FORENSIC SCIENCE AFTER THE INVESTIGATION BEGINS CORPUS DELICTI

FORENSIC SCIENCE AFTER THE INVESTIGATION BEGINS

CORPUS DELICTI “Body of the Crime” After the crime scene has been processed, the CSI team and the investigators must work together to recreate the crime and ultimately arrive at an answer that is corroborated by the evidence. One of the first questions to be answered is “What means, motive and opportunity were available to the suspect? ” 2

FACETS OF GUILT âMeans--the ability of have committed the crime. âMotive--the reason for committing the crime. (This doesn’t have to be proven or presented in a court of law, but its what everyone wants to know. ) âOpportunity--time or availability to have committed the crime. 3

FACETS OF GUILT (cont) For example, a victim was shot and robbed on a deserted street late at night. Means – the criminal had a gun Motive – the criminal wanted money/jewlery Opportunity – the victim was alone in a deserted area. The chance of an eye-witness was unlikely. A determination of means and opportunity is enough for an arrest. Motive may be determined later. 4

Charges After a suspect is arrested, mirandized and questioned the investigators may release the suspect or charge them with a crime. The type of crime will ultimately determine bail/bond and sentencing. 7

Types of Crimes § Infraction An act or instance of breaking a law or regulation or of nonfulfillment of an obligation or promise, for example: breach, contravention, infringement, transgression, trespass, violation. 9

Felony Charges may rely on Circumstances For Example 1 st Degree Murder--premeditated 2 nd Degree Murder--killed intentionally, but not thought out as much ahead of time Voluntary Manslaughter--usually involves sudden passion (fear, rage, anger, terror) Involuntary Manslaughter (criminally negligent homicide)--killed someone, but unintentionally 13

The Trial After the suspect has been charged they will need to appear before a judge. At this time the judge will determine whether or not to grant bail and the amount of bail. A date will be set for the trial. Often times the parties will try to settle before the trial date. If a trial is conducted, it follows a set schedule. 18

The Trial (cont) 1. Plaintiff’s Opening 2. Defendant’s Opening 3. Plaintiff’s Case 4. Defendant’s Case 5. Plaintiff’s Rebuttal 6. Defendant’s Rebuttal 7. Plaintiff’s Closing 8. Defendant’s Closing 9. Plaintiff’s response 10. Jury Instructions 11. Verdict 19

The Expert Witness Both sides may use expert witnesses as they present their case. The Prosecution may use several of the CSI team as expert witnesses. However, both sides may use experts from any field. 20

The Expert Witness (cont) An expert witness is an individual that has expertise in a certain area due to education, experience or a combination of both. The judge will determine if a witness qualifies as an expert witness. The judge was given this right by the decision in Daubert vs. Merrell Dow Pharmaceuticals. 21

Expert vs. Lay Witness A Lay Witness may only testify about events from personal knowledge. They may only offer facts and cannot give their opinion. An Expert Witness evaluates evidence and offers their opinion as to the significance of the findings. This testimony may be rejected by the jury. The Expert cannot state their opinion with certainty. They must state their opinions based on probabilities. 22

The Trial (cont) Once the verdict is delivered, the defendant is either released or the judge will set a date for sentencing. At the sentencing, family members from both sides of the case may speak. The judge will consider all of this testimony and will then sentence the convicted criminal. 23