f. Right to challenge breathalyzer test results is right to introduce evidence of possibility of error (Oxley) |
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Term
| What is the most common breath tester in Georgia? |
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Definition
Your momma.
g. Intoxilyzer 5000 is most common breath tester in GA |
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Term
| What does the Intoxilyzer 5000 do? |
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Definition
ii. The Intoxilyzer 5000, Series 768GA is used in Georgia and other states. This machine has five filters which center on 3.80, 3.40, 3.47, 3.52 and 3.36 microns of the infrared spectrum. These are designed to detect ethyl alcohol (2 bands), acetone, acetaldehyde and toluene.
iii. Everything from body temperature, calibration and electrical frequencies can affect the readings of breath analyzers. |
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Term
| How must state administered breathalyzer tests be conducted under the OCGA? |
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Definition
i. State administered breathalyzer tests must be conducted on a machine which was operated with all it electronic and operating components prescribed by its manufacture properly attached and in good working order.
ii. In all cases where the arrest is made on or after January 1, 1995, and the State uses breath testing, there must be two sequential breath samples requested. The differences from each other by an alcohol concentration of greater than 0.020 grams and the lower of the two results shall be determinative for accusation purposes. |
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Term
| When a breathalyzer lacks certified copies of inspection certificates is reversal of convictions required? |
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Definition
| 1. Even if non-certified copies of inspection certificates were insufficient to prove proper operation of breath test machine, reversal of conviction for DUI less safe isn't required. Breath test can be taken as cumulative evidence with other factors (red eyes, failed other tests, etc) |
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Term
| Who can draw blood for chemical tests? |
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Definition
| iii. Only a doctor or otherwise qualified person can draw blood for chemical tests. |
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Term
| Can the refusal to take a blood alcohol content test be used against the defendant? |
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Definition
| iv. Refusal to take these tests can be used as evidence against def. |
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Term
| What is the Frye General acceptance test? |
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Definition
| – judge becomes a gate keeper to the scientific community and if it is accepted then it is good. Community being studied accepts and sees it as a valid practice then it is good |
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Term
| When may an expert witness testify? |
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Definition
i. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or othersie.
1. If the testimony is based upon sufficient facts or data and
2. Testimony is the product of reliable principals and methods and
3. The witness has applied the principles and methods reliably to the facts of the case |
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Term
| Outline how courts reject or admit evidence. |
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Definition
ii. Admissibility tests
1. Frye/General acceptance Test
2. Federal Rules of Evidence
a. Daubert Trilogy, Daubert, Joiner, and Kumho
iii. Judicial Notice of Acceptability of a scientific procedure or test
iv. Legislative recognition of admissibility of a scientific test or procedure |
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Term
| Three factors to be considered in deciding whether to admit expert testimony |
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Definition
i. Is the expert qualified to testify competently regarding the matters she intends to address
ii. Is the methodology by which the expert reaches his conclusions sufficiently reliable
iii. Will the testimony assist the trier of fact, through the application of scientific, technical, or specialized expertise, to understand the evidence or to determine a fact in issue. |
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Term
| How does the Advisory committee for the Federal rules of evidence provide for an expert to be qualified? |
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Definition
i. Knowledge of a particular subject
ii. Skills in a particular activity or area of interest
iii. Experience Obtained in a particular activity or area of interest
iv. Specialized training in a particular activity or area of interest
v. Formal education in a particular subject or area of interest |
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Term
| What are the layers of a thumb print |
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Definition
| ii. Ridge islands have sweat pores below them. Below that is the epidermis. The Papillae is the layer between the epidermis and the dermis. The dermis contains sweat gland ducts that lead from the Yarn ball like sweat glands that lead to the sweat pores a. The dermis also contains the nerves of touch. |
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Term
| What are the 6 basic groups or patterns of a thumb? |
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Definition
i. Arch – a ridge that runs across the finger prints and curves up in the middle, and the tented arches have a spiked effect.
ii. Whorl – an oval formation often making a spiral pattern around a central point
1. Plain whorl
2. Central pocket loop whorl
iii. Loops – These have a stronger curve than arches, and they exit and enter the print on the same side.
1. Radial loops slant toward the thumb and
2. Ulnar loops away from the thumb. (right and left) |
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