This document discusses strategies for defending against child sex abuse cases, including summarizing key cases on discovery rules and medical privacy laws. It outlines approaches for requesting discovery materials, including medical records, school records, and forensic evidence. It also provides guidance on conducting cross-examinations of sexual assault forensic examiners, emphasizing questioning their credibility and bias. The document stresses attacking inconsistencies between physical evidence and victim testimony.
The ‘CSI Effect’ Does It Really Exist by Honorable Donald E. She.docxchristalgrieg
The ‘CSI Effect’: Does It Really Exist? by Honorable Donald E. Shelton comprises public domain material from the National Institute of Justice Journal, No. 259, Office of Justice Programs, National Institute of Justice, US Department of Justice. UMUC gratefully acknowledges the US Department of Justice, Office of Justice Programs, National Institute of Justice, for allowing the reproduction of this article from the National Institute of Justice Journal. The opinions, findings, and conclusions or recommendations expressed in this article are those of the author and do not necessarily represent the official position or policies of the US Department of Justice. C rime and courtroom proceedings have long been fodder for film and television scriptwriters. In recent years, however, the media’s use of the courtroom as a vehicle for drama has not only proliferated, it has changed focus. In apparent fascination with our criminal justice process, many of today’s courtroom dramas are based on actual cases. Court TV offers live gavel-to-gavel coverage of trials over the Internet for $5.95 a month. Now, that’s “reality television”! Reality and fiction have begun to blur with crime magazine television shows such as 48 Hours Mystery, American Justice, and even, on occasion, Dateline NBC. These programs portray actual cases, but only after extensively editing the content and incorporating narration for dramatic effect. Presenting one 35-year-old cold case, for example, 48 Hours Mystery filmed for months to capture all pretrial hearings as well as the 2-week trial; the program, however, was ultimately edited to a 1-hour episode that suggested the crime remained a “mystery” . . . notwithstanding the jury’s guilty verdict. The next level of distortion of the criminal justice system is the extremely popular “reality-based” crime-fiction television drama. The Law & Order franchise, for example, appears on television several nights a week promoting plots “ripped from the headlines.” It and other television programs pluck an issue suggested by an actual case and weave a story around it. The most popular courtroom dramas— whether actual, edited, or purely fictional—focus on the use of new science and technology in solving crimes. CSI: Crime Scene Investigation has been called the most popular television show in the world. Not only is CSI so popular that it has spawned other versions that dominate the traditional television ratings, it has also The ‘CSI Effect’: Does It Really Exist? by Honorable Donald E. Shelton N I J J o u r n a l / I s s u e N o . 2 5 9 prompted similar forensic dramas, such as Cold Case, Bones, and Numb3rs. According to one 2006 weekly Nielsen rating: ■ 30 million people watched CSI on one night. ■ 70 million watched at least one of the three CSI shows. ■ 40 million watched two other forensic dramas, Without a Trace and Cold Case. Those ratings translated into this fact: five of the top 10 television programs that week were about scientific evid ...
Examines the myths surrounding the conviction of innocent people for crimes they did not commit, and suggests ways to protect yourself and your family from becoming victims of a broken justice system.
State v. Mott: A Case Study in Forensic Sciencegcpolando
Presentation to Manchester College\'s Science Department; describes the legal aspects of forensic science in a trial presented by my elected prosecutor, Curtis Hill, and chief deputy, Vicki Becker.
Book Reference Peak, K. J. (2015). Policing America C.docxAASTHA76
Book Reference
Peak, K. J. (2015). Policing America: Challenges and Best Practices (8th ed). Upper Saddle
River, NJ: Pearson Education, Inc.
(Courtesy mikeledray!Shutterstock.)
5 Criminallnvestigation
The Science of Sleuthing
LEARNING OBJECTIVES
As a result of reading this chapter, the student will be able to:
0 Distinguish between forensic science and criminalistics
f) Understand the origins of criminalistics as well as the types of information
that physical evidence can provide
8 Compare anthropometry and dactylography
0 Explain how Bertillon, Locard, Vollmer, and others contributed to the
development of criminal investigation techniques
0 Describe the kinds of qualities that detectives and undercover officers
need to possess
125
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0 Delineate the functions of medical examiners and coroners
G Explain the basic functions of the polygraph and its legal status in the
courts
(i) Describe how DNA analysis operates (including a new approach, using
familial DNA) as well as recent developments and some legal and policy
issues concerning its use
f) Explain the contributions of social networking sites to criminal
investigations
41!> Describe the purpose and operation of a cold case squad
4D Clarify whether or not there is a "CSI effect" relating to criminal cases
0 Relate the contributions of dogs to the investigative process
Introduction
The challenges involved with investigating crimes may well be characterized by a quote from Ludwig
Wittgenstein: "How hard I find it to see what is right in front of my eyes I" Investigating crimes has
indeed become a complicated art as well as a science, as will be seen in this chapter.
The art of sleuthing has long fascinated the American public. People appear to be completely enthralled
with anything involving forensics and criminal psychoses (e.g., CSL Dexter, Criminal Minds), as well
as the exploits of detectives as they pursue serial killers (e.g., Silence of the Lambs, Se7en) Nor is this
public interest in sleuthing a recent phenomenon: for decades, Americans have feasted on the exploits
of dozens of fictional masterminds and detectives in books and movies, such as Arthur Conan Doyle's
Sherlock Holmes, Agatha Christie's Hercule Poirot and Miss Marple, and Clint Eastwood's Detective
"Dirty Harry" Callahan, to name a few.
In reality, investigative work is largely misunderstood, often boring, and overrated; it results in arrests
only a fraction of the time; and it relies strongly on the assistance of witnesses and even some luck.
Nonetheless, the related fields of forensic science and criminalistics are the most rapidly developing
areas of policing- and probably in all of criminal justice This is an exciting time to be in the investiga-
tive or forensic disciplines.
This chapter begins by defining forensic science and criminalistics and by looking at their origins;
included is a brief discussion of crime scenes. Then we review the ev ...
Medical Legal Aspects and Concerns of the Mid-Level PratcionerBernard Racey
Brief look at the legal aspects and concerns facing mid-level practioners (Physician Assistants and Nurse Practioners) in the United States Heath Care Systems
394C H A P T E R 8Identification of SuspectsLineups .docxgilbertkpeters11344
394
C H A P T E R 8
Identification of Suspects:
Lineups and Showups
Law enforcement may have the elements of a contest about it, but it is not a game.
—JUSTICE BYRON WHITE,
DISSENTING IN MASSIAH V. UNITED STATES, 377 U.S. 201, 213 (1964)
CHAPTER OUTLINE
The Persistence of Mistaken Identification
Identification and the Right to Counsel
The Right to Counsel at Post-indictment Lineups
When Does the Right to Counsel at Lineups Attach?
Does the Right to Counsel Apply to Photographic
Identification?
Identification and the Fifth Amendment
Due Process and Eyewitness Identification
Law in Society: Reducing the Error of Eyewitness
Identification
Understanding Memory and Recall
Toward More Accurate Identification
Improving Lineups
Summary
Legal Puzzles
Justices of the Supreme Court: Nixon’s Conservatives:
Burger and Rehnquist
Warren Earl Burger
William H. Rehnquist
KEY TERMS
cross-examination
exoneration
eyewitness
identification parade
lineup
showup
suggestibility
testimonial evidence
wrongful conviction
THE PERSISTENCE OF MISTAKEN IDENTIFICATION
Eyewitness identification is the most important source of truth in most criminal cases and, ironical-
ly, the leading source of error that results in the conviction of innocent people. The use of eyewit-
nesses at every stage of the criminal process is self-evident. A street mugging victim sits in a police
car and is asked whether a suspect matches her description. A store clerk at a police station lineup is
asked whether each person in the lineup is or is not the armed robber. At a trial, a homeowner sitting
in the witness box is asked to identify the burglar; he raises his arm, points to the person sitting next
to the defense lawyer, and says, “That’s the man; I’d know him anywhere.”
Honestly mistaken identification is recognized by commonsense psychology. An attorney
conducting a cross-examination of an eyewitness in a criminal trial asks commonsense questions
to cast doubt on the accuracy of the witness’s perception. How long did the witness observe the
perpetrator? Was the witness wearing eyeglasses? What were the lighting conditions? The legal
system places great faith in the ability of cross-examination to ferret out the truth. A century ago,
M08_ZALM7613_06_SE_CH08.QXD 1/11/10 7:33 PM Page 394
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Identification of Suspects: Lineups and Showups 395
Dean John Wigmore of Northwestern University Law School called cross-examination “the
greatest legal engine ever invented for the discovery of truth.”1 The Supreme Court said that “cross-
examination is the principal means by which the believability of a witness and the truth of his
testimony are tested” (Davis v. Alaska, 1974). Nevertheless, it has been known for a century that
human identification is fraught with error. Classroom experiments by psychologist Hugo
Münsterberg were published in 1908 and dramatically demonstrated that human recall of recent
events is filled with err.
11. BEWARE OF NY “HIPAA” LAW HIPAA Preempts State Law UNLESS State Law = More Protective Arons v. Jutkowitz, 9 NY3d 393 (2007) Civil case – important “discovery”
19. The New York StateSexual Assault Reform Act (SARA)Sexual Assault Forensic Examiner (SAFE) ProgramNew York State Department of Health
20. The goals of the SAFE program are to:4. Utilize an interdisciplinary approach by working with rape crisis centers and other service providers, law enforcement and prosecutors’ offices. . . .
21. 5. Provide expert testimony when needed if the patient chooses to report the crime to law enforcement . . . .
30. “Of the delights of this world, man cares most for sexual intercourse. He will go to any length for it - risk fortune, character, reputation, life itself.” – Mark Twain
31. Q: Nurse Ratchett, do you think that one years experience as a SAFE qualifies you to render a medical opinion here?A: No sir.
32. Q: Then what facts do you base your conclusion that these injuries are “consistent with” a “violent sexual assault?”
33. A: They are the same injuries I received when I was raped at age 22.
36. People v. Wernick 89 NY2d 111 (1996) Frye is still the test in NY – more or less.
37. Frye Hearing Frye Hearing on SAFE expressing any medical opinion, especially that certain physical manifestations are “consistent” with anything. That calls for the jury to comparatively speculate, without any basis in fact - no different than saying, “That is consistent with the truth of what she is saying, Your Honor.”
38. - A Westlaw™ search in New York cases did not disclose any reported cases where a Frye hearing was done.
41. - Lead with attacks on credibility.- Expose bias, interests and motives up front.- Lay the “theme” early and often.- Once you have control of the witness, then go after “risky areas.
42. Credibility attacks Are you discrediting the witness? or, Discrediting the testimony of the witness?
46. Establish Your Goal for This Cross-Examination. – Why and for what purpose is the ADA calling this witness? – Prioritize your cross - always get the “good” / “helpful” before you begin your attack.
