1 - 2 - Week 1 - 2 What is Forensic Science_ (12_22).txt

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Now, in this course,
What is it we're trying to explain to you?
What is it that we want you to take away
from this course?
It's basically summed up by this question,
how did they know?
When you hear forensic scientists or
prosecutors or police
officers saying they have very strong
evidence that this act
was done by this person, at this time, in
this
way, you should wonder to yourself, how do
they know?
And usually, how they know is based upon
forensic science.
So, this course is about explaining to you
some of
the science, the scientific principles,
that lets them make these statements.
It's about the interpretation of the
evidence.
The evidence is found at the crime scene.
The evidence itself is merely physical
objects or physical measurements.
These have to be interpreted.
So, it's how this evidence is interpreted
by the forensic scientists.
But a very important part is not just the
interpretation of the evidence, it's
understanding how that evidence can be
trusted
and to what extent it can be trusted.
How reliable is the evidence?
When DNA evidence is presented in court,
it's
presented with great reliability as if
it's infallible.
And in general, DNA evidence has
tremendous reliability
because of the scientific principles on
which it's based.
Other forms of forensic evidence?
Well, frankly, some of them are definitely
a bit iffy
and their reliability is low,
much lower than DNA evidence.
And in addition to this, we have to be
aware of
what we can deduce from the evidence and
what we cannot deduce.
As we'll see, forensic science is
tremendously good at telling
us certain pieces of information which go
into solving a crime.
But, there are some aspects of a crime
which are beyond the power of forensic
science.
So, we have to know our limits.
Now, what about science?
Why do we consider this Forensic Science?
And, we call it Forensic Science because
it uses the philosophy of all of science.
The model of science that we more or less
use these
days is based on that given to us by Isaac
Newton.
And in the Newton idea of science, you
have observations.
Observations may be of the natural world
or observations of your crime
scene, or you do experiments and you have
results from those experiments.
And you use those observations and
experiments to come
up with a theory that gives you an
explanation.
You then go back to make further
observations
or further experiments which then test
your theory.
If both further observations and
experiments support your theory, great,
then you can go on for further
experiments.
If those observations and experiments
contradict
your theory, well, you've gotta go
back to the drawing board and come up
with a new theory.
And you would continue around this cycle
of observation or experiment and theory,
until you
conclude that your theory is pretty much
firmly demonstrated, and you have full
confidence in
it.
Now for most scientists, once you reach
that point, what you do is
you write a scientific paper or you give a
presentation at a conference
and there's the end to the process.
For forensic scientists, the end to the
process is somewhat different
because once you are confident in your
theory that explains
your observations, you then have to
present that theory in court.
You have to be an expert witness in court,
and convince
the judge and/ or the jury of the validity
of your thesis.
And this means that if there is a mistake
in your theory, if your theory
is invalid, if it's wrong, the
consequences can be very serious indeed.
Because if your theory is wrong, you may
be sending an innocent person to prison;
or if it's a country where there is
capital punishment,
you may be sending an innocent person to
their death.
And it is certainly true that this has
happened,
and this can happen.
Let us say a little bit at this point
about the legal system, in particular, the
legal system in countries where they use a
system based on the English system.
So, the evidence that is presented in the
court when someone has
been charged with a crime, comes from
experts such as forensic scientists.
It may come from witnesses, it may come
from the police officers.
This is presented in the court.
Some of it is presented by the prosecution
who are seeking to get the person
convicted,
and some of it will be presented by the
defense who are seeking to oppose it.
And the prosecution and the defense will
maybe challenge each other's evidence,
and each trying to achieve their
objective.
Now, the court is presided over by a
judge.
Now, in many countries that base their
legal system on England, the
decision of whether the person is guilty
or not guilty is taken by the jury.
And the jury is essentially a committee
formed, usually somewhat at random, from
local citizens.
And the history of the jury system goes
back many, many centuries indeed.
The jury system is still used in the
United
Kingdom, in Australia, in New Zealand, and
in the United
States of America, and in many of these
places
it's regarded as an absolute cornerstone
of the legal system.
In other countries, including Singapore,
the jury system has been abolished.
In those countries, then the decision of
guilty or not guilty
will be taken by a judge or a panel of
judges,
but the fundamental system is the same.
The prosecution and the defense each try
to make
their case based on the evidence in the
court.
Another inheritance from English law is
the presumption of innocence.
If you are charged with a crime, if you
are accused of a crime, the legal
system must assume you are innocent until
you are proven guilty.
Essentially, there is a default setting
and the default setting is innocent.
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This means that it is the job of the
prosecution to prove guilt.
The defense does not have to prove
innocence.
They simply have to essentially pick holes
in
the prosecution's case so that they cannot
prove guilt.
Now, any case presented by the
prosecution, you
can raise any kind of doubt about their
case.
But the law does not allow any kind of
doubt,
it has the concept of reasonable doubt.
If the defense can raise reasonable doubts
about what the prosecution
is saying, then the accused must be found
not guilty.
This case is a very good example of this
idea of reasonable doubt.
Felicia Lee had a boyfriend called
Randone,
and they were living together.
On September the 11th, 2009, Randone made
a 911 call to the Emergency
Services asking them to come to the house
because Felicia Lee was dead.
Okay, they arrived, she was dead.
Her body was taken away, of course, for
autopsy examination.
When her body was examined, they found in
excess of 300
what are called blunt force trauma
wounds.
Essentially, she had been kicked or beaten
very,
very savagely, in the opinion of the
medical examiners.
And this is why Randone was charged not
just with her murder, but
they also added on the very unusual and
very rare charge of torture.
She'd been tortured to death.
So the prosecution's case was quite
simple.
Here's Lee, in the house, the only other
person there is Randone.
He kicked her to cause these excess of 300
traumas
and then had killed her by smothering.
And it looks, at first glance, a pretty
cut and dried case.
But when a body is taken away for
autopsy, the pathologist, the medical
practitioner, will not
only examine the body for the things that
the police, the investigators think caused
the death.
They will go through a whole series of
standard tests
because they want to check whether it may
be other possibilities.
One of the standard tests that's done is
blood chemistry.
A blood sample is sent away for analysis
and Felicia Lee's blood was found to
contain
a chemical called gamma-hydroxybutyrate,
GHB, which is a drug.
And the defense used this fact to
provide reasonable doubt to undermine the
prosecution's case.
They called in an expert witness,
an expert who had studied the effects of
the drug GHB extensively,
and he testified in court that these 300
bruises on
her body could have been caused by her
having a seizure induced by this drug.
And her death could also have been caused
by the fact
that she has an overdose of this drug in
her system.
Result, he was found not guilty.
Let's look at that result.
Did the defense prove that her death was
caused by an overdose of the drug GHB?
No.
They didn't prove it, the point is, they
don't need to prove it.
All they need to do is to suggest that it
is a possibility
and show to the jury that it is a
reasonable possibility.
That is what they succeeded in doing.
That is all they needed to do.
And Randone was found not guilty.
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