Term
What is Forensic Chemistry? |
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Definition
applied analytical chemistry and exists where science and the law overlap |
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Term
What precedent did the Frye hearing set? |
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Definition
Ruled that analysis has to be:
- generally accepted
- able to produce reliable results
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Term
What are issues that arise with the Frye ruling? |
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Definition
- "general acceptance" is difficult to define
- "relevant" scientific community is open to interpretation
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Term
What precedent did the Daubert hearings set? |
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Definition
- validated techniques
- conditions controlling techniques maintained
- Peer review techniques
- false positives/negatives?
- generally accepted in scientific comm
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Term
True or False: Hearsay is admissable in federal court |
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Definition
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Term
What are the different phases of the pre-trial process? |
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Definition
- Complaint
- Affirmative Defenses
- Discovery
- Chain of Custody
- Expert Report
- Deposition
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Term
What exactly is the complaint?
(pre-trial) |
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Definition
- First formal notice of a lawsuit
- legal document alleging plaintiff harmed in some way
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Term
What are Affirmative Defenses?
(pre-trial) |
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Definition
- typically in the form of legal grounds for dismissal
- defense's attempt to bar plaintiff from recovery
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Term
What is Discovery?
(pre-trial) |
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Definition
- Formal fact-finding by lawyers from both sides
- access to info, documents, witnesses with pertinent facts
- Federal is one-way; state and local can be both ways
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Term
What is the Chain of Custody?
(pre-trial) |
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Definition
- Establishes existence, care, custody, and control of evidence
- Illustrates safeguards taken to preserve its condition
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Term
The Expert Report
(pre-trial) |
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Definition
- Formal written document
- Contains basis for opinions/conclusions to be offered
- Discoverable
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Term
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Definition
- sworn testimony before trial
- no judge present
- process is to gather info-not to try the case
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Term
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Definition
exculpatory or impeaching info that is material to the guilt or innocence or to the punishment of a defendant... |
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Term
What are important features of the Deposition Process? |
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Definition
- Subpoena Duces Tecum
- Setting
- Questions
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Term
Subpoena Duces Tecum
(Deposition process) |
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Definition
- "bring with you under penalty of punishment"
- formalizes date/time/place of deposition
- outlines: what you need to bring with you
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Term
Setting
(deposition process) |
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Definition
- law office
- lawyers will banter w/each other
- don't be mislead be informality
- don't engage w/lawyers
- lawyers explain format and rules
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Term
Questions
(deposition process) |
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Definition
- opposing attorney is in control
- they may set you up for a Daubert motion
- they will want to explore/evaluate alternate story lines
- May gather info for motions unrelated to work
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Term
What are some strategies that the opposing attorney may utilize during the deposition process? |
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Definition
- Impeachment
- Daubert challenge
- Background
- Character/Bias
- Fencing/"Freezing"
- Stretching
- Endurance
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Term
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Definition
- inconsistencies/contradictions/mistakes
- Plus side: you learn how much he/she knows
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Term
Daubert challenge
(deposition) |
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Definition
- questions directed to "relevance & reliability"
- root your answer in the Daubert prongs
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Term
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Definition
- Everyone has background issues
- Answer directly and without embellishment or excuses
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Term
Character/Bias
(deposition) |
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Definition
- they'll watch how you respond to pressure and uncertainty
- attack your character
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Term
Fencing/"Freezing"
(deposition) |
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Definition
- will try to limit your testimony to certain parts
- will try to limit your ability to elaborate
- don't respond with a "yes" or "no" if more explanation is needed
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Term
During a Daubert Hearing, what entity ultimately decides on admissibility? |
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Definition
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Term
What role does peer review play in science and in the law? |
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Definition
- Argument before a judge, jury, or lawyers is loosely analogous to peer review
- Scientific findings aer submitted to peer-reviewed journals
- the work and conclusions of individual case-working forensic scientists are peer-reviewed before being reported out
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Term
Is the analysis of drugs using instruments such as mass spectrometers and infrared spectrometry based on comparison? |
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Definition
Yes, Ids are made by comparing data to that stored in a library |
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Term
True or False: Analysts are accredited, labs are certified |
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Definition
False: Labs are accredited and analysts are certified |
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Term
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Definition
The American Academy of Forensic Sciences (AAFS) |
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Term
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Definition
the Amercian Association of Crime Lab Directors Lab Accreditation Board (ASCLD-LAB) |
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Term
What are the objectives of the ASCLD-LAB? |
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Definition
- Improve quality of lab services
- Develop/maintain criteria to assess performance
- provide independent, impartial, and objective system of operational review
- offer to the public and users of lab services a means of identifying thos labs meeting these standards
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Term
What is the NUSAP approach? |
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Definition
N-Number, U-Units, S-Spread, A-Assessment, P-Pedigree |
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Term
What are the different types of errors? |
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Definition
Stat perspective- type I (null hypothesis wrongly rejected), type II (null hypothesis wrongly accepted)
Forensic perspective- False negative, false positive |
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Term
What are the two conditions that must be met to effect a separation based on partitioning between two phases? |
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Definition
First-exploitable difference in physical props must exist between analyte and matrix
Second-equilibrium condition between the two phases |
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Term
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Definition
a substance tha, when ingested, is capable of inducing a physiological change. |
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Term
What are the different modes of ingestion?(drug) |
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Definition
- Swallowing
- Injection
- Inhalation
- Absorption through the skin
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Term
True or False: All drugs are toxic |
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Definition
True: dose differentiates a therapeutic drug from a poison |
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Term
What are the different ways drugs are classified? |
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Definition
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Term
What are the natural products?
(drug classification) |
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Definition
- Opiates
- Caffeine
- Cocaine
- Cannabinoids
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Term
What are the semi-synthetics?
(drug classification) |
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Definition
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Term
What are synthetics?
(drug classification) |
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Definition
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Term
What are the different general effects?
(drug classification) |
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Definition
Analgesics, Depressants, Hallucinogens, Narcotics, Stimulants |
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Term
What are the different types of analgesics and how do they work? |
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Definition
Aspirin-NSAID, stops pain by reducing fever and inflammation.
Morphine(& other opiates)-blocks transmission at the CNS of nerve impulses that relay the sensation of pain to the brain |
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Term
What are the different types of depressants and how do they work? |
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Definition
-Depress functions of the CNS, promotion of sleep
- Barbiturates
- Tranquilizers
- Sleep Aids
- Ethanol
- Benzodiazepines
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Term
What are the hallucinogens and how do they work? |
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Definition
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