Oral Boards 1- Adfs

-1991

-Frye Plus Ruling

-applies to admissibility of DNA evidence

-Three prongs: court decides if: 1. DNA evidence is generally accepted (theory that DNA is reliable) 2. whether testing procedures used are generally accepted as reliable and 3. whether the test was performed properly

Must:

1. Be relevant- tendency to prove or disprove (probative)

2. Be material- offered to prove the fact in question

3. Be competent- obtained legally

NRC II Report --> it is impossible to have error rate for DNA, and one isn't needed due to the quality system in place

Supreme court ruling that collecting DNA samples from arrestees is not unconstitutional

-due process

-life, liberty, & property --> can't be deprived without due process of law

-establishes various rules for the availability and production of statements of prosecution witnesses in federal criminal trials

-regulates discovery and disclosure of prosecution witnesses

-prohibits unreasonable search and seizures

-exceptions--> plain view, consent given, emergeny

a hearing to determine if there is probable cause against the defendent

-Turner convicted of 2 counts capital murder

-DNA evidence presented--> Turner DNA matched sample on victim

-Criminal Appeals ruled that DNA didn't meet the Perry Standard--> and the state failed to show that the general accepted testing techniques that produced the DNA population frequency statistical evidence were performed properly--> so DNA evidence was inadmissable

1. Guilty

2. Not guilty

3. Nolo contendeie --> No contest

1. scientific --> testing and forming an opinion

2. forensic --> communicating opinion to jury

civil--> personally sue someone

criminal--> government prosecutes for a wrong that's commited

-ensure application of the principles set forth in the constitution

-justice

-exonerate innocent and convict the guilty

-right to remain silent

-right to retain council

-council can be appointed to you

-person--> Ad testificandeum (oral testimony)

-documents--> duces tecum (document testimony)

-ruling: government MUST disclose all exculpatory evidence

(Exculpatory= evidence favorable to the defendent in a criminal trial)

(opposite is "inculpatory")

-municipal/district courts do NOT have jury trials

-circuit court can have jury trials

-$$ values differ

-court of last resort: supreme court

-intermediate appellate courts: court of civil appeals & court of criminal appeals

-court of general jurisdiction: circuit court

-courts of limited jurisdiction: probate court, municipal court, district court

-punishment, sentencing, and time frame differ

-severity of crime differs

-misdemeanor--> up to one year or less

-felony--> greater than 1 year

Fruit of the poisonous tree

-capital murder: murder of police officer, murder occurs after/during another felony, murder for hire, murder of 2+ people in one act, murder of victim younger than 14, etc.

*sentence is death penalty or life w/o parole

-murder: intent to kill one but kills another instead, kills by reckless endangerment, commits arson and officer dies during his duty, victim dies while assailant is attempting felon, etc

-bank robbery

-kidnapping across state lines

-drug trafficking

-any crime passing state lines (interstate commerce clause)

-post office/ mail crimes

-1993

-"relevance & reliability"

-decided the judge is the "gatekeeper"

-specific factors: (1) can theory/technique be objectively challenged (testable & reproducible) (2) subjected to peer review/publication (3) error rate (4) there musts be standards and controls (5) generally accepted by scientific community

-1923

-inadmissibility of lie detector test b/c not generally accepted

-ruling: to be admissible a procedure must be generally accepted in scientific community

-"general acceptance" rule

-sworn in testimony outside presence of judge and jury

-have court reporter, prosecution, and defense

-deposition testimony can be read in court

-legal motion where the prosecution must turn over everything they have to the defense

District--> Jury trials

Circuit--> appellate level

Supreme court

-limited jurisdiction

-general jurisdiction

-intermediate jurisdiction

-supreme court

-does NOT require that an expert have scientific literature to support his/her opinion

-expert testimony is admissable only if: (1) testimony based on sufficient facts/data (2) testimony product of reliable principles/methods (3) witness has applied the principles and methods reliably to the facts of the case

-Felony: more severe crimes, can go to state prison for 1+ years, complete loss of 2nd amendment right

-Misdemeanor: less severe crimes, sentence of less than 1 year in county jail and/or fine, no effect on civil liberties

-9 justices, serve 6 years (5 sit in panel or en banc)

-Court of last resort

-State funded

-Case types: (1) appeals of title to or possession of land and civil law cases over $50K and equity cases (2) Certiorari review of Court of Civil Appeals and Court of Criminal Appeals (3) appeals from the AL Public Service Commission

- 72 judges; 67 counties

-no jury trials

-limited jurisdiction court

-locally funded

-case types: (1) wills, guardianship (2) recording of all land partitions and sale of land (3) equity administration of estates

-No jury trials

-case types: misdemeanor, traffic infractions, parking tickets, exclusive ordinance violations

-limited jurisdiction court

-locally funded

-101 judges; 67 counties

-no jury trials

-limited jurisdiction court

-state and locally funded (mixed)

-case types: (1) civil actions under $10K (2) small claims up to $3K (3) original jurisdiction misdemeanors (4) preliminary hearings for felonies (5) traffic violations if no municipal court (6) juvenile

-140 judges in 40 circuits

-jury trials; we usually get called to testify here

-general jurisdiction court

-state and locally funded (mixed)

-case types: (1) civil actions $3K+ (2) felonies, misdemeanors, and ordinance violations included with felony charge (3) appeals from courts of limited jurisdiction

-intermediate appellate court

-state funded

-5 judges sit in panel (serve for 6 years)

-case types: appeals in civil cases (up to $50K); appeals from admin agencies; juvenile appeals (dependency, neglect); domestic related cases (divorce, alimony, child support, adoption, custody)

-5 judges sit (serve for 6 years)

-intermediate appellate court

-state funded

-case types: (1) appeals in criminal cases involving felonies, misdemeanors, violation of city ordinances, habeas corpus, all post conviction writs (2) juvenile criminal appeals, delinquency and transfers to adult court

I. General Provisions: scope, purpose, preliminary questions

II. Judicial Notice

IV. Relevance & it's limits

V. Privileges

VI. Witnesses

VII. Opinions and Expert Testimony

In law, various things presented to a judge or a judicial body for the purpose of resolving a disputed question of fact

-sworn testimony of witnesses

-exhibits received into evidence

-facts which attorneys have agreed to or stipulated

-arguments and statements by attorneys

-opening statements

-closing arguments

-questions and objections by attorneys

-testimony that has been excluded or stricken

-stands on its own to prove an alleged fact

-testimony by a witness about what they personally observed/heard/did

-proof of facts offered as evidence from which other facts are to be inferred

-must be examined cumulatively

-Courts reluctant to convict when only evidence in case

-indirect evidence

1. Real: anything tangible

2. Demonstrative: illustrates testimony; diagrams, photos, videos, etc.

3. Documentary: printed or written paper relied upon to establish some fact; copies of public record, official documents, certificates

4.Testimonial: most basic form

1.Relevance

2. Materiality (does it prove a fact that is at issue)

3. Competence (can't be barred by any exclusionary rule)

Forensic scientists shall maintain maintain the good moral character, high integrity, good repute, and high ethical and professional standard

-conduct themselves with honesty and integrity always

-never knowingly misrepresentation of their qualifications, evidence, results, examinations, etc.

-refrain from misuse of confidential knowledge

-be aware of possible conflicts of interest

-strive to avoid conflicts

-always be fair and impartial

-do nothing that would imply partisanship

-always act in accordance with precepts of ethical practice

-copies of laboratory books

-copies of quality control tests run

-copies of reports the lab issued

-written report declaring a match or non-match and actual size measurements

-statements of observed contaminants and why

-statements of any other lab errors

-chain of custody

-how allele frequency was calculated

-etc.

(1) Arrest (2) Charged (3) Initial Appearance Arraignment: inform suspect of charges against them (4) Initial Appearance: set bail, judge decides if there's probable cause (5) Grand Jury: prosecution presents its evidence to determine if sufficient to go to court (6) Arraignment: charged with offense, asked if they want to plea (7) Discovery & Pretrial motions (8) Jury selection (9) Opening statement (10) Trial

(11) Closing arguments (12) Jury deliberates (13) Sentencing

-three:

(1) Northern District (divided into 7 divisions)

(2) Middle District (divided into 3 divisions)

(3) Southern District (divided into 2 divisions)

-a procedure designed to allow disclosure of information between plaintiffs and defendents

-prevents trial by ambush

written questions from plaintiff to defendant, or other way around-->require written response

a procedure where verbal questions are asked; recorded by a court reporter, who swears the person to tell the truth before answering

1. Death investigation

2. Toxicology

3. Criminalistics --> FB is here!

4. Implied Consent

5. Administrative

those requiring calibration or a performance check prior to use and periodically thereafter

-the ones that require annual performance checks at a minimum

-balance/scale

-thermal cyclers

-robotic systems (symphony, agility, 7500)

-genetic analyzers (3500)

-mechanical pipettes

-thermometers

-pH meter

-fridge/freezer/water baths/oven temps

-determined by empirical studies or routine practice to require testing on established samples before use on evidentiary/casework samples

-also what are deemed critical by the lab

-QC each lot # before using (use NIST traceable standards)

-reagent name

-concentration (where appropriate)

-prep date

-expiration date (when appropriate)

-storage requirements (where appropriate)

-preparer's initials

-commercial kits for genetic typing (Globalfiler): each lot # tested against positive and negative controls

-commercial kits for quantitative PCR (Quant Trio): tested against at a minimum, a blank sample and the supplied DNA quant standards

-validation performed at individual labs

-all must be documented and summarized

-shall define quality assurance parameters and the interpretation guidelines--> including guidelines per mixture interpretation (as applicable)

-includes: known/non-probative evidence samples, mock evidence, reproducability and precision, sensitivity and stochastic studies, mixture studies, contamination assessment

-performed at manufacturing step

-includes: species specificity, stutter studies, concordance, population study, etc.

-performed before internal validation

-service

-integrity

-respect

-quality

National Institute of Standards and Technology

an inspection used to evaluate, confirm, or verify activity related to quality

-QA: umbrella for quality system (continuing education, tech reviews, proficiency testing, educational requirement, training)

-QA covers QC

-QC: day to day operational techniques (testing reagents, reagent blanks, controls, checking temps, performance checks, etc)

-minimum B.S. in biology, chemistry, forensic science, or related field

-coursework/training in molecular biology, genetics, biochemistry, and statistics

-minimum experience in DNA lab--> 6 months prior to reporting DNA results (in accordance with FBI national standards)

so our lab can participate in CODIS (to enter and upload profiles)

-storage at room temp: 6 months shelf life from date of prep

-reagents requiring refrigeration: 12 months from the date of prep

material that is generated as a function of analysis, which may include extracts, amplified product and amplification tubes/plates as defined by the laboratory

-thermal cyclers

-ABI 3500 genetic analyzer

-pipettors

-thermometers

-balances

equipment in PCR amp area of lab is for post-amp use and SHALL NOT be removed from the amp area without being decontaminated

-MUST be audited annually (internal or external)

-Must be audited every 2 years by outside agency as per FBI QAS

-don't have internal/external on same year

-as an agency, audited by ASCLD-LAB every 5 years

-accredited by ASCLD-LAB to ISO 17025

-ASCLD-LAB: American Society of Crime Laboratory Directors; Laboratory Accreditation Board

-ISO: International Organization for Standardization

Dale Carpenter: Deputy Director for Technical Services (also supervisor for discipline chiefs)

Rod Kennette: Deputy Director for Administrative Services (supervisor for lab directors)

-DNA Advisory Board

-established by FBI Director under the DNA Identification Act of 1994

-integrity of reports and case records

-timeliness of responses

-process by which a procedure is evaluated to determine its EFFICACY and RELIABILITY for forensic casework analysis and includes the following:

1. developmental (manufacturer)

2. internal (individual labs)

-revision one was October 1st, 1998

study of the nature of biologically important molecules in living systems, DNA replication, and protein synthesis, and the quantitative and qualitative aspects of cellular metabolism

-technical issues: section chief-->regional -technical leader (angelo)-->statewide technical leader (angelo)

-admin issues: section chief-->lab director

(nathan is scientist rater, and angelo is reviewer)

-establishes or contributes to proof

-helps prove fact or issue

-knives: blade to handle length, length of blade, width of blade, length of handel

-guns: draw, measure, serial #

-hammers: draw/measure head of hammer, width of hammer head, length of whole hammer, measure head diameter

-analyst discretion

-best to sketch and have more detailed notes for court

-note details like design, brands, color, stains tested and their locations

sealed with packing tape, tamper resistant evidence tape, and initials (if large item, it can be wrapped in butcher paper first)

-have different lab areas for examination

-wear PPE

-change gloves after each case and between items

-handle items as little as possible

-collect/package/seal items individually

-clean work area before and after

-work Q and K samples at different times

-tracking of where items of evidence are at all times

-electronic record of: person, location, date, time, item descrption

-who has evidence, where, how long, what date, etc.

an agent or factor that causes malformation of an embryo

1. sweeping

2.picking (tweezers)

3.lifting (tape)

4.scraping

5.vacuuming (like at crime scene)

6.combing

7.clipping

-lot #, date prepped, date recieved, expiration date, date opened, concentration, date out, NFPA label

-"in house", created evidence work product

-does not require chain of custody

-trace not analyzed at ADFS, can send to FBI upon request

-not probative: when assailant is NOT a stranger (like father/daughter, live in bf/gf)

-probative: if victim and suspect are strangers

-proper seal: packing tape, tamper resistant evidence tape, initials

-seal: only tape (not tamper resistant), no initials

whenever two items come into contact with one another, there is always an exchange of material

-universal precautions: treat everything as if it could cause disease

-Personal Protective Equipment: lab coat, gloves, eye wear, face mask, etc.

-medulla: innermost layer, present in large & thick hairs

-cortex:strength and color

-cuticle: colorless, protector of the cortex

-FRE 402: relevant evidence is admissible unless any of the following provides objection--> US Constitution, a federal statute, the FRE, other rules prescribed by the Supreme Court

1. Anagen: growth phase: full-sized and active follicle

-Catagen: transition phase: shrinks metabolic activity: hair growth begins to slow down

-Telogen: resting phase: metabolism and growth cease

1. original screening notes

2. DNA worksheets (extract, quant, amp, e-grams)

3. profiling sheets

4. CODIS entry

5. match estimation/stats

6. report

7. tech review

8. chain of custody

9. evidence receipt

10. submission form

-FBI QAS for DNA testing labs (recommendations made by SWGDAM)

-17 total sections: validation, education, security, review process, organization & management, personnel, facilities, evidence control, proficiency testing, audits, corrective action, safety...

demonstrates the quality of performance by the analyst and serves as a mechanism for critical self-evaluation

-test semi-annually (time b/w test at least 4 months and no more than 8 months)-->FBI standard

-perform manual and automated methods at least once per year

Discipline chief & statewide technical leader--> Angelo Della Monna

-can subit 2nd test within one month of discrepancies

-if 2nd test has discrepancies, analyst undergoes training and takes 3rd test

-everything must be documented by test coordinator and discipline cheif

Scientific Working Group on DNA Analysis Methods

the set of operations which establish, under specified conditions, the relationship between values indicated by a measuring instrument/system, or values represented by a material, and the corresponding known values of a measurement

-distance b/w impact areas and origin at time of blood shed

-type & direction of impact that produced pattern

-ID objects that produced particular bloodstains

-# of blows, shots, etc that occurred

--positions of victim, assailant, objects at scene

-any movement of the latter

NO! only presumptive for the presence of blood

the tail points away from the origin and points toward travel

-indoors

-outdoors (at night)

-porous/non-porous surfaces

-vehicles

*just about anywhere*

true positive= long lasting glow

false positive= flashes

the angle at which blood strikes a surface

A. back spatter on bullet entry

B. forwards spatter on bullet exit

projected blood spatter

transfer/contact pattern

-texture (rough v. smooth) affects shape of droplet--> collisions with surfaces that aren't flat

-more absorptive-->better spreading of droplet into surface

-thickness-->thick and absorptive surface pulls droplet into matrix and keeps from spreading

2D= graphical drawing

-measure location of bloodstains relative to a known set of points with the angle of directionality on the horizontal surface of target