Term
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Definition
1. Hypotheses
2. Facts
3. Laws
4. Theories |
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Term
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Definition
| “the means by which any fact which is put in issue, is established or disproved.” Hotchkiss v. Newton (1851) |
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Term
| Four traditional types of evidence |
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Definition
1. real
2. demonstartive
3. documentary
4. testimonial |
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Term
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Definition
1. True axioms should be the goal of science, not their starting place
2. If the scientific method, if an idea conflicts with what happens in nature, the idea must be changed or abandoned |
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Term
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Definition
1. Coined the term critical rationalism
2. Stressed testability |
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Term
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Definition
1. Developed scientific theory using the term “paradigm”
2. Paradigm theory reflects view science is not a stead, cumulative acquisition of knowledge
3. Instead, science is a series of “peaceful interludes punctuated by intellectually violent revolutions” |
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Term
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Definition
| Developed systolic blood pressure test to detect deceptinon |
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Term
| Primary functions of an expert witness |
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Definition
1. Scientific function- collecting, testing and evaluating evidence and forming an opinion as to that evidence
2. Forensic Function- communicating that opinion and its basis to the judge and jury |
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Term
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Definition
1. “While courts will go a long way in admitting expert testimony deduced from a well recognized scientific princple or discovery, the thing from which the deduction is made must be sufficiently established to have general acceptance in the particular field in which it belongs.”
2. Systolic blood pressure deception test has not gained such standing |
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Term
| United States v. Williams |
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Definition
| 1. Lie detector much more speculative than is spectrographic analysis |
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Term
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Definition
1. “Counting heads” is not an appropriate way to determine the admissibility of a scientific procedure in evidence
2. TEST FOR GA CRIM CASES:
a. Trial Judge must decide whether the procedure or technique in question has reached a scientific stage of verifiable certainty, or in the words of Younger, whether the procedure “rests upon the laws of nature”
b. Vaughn v. State (2007) (Harper still in tact) |
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Term
| FRE Rule 601 - Witness competency |
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Definition
| Every person is competent to be a witness except as otherwise provided by these rules |
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Term
| FRE Rule 602: Lack of Personal Knowledge |
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Definition
A. A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter
B. Evidence to prove personal knowledge may, but need not, consist of witness’ own testimony; subject to FRE 703 for experts |
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Term
| Rule 701: Opinion Testimony by Lay Witnesses |
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Definition
A. If the witness is not testifying as an expert, the witness’ testimony in the form of opinions or inferences is limited to those opinions or inferences which are:
1. Rationally based on the perception of the witness, and
2. Helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue, and
3. Not based on scientific, technical, or other specialized knowledge within the scope of Rule 702 |
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Term
| Rule 702: Testimony by Experts |
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Definition
A. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if
1. DAUBERT FEDERAL TEST FOR EXPERTS
a. The testimony is based upon sufficient facts or data,
b. The testimony is the product of reliable principles and methods, and
c. The witness has applied the principles and methods reliably to the facts of the case
2. GA EXPERTS (Hankla)
a. Is the expert qualified to testify competently
b. Is the methodology by which the expert reaches his conclusions sufficiently reliable as determined by Daubert
c. Will the testimony assist the trier of fact |
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Term
| Factors to consider when establishing validity of expert testimony |
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Definition
a. Whether the theory or technique can be or has been tested
b. Whether the theory or technique has been submitted to peer review and publication
o Peer review a component of good science which reduces likelihood method will have undetected flaws
c. The known or potential rate of error in the case of particular technique (if no error rate, usually not accepted; if the method or theory cannot be refuted it is unscientific)
d. Whether the theory or technique enjoys general acceptance within the relevant scientific community |
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Term
| Judges assume gatekeeper role in assessing ... |
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Definition
| assessing whether the “reasoning or methodology underlying the testimony is scientifically valid and whether the reasoning or methodology properly can be applied to the facts at issue |
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Term
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Definition
a. 702 (testimony by experts) Supersedes Frye
b. Expert opinion must be reliable
c. Expert opinion must be relevant
d. Trial Court is gatekeeper (abuse of discretion) |
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Term
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Definition
a. Trial Court judges can scrutinize the reliability of an expert’s reasoning process as well as the expert’s general methodology
b. Under rules the trial judge must ensure that any and all scientific testimony or evidence is not only relevant but reliable |
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Term
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Definition
| a. Daubert applies to all expert testimony, not just scientific |
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Term
| Advisory Committee Notes to 702 provide five ways for an expert to be qualified |
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Definition
a. Knowledge of a particular subject
b. Skills in a particular activity or area of interest
c. Experience obtained in a particular activity or area of interest
d. Specialized training in a particular activity or area of interest
e. Formal education in a particular subject or area of interest |
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Term
| Rule 703: Bases of Opinion Testimony by Experts |
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Definition
A. If facts or data upon which an opinion is based are relied upon by experts in the particular field of the subject, the facts or data do not need to be admissible in evidence
B. 403 (probative toward understanding vs prejudice) test for facts or data that are inadmissible |
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Term
| Rule 704: Opinion on the Ultimate Issue |
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Definition
A. Just because testimony embraces an ultimate issue to be decided by the trier of fact does not make it objectionable as long as it otherwise admissible.
B. No expert witness testifying as to whether DEF did or did not have mental state or condition constituting an element of the crime charged or a defense. |
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Term
| Rule 705: Disclosure of Facts or Data underlying Opinion |
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Definition
A. Expert doesn’t have to testify first to underlying facts or data, unless the court requires
B. May be required to disclose facts or data on cross examination |
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Term
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Definition
A. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and:
1. If the ruling admits evidence, a party, on the record:
a. Timely objects or moves to strike; and
b. States the specific ground, unless it was apparent from the context; or
c. If the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context |
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Term
| FRE 104 - Determining whether a person is qualified to be a witness |
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Definition
A. A) Preliminary questions concerning the qualification of a person to be a witness, the existence of privilege, or the admissibility of evidence shall be determined by the court, b) in making its determination it is not bound by the rules of evidence except those with respect to privileges
B. E) The determination by a court that a witness may testify does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility |
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Term
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Definition
| A. Relevant evidence is anything which has a tendency to make the existence of any that is of consequence to the determination of the action more probable or less probable than it would be with the evidence |
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Term
| FRE 403 - Exclusion of relevant evidence |
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Definition
A. Even relevant evidence may be excluded if:
1. Its probative value is substantially outweighed by the danger of unfair prejudice;
2. Confusion of the issues
3. Misleading the jury
4. By considerations of undue delay,
5. Waste of time
6. Needless presentation of cumulative evidence |
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Term
| Methods Used by Courts to Determine Admissibility |
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Definition
A. Frye Test or General Acceptance Test
B. Federal Rules of Evidence
C. Daubert Trilogy
D. Judicial Notice of Acceptability of a Scientific Procedure or Test
E. Legislative Recognition of “””
F. Use of Stipulations |
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Term
| Link between expert testimony and facts of the case |
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Definition
- It is critical under 702 that there be a link between the facts or data the expert has worked with and the conclusions testimony is intended to support
- Court may conclude there is too great an analytical gap; court not obligated to admit testimony just because it is given by an expert |
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Term
| When can expert testimony be used for issues that are to be decided by the jury? |
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Definition
| Where the conclusion is beyond the ken of the layman |
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Term
| When must a jury make the journey from evidence to conclusion without the aid of expert testimony? |
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Definition
| when the path of evidence to conclusion is not shrouded in the mystery of professional skill or knowledge and the conclusion determines the ultimate issue of fact in a case |
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Term
| Federal Rule of Civil Procedure 16 |
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Definition
A. F) Upon Def request, govt must permit a def to inspect and to copy the result of any physical or mental examination and of any scientific test or experiment if:
1. The item is within the govt’s possession, custody, or control;
2. The attorney for the government knows, or through due dilegence could know, that the items exists;
3. The item is material to preparing the defense or the government intends to use the item in its case-in-chief at trial
B. G) Govt must give written summary of testimony to be used under 702, 703, or 705 |
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Term
| Federal Rule of Civil Procedure 26 |
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Definition
A. A party must disclose to the other parties the identity of any witness it may use at trial to present evidence under Federal Rule of Evidence 702, 704, 705
B. Must give written report of testimony |
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Term
| Before scientific evidence can be properly admitted, the proponent of the evidence must lay a proper foundation for its admission by showing |
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Definition
- The general scientific principle and techniques involved are valid and capable of producing reliable results; and
- The person performing the test substantially performed the scientific procedures in an acceptable manner |
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Term
| Challenging admission of expert testimony |
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Definition
a. Is a particular test (or maintenance) procedure required?
b. Did the witness comply with that (or those) procedure?
c. If not, what effect does the non-compliance have on the admissibility? |
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Term
| Three Types of Experts Needed to Lay Proper Foundation |
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Definition
a. Teaching Witness
o Testifies about a theory’s or scientific instrument’s scientific validity - Does not connect the theory or instrument to the case under consideration
b. Application Witness - The witness testifies that the theory was properly applied in the particular case in question - Usually this is the witness who conducted the test or applied the theory
c. The Interpreting Witness - The witness testifies about the results and explains them to the jurors |
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Term
| The fact a person is qualified to testify as to the results of a test does not necessarily qualify that person to... |
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Definition
| testify about the reliability of test in general |
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Term
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Definition
A. To establish a predicate for admitting the test results, without reliance on statute, there should be evidence that:
1. The theory underlying the intoximeter test is valid and generally accepted as such
2. It is a reliable instrument and generally accepted as such
3. Test was administered by a qualified individual who could properly conduct the test and interpret the results; and
4. The instrument used in conducting the test was in good working condition and test was conducted in such a manner as to secure accurate results |
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Term
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Definition
A. The field of statistics includes methods for the following:
1. Collecting data
2. Analyzing data
3. Drawing inferences from data |
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Term
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Definition
1. Probability-chance of something occurring- 1 is certain probability
a. Error Rates
2. Theoretical Statistics
a. The Study of math properties of statistical procedures
3. Applied Statistics |
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Term
| Types of statistical analysis |
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Definition
1. Quality Control
2. Political Polls
3. Clinical Studies
4. Lab Research |
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Term
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Definition
1. Method of statistical inference in which some kinds of evidence or observations are used to calculate the probability that hypotheses may be true
2. Probabilities represent subjective degrees of belief rather than objective facts |
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Term
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Definition
1. Probability testimony based on empirical scientific data, rather than unsubstantiated estimates are ok
2. Court recognized need for caution in the admission and evaluation of probability testimony
3. May be within court’s discretion to caution jurors against equating the probability evidence to guilt |
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Term
| FRE 901 - Authentication of physical evidence |
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Definition
1. All physical evidence must be authenticated or indetified
a. To satisfy requirement, proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is
b. To meet admissibility threshold the government only needs to prove rational basis for concluding that an exhibit is what it is claimed to be |
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Term
| Strict showing of chain of custody is not required where |
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Definition
exhibit is nonfungible and witness identifies it
Fungible is defined as the property of an item of evidence in which individual units are capable of mutual substitution |
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Term
| How is tangible evidence authenticated? |
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Definition
Witness testimony is sufficient to authenticate it
- Unlike fungible evidence, tangible evidence is a distinct item that could be recognized from its features from someone who has seen it before |
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Term
| To establish proper chain of custody, State must show... |
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Definition
| to reasonable probability that object is in the same condition as, and not substantially different from, its condition at commencement of chain |
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Term
| In order to show proper chain of custody for admission of evidence, record must show, with regard to each link: |
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Definition
1. Receipt of items
2. Ultimate disposition of items, and
3. Safeguarding and handling of item between receipt and disposition |
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Term
| Missing link v. Weak Link |
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Definition
1. Failure to identify a link or failure to show for record of any one of the three criteria as to each link is a missing link and item is inadmissible
2. If each link and all three criteria shown, but with circumstantial evidence, the result is weak link, which is a question of credibility and weight, not admissibility |
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Term
| 1. When evidence is not readily identifiable and is susceptible to alteration by tampering or contamination, the trial court requires... |
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Definition
a more stringent foundation “entailing a chain of custody” with sufficient completeness to render it improbable that the original item has been exchanged for another or been contaminated
Trial court must consider:
a. Nature of the Evidence
b. Surrounding Circumstances
c. Custody and probability of tampering or alteration
Court must determine the evidence is substantially the same condition |
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Term
| State's burden re: tampering of evidence |
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Definition
State not required to foreclose every possibility of tampering
When no affirmative evidence of tampering or substition, a missing link in the chain does not alone require exclusion |
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Term
| State's burden re: admission of evidence |
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Definition
| State has burden of proof to gain admission of evidence and show with reasonable certainty that the evidence is the same as seized an absent of tampering or substitution |
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Term
| Common Forms of Forensic Science |
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Definition
1. Identification of Substances
2. Identification of Persons
3. Determination of Cause and Manner of Death (Pathology)
4. Identification of Psychological or Psychiatric Illness |
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Term
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Definition
1. Pattern of friction ridges contain rows of sweat pores that allow seat or oil to exit from the glands
2. Sweat mixed with other body oils and dirt produces fingerprints on smooth surfaces
3. Latent Print- when recording of those characteristics is left upon object
4. Patent Print- when this impression is visible to the naked eye |
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Term
| Scientific Basis for Fingerprint ID |
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Definition
Fingerprints are permanent and individually unique
- Age can't be determined
- Aggregate error rate of 0.8 |
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Term
| Comparison of fingerprints |
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Definition
o By examining ridge characteristics of two different impression to determine if they occupy the same relevant position and area
o ID’s are effected by:
taking into consideration the similarity of the characteristics,
# of Characteristics
Unit relationship of the characteristics to each other
o Is a Specific Number of Points needed for ID?
No valid scientific or legal basis for requiring minimum # of matching points
Conclusions based on a series of observations involving a thorough exam of minute ridge detail |
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Term
| To warrant conviction solely on fingerprint at scene... |
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Definition
| must prove that could have only been impressed at the time when the crime was committed |
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Term
| Polygraph sensors usually record.. |
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Definition
a. Person’s breathing rate
b. Person’s pulse rate
c. Person’s blood pressure
d. Person’s electrodermal rate is measured (Sweat) |
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Term
| Challenges to polygraph technique |
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Definition
a. Examiner Incompetence and Lack of Integrity
b. Examiner Shopping
c. Certain Personality Types can Defeat Test
d. Use of Drugs as Countermeasure
e. Physical Countermeasures |
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Term
| Admissibility of polygraph results in GA |
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Definition
| Polygraph results inadmissible in GA unless both parties stipulate |
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Term
| For post-hypnotic testimony, court should consider these factors (not exclusive): |
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Definition
a. Whether hypnosis was to refresh memory of accident or crime or whether it was conducted as part of therapy
b. Whether witness received any suggestion from hypnotist or others during or prior to hypnosis
c. Presence or absence or record which could help ascertain if suggestive measures were used
d. Whether hypnotist was properly qualified
e. Whether corrobating evidence exists to support reliability of hypnotically-refreshed memories
f. The degree of subject’s hypnotizability
g. Any expert evidence offered by parties as to the reliability of procedures used in case |
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Term
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Definition
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Term
| Human Hair Classification (not DNA) |
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Definition
1. Class evidence
2. Can be classified as to race through consistency under microscope
3. Can determine whether it was forcibly removed, damaged by burning or crushing, or artificially treated by dye or bleach |
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Term
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Definition
1. Compare with dental records
2. A single tooth can be used if it contains unique features, no minimum number required |
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Term
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Definition
1. Blood type is a class based on presence or absence of inherited antigenic substances on the surface of red blood cells
2. 29 types now recognized
3. Adult has 4-6 liters in body
a. Red blood cells- contain hemoglobin, a protein that binds oxygen; RBC’s transport oxygen and remove CO2
b. White Blood Cells- fight infection
c. Platelets- help blood clot
d. Plasma- contains salts and various kinds of proteins
4. A, B, AB, or O |
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Term
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Definition
1. Iris so unique no two are alike—400 distinguishing characteristics
2. Retinal scan id is based on the blood vessel pattern found on the back of the retina |
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Term
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Definition
1. First you must make sure recording of unknown voice is sufficient to work with
2. An electron beam is swept across a screen horizontally at a known rate
3. An input signal is used to the change the position of the beam in the Y direction
4. The trace left behind can be used to measure voltage of input signal and the duration or frequency can be read of the X axis |
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Term
| Forensic science is generally recognized as involving three areas |
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Definition
1. Identification - derived from conventional science; goal to identify and quantify substances
2. Individualization - seeks to associate an item of evidence with its unique source
3. Reconstruction |
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Term
| Three methods commonly used to generate DNA profiles |
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Definition
1. Restriction Fragmentation Length Polymorphism
2. Amplification Method: Polymerase Chain Reaction
3. Short Tandem Repeats Test |
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Term
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Definition
a. Examine case materials
b. Examine chain of custody and analyst background
c. Scrutinize Lab Procedures
d. Analyze laxity of standards used
e. Re-run raw data
f. Identify artifacts-i.e. spurious test results that are caused by the test itself rather than being a true indication of DNA type
g. Look for indications of contamination
h. Consider plausible alternative interpretations
i. Review the pertinent scientific literature
j. Preparation and Research |
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Term
| Four kinds of nucleotide bases in DNA |
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Definition
a. Adenine (A)
b. Guanine (G)
c. Cytosine (C)
Bases will only fit together in certain pairs (A-T and C-G)
d. Thymine (T) |
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Term
| DNA testing reveal two pieces of evidence: |
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Definition
a. Does the DNA profile in one sample match the DNA profile found in a second sample?
b. If there a match between the two samples, what is the statistical likelihood that another person could possess same DNA profile |
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Term
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Definition
o Used to estimate the chance of finding a given STR profile within a population by multiplying the frequency of each of the genotypes (combo of alleles) found at all loci in the STR profile
o To estimate a chance of finding a given str profile within a population we must first find all 13 loci
Once located, predefined %’s assigned to each, according to probability of being in pop.
Then multiplies together
Take inverse of the product to get probability
o DNA probabilities use an inverse number to provide estimate that someone other than the defendant providing the matching DNA could have provided that sample
Ex- instead of 99% match, must say there is only a 1% chance its someone else |
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Term
| Hardy-Weinberg Equilibrium |
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Definition
a. A fundamental concept in population genetics
b. It is a math equation describing the distribution and expression of alleles (forms of a gene) in a population, and it expresses the conditions under which allele frequencies are expected to change |
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Term
| Once a DNA match is declared, how is its significance determined? |
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Definition
By statistical analysis, applying theories of population genetics:
o Population geneticist determines the frequency with which a specific allele occurs within a given human racial group
o W/ common allele the frequency of occurrences in population is large |
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Term
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Definition
| Probability that a random (unrelated) sample from the population has same DNA profile |
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Term
| Use of computer exhibits in accident reconstruction |
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Definition
1. If used to explain an experts testimony , just another chalkboard.
2. If offered on it's own merits, implicates 702
3. 702 applies to use of computer simulations and other recreations |
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Term
| Yaw Marks (Accident reconstruction) |
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Definition
1. Different from skid marks
2. Created when the vehicle is traveling at an angle different than the
direction it is facing (slip angle)
3. Alignment of dark bands within the mark diff from skid marks
4. Aligned at an angle to the direction of travel for yaw marks
a. Parallel to the direction of travel for skid marks |
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Term
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Definition
1. Is the computer functioning properly?
2. Is the input data complete and accurate?
3. Is the program generally accepted by the appropriate community of scientists?
4. Video can be offered to show certain principles, but lack of similarity goes to weight not admissibility. |
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Term
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Definition
1. To be guilty, one only needs to exceed the designated speed limit
2. Greater speeds by specified increment affect only the punishment are
therefore not material allegations to prove the crime of speeding
3. Opinion testimony of eyewitness maybe used to establish speed, its
credibility being for the fact finder to determine
4. “an officer’s estimate of speed is sufficient to support a conviction on a
speeding violation” |
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Term
| VASCAR (Visual Average Speed Computer and Recorder) |
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Definition
| 1. Computes speed from two variable – distance/time |
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Term
| Restrictions on speeding devices |
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Definition
1. County or Municipal LEO using speed detection within 300 ft of a
reduction of a speed limit inside a municipality or within 600 feet of a
reduction of speed limit outside an incorporated municipality
2. Grade in excess of 7%
3. Must erect signs 24 x 30 inches to warn speed detection
devices are being employed
4. Does not mandate exclusion of evidence if incomplete
compliance |
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Term
| Rules for authenticating a speed detecting device |
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Definition
1. Evidence of speed from speed detection device that has been
approved by DPS shall be considered scientifically acceptable and
reliable as a speed detection device
2. Copy of approved models shall be self authenticating |
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Term
| Lab reports (Alcohol context) |
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Definition
| Count as testimonial hearsay |
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Term
| Commonly used techniques for ID of biological material |
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Definition
a. Visual Inspection of Crime Scene
b. Examination with ALS (Alternate Light Source) or UV light
c. Examination with oblique lighting, such as the use of flashlight held at a 45 degree angle
d. Chemical presumptive testing |
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Term
| Collection of biological evidence |
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Definition
a. Dry items- paper bags, porous containers to allow airflow, reducing damage to DNA
b. Wet- allow to air dry prior or put in plastic containers and air dry ASAP |
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Term
| Factors that promote DNA degradation |
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Definition
a. UV rays
b. Heat, humidity, and moisture
c. Bacteria and fungi
d. Acids or chemical cleaning solution (bleach) |
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Term
| Under GA law, a person is insane and shall not be guilty, if at the time of the act, omission, or negligence constituting the crime: |
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Definition
the person did not have the mental capacity to distinguish between right and wrong in relation to the criminal act; or
b. acted because of a delusional compulsion which overmastered his will to resist committed the crime
o Must be evidence DEF was laboring delusion
o Act was connected with delusion
o Delusion would justify the act
c. GA presumes everyone of sound mind and discretion |
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Term
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Definition
a. Creates a presumption of sanity, unless the defense proved:
o “at the time committing the act, the accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or, if he did know it, that he did not know what he was doing was wrong”
b. Still standard in almost half the states |
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Term
|
Definition
1. Having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life
a. Shall not include a mental state manifested only by repeated unlawful or unsocial conduct |
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Term
|
Definition
| 1. Means having a significantly subaverage general intellectual functioning resulting in or associated with impairments in adaptive behavior which manifested during the developmental period |
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Term
| Def may not be put trial unless he: |
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Definition
“has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding as well as a factual understanding of the proceedings against him”
b. State presumes competency and burden is on def by a preponderance |
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Term
| Standard of competency to stand trial is whether: |
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Definition
| Def is capable of understanding the nature and object of the proceedings and is capable of assisting his or her attorney with his or her defense |
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Term
| Rules regarding competency to stand trial |
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Definition
Unconstitutional for a mentally incompetent person to be subjected to trial, regardless of whether pro se or represented by counsel
Standard of mental competency is the same as to waive counsel |
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Term
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Definition
a. Provides for special jury trial (civil proceeding) on question of competence whenever a plea is filed that DEF is incompetent
b. When no plea entered, trail court still bears duty to inquire if it appears in question |
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Term
| Is a defendant entitled to have atty testify as to defendant's ability to assist in his defense? |
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Definition
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Term
| Battered Women's Syndrome |
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Definition
1. Evidentiary Support for Justification NOT own defense
2. May be used for establishing
a. Reasonable fear of the wife in connection with a claim of self defense
b. General character for violence of the husband |
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Term
| Five elements common to child sex abuse victims |
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Definition
1. Secrecy
2. Helplessness
3. Entrapment and Accomodation
4. Delayed Reporting
5. Conflicted disclosure information |
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Term
| Is diagnosis of PTSD evidence of sex abuse? |
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Definition
| No, admission of expert testimony of a diagnosis of PTSD for the purpose of proving sex abuse fails to pass the Daubert threshold test of scientific reliability |
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Term
|
Definition
Drops created or formed by the force of gravity acting alone
a. Can be further subdivided to include:
o Drops
o Drip Patterns
o Pools
o Clots |
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Term
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Definition
| Created when a wet, bloody surface comes in contact with a secondary surface |
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Term
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Definition
Created when a blood source receives a blow or force resulting in the random dispersion of smaller drops of blood
a. *Impact Splatter
b. Low Velocity
o Larger 4mm stains, gravitational pull 5 ft/sec
c. Medium Velocity
o 1 to 4 mm, 5-25 ft/sec
d. High Velocity
o 1mm and small, 100 feet/sec, mist like appearance |
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Term
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Definition
| Blood spatter cast off a weapon; tends to be oval or ellitpical |
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Term
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Definition
| Like a water pistol; start a low pressure then increases and decreases |
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Term
| To say that two bullets are from the same gun |
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Definition
| the land impressions must match both in number and on the angle of twist |
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Term
| Walk and turn & one-leg stand tests re: Harper |
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Definition
| Not subjected to requirements of Harper |
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Term
Horizontal Gaze Nystagmus test rules
(What a fancy way of saying moving a finger in front of someone's eyes) |
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Definition
1. No expert testimony required but for results to be admissible but
2. State must establish the administrator substantially performed
the test in an acceptable manner |
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Term
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Definition
1. Urine - least expensive, can detect within the past week
2. Blood - Most accurate, most expensive, most intrusive
3. Breath
4. Saliva |
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Term
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Definition
1. Do not directly measure blood
2. Estimate BAC indirectly by measuring amount of alcohol in
breath
3. Detect ethyl alcohol found in alcoholic beverages
4. False results caused from cell phones, police radios, moisture, dirt, etc |
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Term
| Challenging Intoxilyzer rules. |
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Definition
1. Right to introduce evidence of error or circumstances that cause malfunction of machine
2. Can move to suppress or object at time of offering.
3. Only a nurse or qualified profession can draw blood for a test
4. Refusal to take the test can be used against the defendant. |
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Term
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Definition
| A subspecialty of medicine that studies the causes of human death |
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Term
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Definition
1. Almost always appointed
2. Must have a medicine degree and licensed to practice medicine
3. ETC (harder to be ME than coroner) |
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Term
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Definition
1. Part of older system traced back to England
2. OCGA 45-16-1
a. Elected and removed as clerks of superior courts
b. Holds office four years
c. Doesn’t take much qualification wise (HS diploma)
3. Must take training course every year |
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Term
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Definition
1. Exam and dissection of a dead body to determine cause of death or changes produced by disease
2. Death Certificate- when properly completed serves a prima facie evidence of both the death itself and the cause of death
3. Any other conclusions, such as those regarding the events leading up to the death or whether caue of death was intentional or accidental, are not admissible |
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Term
| Five determinations of death |
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Definition
a. Homicide- caused by another person
b. Natural- death from diseases or medical conditions
c. Accidental- unintended death
d. Suicide- a death that intentionally self-inflicted
e. Undetermined- there is little or no evidence to establish |
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Term
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Definition
The injury itself constituted the sole proximate cause of death; or that
The injury directly and materially contributed to the happening of a subsequent accruing immediate cause of the death; or that
The injury material accelerated the death, although proximately occasioned by a pre-existing cause |
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Term
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Definition
| Study of toxic substances |
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Term
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Definition
1. Drugs with high potential for abuse and addiction and no
medical value
2. LSD, X, Weed |
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Term
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Definition
1. High potential for abuse, some medicinal value
2. PCP, Cocaine |
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Term
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Definition
1. Less potential for abuse, currently acceptable for medical use
2. Codeine, steroids |
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Term
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Definition
1. Low potential for abuse, acceptable for medical use
2. Valium, Xanax |
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Term
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Definition
Lowest potential dependency
Opiates w/ non narcotic ingredients |
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Term
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Definition
1. 10mL of blood in airtight container
2. 2 consecutive urine samples
3. Hair Samples
4. Screening
5. Confirmation |
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Term
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Definition
1. Marquis Test - purple in the presence of heroine, brown in the presence of meth
2. Scott Test- 3 solutions
turns blue-pink-blue with cocaine
3. Duquenois-Levine- test for marijuana - Turns purple |
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Term
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Definition
a. Identifies drug by using chemicals that react to produce
characteristic crystals |
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Term
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Definition
Absorbed through the stomach and intestine and to blood stream
a. Once absorbed, alcohol is:
o Oxidized- in liver and turned to acid
o Excreted- by breath, perspiration, and kidneys—turned
into carbon dioxide and water |
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Term
| Tests for Measuring Alcohol by Breath |
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Definition
1. Infra-red test
2. Fuel Cell test |
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Term
| Infra red breath test (Toxicology) |
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Definition
Uses the principle that infrared light is absorbed when
shined on alcohol
o Light passes through a chamber where it will interact
with the alcohol and cause the light density to decrease |
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Term
| Fuel Cell breath test (toxicology) |
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Definition
Converts a fuel and oxidant into an electric current
o Generates a current proportional to the quantity of
alcohol present in the breath |
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