Review for FS Test Ch. 1 Essays - Law, Evidence Law, Criminal Law

Review for FS Test Ch. 1 Instructions: Use your online textbook and PPP for Chapter 1 Know what a forensic scientist does. Government agencies that have their own crime labs? (from PPP) FBI, DEA, ATF, USPS, U.S. Fish and Wildlife Service, Department of Homeland Security, and Department of the Treasury What is considered evidence? Evidence is anything that tends to establish or disprove a fact . Date that the FBI crime lab was created? 1932 How are violations of Civil Law punished? Violations of civil law are usually punished by fines or transfer of property. Another name for Criminal Law? Public law Entities that fall within Administrative Law Laws established by IRS, SSA, or branches of military Types of law that forensic scientists deal with? Case/common law, civil law, and criminal law What does the Miranda Right guarantee? The Miranda Right s are guaranteed by the Constitution . The p olice must advi se an arrestee of their rights. T he Miranda Right guarantee s the right to remain silent and the right to an attorney. What does "stare decisis" mean? "to stand by the decision", meaning previous legal decisions are to be followed Do you need a jury for a preliminary hearing? No What is a plea bargain? Agreement in which a defendant plea d s guilty to a less charge and the prosecutor in return drops more serious charges to avoid the cost and time of a trial. What is needed for evidence to be considered admissible? Admissibility is determined by: -Whether the theory or technique can be tested -Whether the science has been offered for peer review -Whether the rate of error is acceptable -Whether the method at issue enjoys widespread acceptance. -Whether the opinion is relevant to the issue -Must be Probative and Material -Means, Motives, Opportunity Who determines if a person is considered an "expert"? Their credentials, background and experience establishes their credibility as an expert witness. What is taken into consideration to determine the effectiveness of an expert's testimony? The judge can determine the significance of the expert's option Case that states what is accepted by the relevant scientific community. The case of Frye v. United States brought the concept of evidence accepted by the scientific community. Amendment that protects against unreasonable search and seizure? Bill of Rights, 4 th Amendmen t Amendment that protects against self-incrimination? Bill of Rights, 5 th Amendment Crime unit that deals with blood stains? Biology Unit How are lie detectors used in criminology? Lie detectors (polygraphs) are used to analyze pulse and breathing rates to tell if a person is lying.