1 - 4 - Week 1 - 4 Limits of Forensic Science (10_56).txt

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In a court case, when someone's being
tried for a criminal
offence, there are actually two things
that have to be demonstrated.
It's not sufficient to demonstrate that a
criminal action was committed.
It's also necessary to demonstrate that
there
was an intention to commit the criminal
action.
If there's a body lying on the floor with a
knife sticking out of their neck, or a
bullet hole
through their head, then it's very obvious
that something bad
has been done, but it's also necessary to
determine the intention.
So in legal terms, the two things that
have to be demonstrated,
the first one is Actus Reus, a guilty
action.
The second one is Mens Rea, which
literally means the guilty mind or the
intention.
Now, forensic science is very good at
determining one of these, the Actus Reus.
Because the physical evidence, the
biological, the
chemical evidence that can be acquired at
the crime
scene, can allow you to indicate that what
has
been done and who did it, often very well.
But forensic science is not very good at
determining Mens Rea, the intention,
and that is because Mens Rea is concerned
with what is going on inside someone's
head and not in the physical world.
Here's an example.
The gentleman on the left is Mr. Dick
Cheney, the former Vice President of the
United States.
The gentleman on the right is a friend of
his, Mr. Whittington, a lawyer from the
state of Texas.
Back when Dick Cheney was Vice President,
one day he went out hunting with his
friend Whittington
in the woods in Texas, and they were
hunting quail.
So what we understand is that Dick Cheney
was going ahead through the woods, and he
saw
some movement in a bush so he turned and
he fired because he thought there were
quail there.
Unfortunately, it wasn't quail that were
causing the
movement of the bush, it was his friend
Whittington.
So he shot his friend Whittington.
Now, there was never any question that
Dick Cheney
did it, and he never tried to hide the
fact that he did it, but forensic science
would've
been very well placed to show that he did
it.
You could look at the footprints in the
ground.
You could look at the fingerprints on the
gun.
You could pull the pellets out of Mr.
Whittington, etc., etc.
And forensic science would've made a very
strong case to show that Cheney did it.
But why did Dick Cheney do it?
Was it really an accident?
Or did he have some other motive?
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It was very clear from the case that it
was a pure accident.
But if you think about the case from the
point of view
of forensic science, none of that forensic
evidence would've been able to tell
you about whether it was an accident or
not, because that is
entirely within the mind of Mr. Cheney,
and typically, this is the case.
Forensic science will tell you about Actus
Reus but
not about Mens Rea, though later we'll have
a
case study where this is not true and that
forensic science could indicate the true
intention of the criminal.
Now, we've talked about science, but what
is forensics?
Well, a very simple definition of
forensics would be to
say that it is the application of science
to law.
But actually, law is a very broad term
because it includes
civil and commercial law, where there
typically is no application of forensics.
So it may be easier to narrow it down as
the application of science to criminal
justice involving the
analysis of the physical evidence, the
chemical evidence, and
the biological evidence from the crime
scene and elsewhere.
As we've said, forensic medicine, distinct
from forensic
science, deals with crimes involving a
human body.
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Now, one thing forensic science can help
us
do is to enable us to reconstruct what
happened.
We come to a crime scene, maybe it's
someone's apartment.
Things are smashed.
There's blood on the floor.
There's marks and stains etc.
And forensic science can look at all those
marks and stains and all those signs,
all that evidence, and build a story as to
what happened to create that scene.
So here on the left, there's a crime
scene.
Here on the right is a suspect, and these
are some of the evidence that we can use.
You might find fibres from the suspect's
clothes.
You might find hair.
There's broken glass here, so you might
find blood.
There may be fingerprints, and if the
ground
is dirty, then you might find shoe prints.
Similarly, you can look at the suspect.
You might, for instance, find broken glass
from the window embedded in the suspect's
clothes.
If there's a carpet in the room, you
may find fibres from the carpet on the
suspect.
And you might find paint flakes, for
instance, in his clothes as well.
So, forensic science can help us to
reconstruct what happened and it
can also help us to link the suspect with
the crime scene.
Forensic science and also forensic
medicine can also
help us decide what is the charge involved
in the case.
In this very sad incident here, this young
lady had a baby,
but she didn't want the baby and what she
did was to dump the baby down a garbage
chute.
Of course, the body was found, the mother
was traced, and she was investigated.
You would, if you dump a baby down a
garbage chute, the baby
is likely to die and the baby was dead
when it was found.
So the charge should be a charge of
murder because essentially, she would have
killed the baby.
But of course, the body of the baby is
sent
for examination by the pathologist, and in
this case, the
pathologist was able to determine that the
baby was very premature,
and most likely, highly probably, had not
been born alive.
Therefore, this unfortunate mother had not
dumped a living baby down the
garbage chute, but had dumped a dead body
down the garbage chute.
That is still a criminal offence, but is
so much less serious than a charge of
murder.
So, here's a case where forensic medicine
has reduced the
charge from a serious one to a much lesser
one.
It can also go the other way.
This is a case from Singapore in April of
1972.
And this picture shows the railway line
that used to be linking Malaysia with
Singapore.
And in this incident, the train was coming
in from Malaysia along the line.
The driver noticed something lying on the
tracks,
but of course, trains don't stop that
easily
and this train ran over the object before
it could stop.
The driver got out, came back to
investigate and
discovered that he had run over a human
body.
Well, why would a body be on the tracks?
It's possible that it's a suicide.
It's also possible that it's a terrible
accident.
And if it's either a suicide or an
accident, then the
investigation will be wrapped up
relatively quickly and come to an end.
But a specialist in forensic medicine was
asked to come down to the
railway line, it was Chao Tzee Cheng
himself. He was asked to come down
to the railway line to examine the body,
and he noticed that the condition
of the body was not what you would expect
from a suicide or accident.
And it was particularly because of what we
call the blood spatter.
In a living body, the heart is beating,
the arteries are pressurized.
So if an artery is severed, for instance
by being run over
by a train, the blood is going to spurt
out in considerable quantity.
If the body is already dead, the heart is
not beating,
the arteries are not pressurized, so if
the arteries are severed
by the train wheels, then the blood is not
going to
spurt out and there will be much less
blood at the scene.
And Chao Tzee Cheng noticed that was the
case.
There was not enough blood at the scene to
be consistent with a living body.
So, he said this body was already dead
when it was put on the track.
Therefore, the police organized a full
investigation of the case.
Clearly what had happened is, the boy had
been
murdered and then his body had been put on
the track to make it look like a suicide
or an accident, when it was, in fact, a
murder.
The investigation indeed led to the
apprehending of the murderer
and his subsequent conviction in court.
And it turns out that this poor
boy had been murdered for the few dollars
that he had in his pocket.
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