The societal implication of the influence and prevalence of firearms in American society has affected the development of forensic sciences in the legal system. For over one hundred years, ballistics has played a prominent role in the courtroom. That is not to say that the topic of ballistics has gone unscathed or unchallenged in its history as a forensic technique. Although significant weight is put on the use of firearms, the topic of firearms as a whole has impacted the legal system just as much as any other technological advancement. Law has continuously been created and changed in order to parallel the development of firearm technology. As this technology advanced, law, through forensic ballistics, has attempted to quantify and identify the details of fired projectiles. Forensic sciences and firearm technology have competed in a constant battle to "corner the market" on the control of the influence of ballistics.
To understand the role and development of forensic ballistics in modern legal proceedings, this essay will examine the myriad of elements which in combination, create the whole that is forensic ballistics. Firstly, this essay will examine the historical development of forensic ballistics by examining multiple definitions of ballistics, by examining aspects of firearms and ballistic analysis, by discussing techniques used in ballistic identification and analysis, by discussing methods used to circumvent the evidence produced by ballistic analysis, and by examining a major case in which ballistic evidence was used in relation to the previous topics mentioned. Finally, this essay will produce a critical assessment of ballistics by examining and responding to modern court rulings, acknowledging mod...
... middle of paper ...
...n College Dictionary, through Google.com. 2014.
Simon, James. "Ballistics Information in Gunshot Wounds." Western Journal of Medicine. Volume 135. Issue 1. (1981): 69. US National Library of Medicine. Web. 1 April 2014.
Steele, Lisa, and Drogin, Erik York. Science for Lawyers. United States: American Bar Association, 2008. Print.
Wiard, Seth. "Application of Ballistics in Legal Cases." American Journal of Police Science. Volume 2. (1931): 174-178. HeinOnline. Web. 26 March 2014.
Wiard, Seth Captain. "Ballistics as Applied to Police Science." American Journal of Police Science. Volume 1. (1930): 538-541. HeinOnline. Web. 26 March 2014.
Wilson, Charles. "Two New instruments for the Measurement of "Class" Characteristics of Fired Bullets." American Institute of Criminal Law and Criminology. Volume 27. (1936-37): 97-107. HeinOnline. Web. 26 March 2014.
Mr. Cockburn concluded that the evidence presented in this case was misinterpret and misapprehend, the leading investigation was “unscientific and slipshod” which lead to the sentence of Edward splatt. Many questions were raised, whether police officers should collect trace elements from the crime scene? The involvemet of police officers collecting samples rather than scientific experts which could lead to wrong and misleading evidence? The scientific procedure undertaking in this investigation. And these collected samples collected from officers and tested would lead to unvaluable piece of evidence.After Edward splatt conviction, anattorney- general by the name of Mr Griffin keeped a close eye on the case and examined the moran report and
In this position paper I have chosen Bloodsworth v. State ~ 76 Md.App. 23, 543 A.2d 382 case to discuss on whether or not the forensic evidence that was submitted for this case should have been admissible or not. To understand whether or not the evidence should be admissible or not we first have to know what the case is about.
When the first responder got to the scene he adimatately meet the 911 caller, who lead him to a car in an apartment parking lot. The car doors were closed and all of the windows were fogged. The police officer used his flashlight to see inside of the car before opening the door. He found a young African American woman who had been shot several times. The officers quickly called for backup, investigators and medical personnel. While awaiting for their arrival he secured the crime scene with caution tape, creating an initial perimeter setup as discussed in lecture two. Once everyone arrived he left it to them to search the car while he talked to the 911 caller, witnesses and others who had information on who had been present in the car. The investigators were able to collect physical evidence of bullets and cartage casings that were found outside the vehicle and inside the vehicle on the floorboard of the driver’s side. The team determined the bullets came from a 40 caliber. Other types of physical evidence that were found on the scene were the bloody clothing on the victim, the victim’s cell phone and fibers in the car from the driver’s side. personnel at the scene crime took several photographs, powered test for finger prints and did a blood spatter analysis. Stewart’s autopsy revealed that she had been shot at close range in the left hand once and in the
Therefore, the criminal justice system relies on other nonscientific means that are not accepted or clear. Many of forensic methods have implemented in research when looking for evidence, but the methods that are not scientific and have little or anything to do with science. The result of false evidence by other means leads to false testimony by a forensic analyst. Another issue with forensic errors is that it is a challenge to find a defense expert (Giannelli, 2011). Defense experts are required to help the defense attorneys defend and breakdown all of the doubts in the prosecutors scientific findings in criminal cases. Scientific information is integral in a criminal prosecution, and a defense attorney needs to have an expert to assist he/she in discrediting the prosecution (Giannelli,
As far back as 1832, James Marsh was the first to use forensics at trial to give evidence as a chemist in 1832. Since that time forensic science and evidence has come a long way in various ways and technology to help in determine if the suspect is guilt or not, through such things as DNA testing, blood, and fingerprints. The first forensic police crime lab was created in 1910. The contributions of Dr. Edmond Locard, a French scientist and criminologist, proposed that “everything leaves a trace”. This principle is still valid today as it was so many years ago. No matter how small, the specialized trained technicians and investigators can take these methods and go to a crime scene to get evidence. “Forensic science is the application of sciences such as physics, chemistry, biology, computer science and engineering to matters of law.” (Office of Justice, 2017) These different sciences can help achieve and assist in solving a case. Forensic science has also the ability to prove that a crime was committed, it can find the elements of the crime, it can help place the suspect at the scene and whether the suspect had any contact with the victim. However, in the last several years the techniques and with the use of technology the evidence that forensic science uncovers can also exonerate an innocent individual who has been falsely accused of the
“Advance in Forensics Provide Creative Tools for Solving Crimes.” www.ctcase.org. Np. n.d. Web. 17 March 2014.
Lyman, D. Michael; Criminal Investigation, The Art and Science; 3rd edition, 2002 Prentice Hall. Pgs. 188-200.
This Crime was one of the first to use 3d imaging ballistic trajectory tracking as a primary source of evidence used in court. I chose this case despite it being an American case because of its revolution in 3D Imaging and ballistics trajectory which sparked an interest and was briefly mentioned in my speak out.
Forensic Science, recognized as Forensics, is the solicitation of science to law to understand evidences for crime investigation. Forensic scientists are investigators that collect evidences at the crime scene and analyse it uses technology to reveal scientific evidence in a range of fields. Physical evidence are included things that can be seen, whether with the naked eye or through the use of magnification or other analytical tools. Some of this evidence is categorized as impression evidence2.In this report I’ll determine the areas of forensic science that are relevant to particular investigation and setting out in what method the forensic science procedures I have recognized that would be useful for the particular crime scene.
The collection, custody and preservation of forensic evidence is a vital aspect of evidence integrity, without proper adherence to these procedures, crucial evidence that could potentially have great impact on a court case could be rendered useless. In the case of criminal proceedings, a skilled defence lawyer will look to scrutinise every step taken by forensic practitioners’ involved within the case in regards to the continuity of the evidence, in doing this they attempt to undermine the practitioner’s ability to properly carry out strict evidence collection, protection and preservation procedures and also look to find fault in the techniques they used to carry out these procedures.
In 1784, someone using a flintlock pistol shot Edward Culshaw. In those days, there were no bullets, as we know them. Gunpowder and a ball of lead were put into the gun’s muzzle and packed with paper wadding. A spark made when the gun’s hammer struck some flint at the back end of the barrel ignited the powder. When the constable examined Culshaw’s wound, he found a piece of newspaper used as wadding to pack the powder in the killer’s gun. The prime suspect in the killing was a man named John Toms. When a piece of newspaper found in Toms’ pocket was compared with the piece found in the wound, the pieces fit together like two pieces of a jigsaw puzzle. Based on the evidence, Toms was easily convicted. The Toms case was probably the first in America in which ballistics was used to solve a crime.
In today’s time, modern Crime Scene Investigation has increased rapidly. From throughout the late 1900’s and in the early 2000’s (Taylor 1). For all of the evidence that they find, a solid foundation has formed over the thousands of years of Crime Scene
Mishara, Brian L. "Firearms." Macmillan Encyclopedia of Death and Dying. Ed. Robert Kastenbaum. Vol. 1. New York: Macmillan Reference USA, 2002. 288-289. Gale Virtual Reference Library. Web. 3 May 2014.
Forensic evidence can provide just outcomes in criminal matters. However, it is not yet an exact science as it can be flawed. It can be misrepresented through the reliability of the evidence, through nonstandard guidelines, and through public perception. Forensic science can be dangerously faulty without focus on the ‘science’ aspect. It can at times be just matching patterns based on an individual’s interpretations. This can lead to a miscarriage of justice and forever alter a person’s life due to a perceived “grey area” (Merritt C, 2010) resulting in a loss of confidence in the reliability of forensic evidence.
Gaensslen, R. E., Harris, H A., & Lee, H. (2008). Introduction to Forensic Science and Criminalistics. New York, NY: The McGraw-Hill Companies, Inc. .