Question 1

In considering the use of results of blood, urine, and breath tests to determine intoxication, and comments by the prosecutor concerning a defendant's refusal to take the test, the United States Supreme Court has determined that:

Accepted Answer

A)   requiring the taking of such tests does not violate self-incrimination rights, but comments by the prosecutor on the failure to take the test violate self-incrimination rights.
B)   the extraction of blood samples for such tests does not violate the self-incrimination rights of the person but does violate the right to counsel protection.
C)   a state statute allowing the introduction of evidence of refusal to take the test violates self-incrimination provisions.
D)   neither the extraction of blood samples for blood-alcohol tests nor comments by the prosecutor on refusal to take the test violates self-incrimination protections. D

Question 2

Has any court approved the use of neutron activation analysis as a means of detecting the presence of certain chemical elements? Are there any dangers in using this method? Explain.

Accepted Answer

Yes, neutron activation analysis has been approved for use in court cases as a means of detecting the presence of certain chemical elements. This method has been used in forensic science to analyze evidence such as gunshot residue, hair, and soil samples. It has also been used in environmental studies to detect pollutants and in archaeology to analyze artifacts.

However, there are potential dangers in using neutron activation analysis. The process involves exposing samples to neutron radiation, which can be hazardous to human health if not properly controlled. Additionally, the process can produce radioactive waste that must be carefully managed and disposed of. Therefore, it is important for laboratories and researchers to follow strict safety protocols and regulations when using neutron activation analysis.

In conclusion, while neutron activation analysis has been approved for use in court cases and has various applications in scientific research, it is important to be aware of the potential dangers associated with this method and to take appropriate safety measures.

Question 3

In the case of Commonwealth v. Gaynor, a jury convicted the defendant of rape and murder of four women over a period of time. Investigators saved human material from the private areas of the women that experts much later tested for DNA markers related to identity. His attack on the DNA evidence consisted of arguing that the company that conducted the tests could not distinguish DNA from separate sources, and he challenged the way the tests were conducted. Additionally, he questioned the company's math and suggested their use of a genetic database as being inadequate. How did the court rule on the various challenges? The DNA case challenges seem to go more to the mechanics of the testing than to questioning the scientific validity of DNA.

Accepted Answer

In the case of Commonwealth v. Gaynor, the defendant, Alfred Gaynor, was convicted of the rape and murder of four women. The DNA evidence played a crucial role in linking him to the crimes. When Gaynor challenged the DNA evidence, his arguments focused on the technical aspects of the DNA testing process rather than disputing the underlying scientific validity of DNA evidence itself.

Gaynor's attack on the DNA evidence included questioning the ability of the testing company to distinguish DNA from separate sources, the methodology of the tests, the mathematical calculations used, and the adequacy of the genetic database employed in the analysis.

The court's ruling on these challenges would have considered the admissibility of the DNA evidence under the relevant legal standards, which typically involve an assessment of whether the testing methods are generally accepted in the scientific community, whether the laboratory conducting the tests adheres to proper protocols, and whether the evidence is relevant and reliable.

While the specifics of the court's ruling on each of Gaynor's challenges are not provided in the question, courts generally look for the following when evaluating such challenges:

1. **Validation of the Testing Method**: The court would assess whether the DNA testing methods used are scientifically valid and accepted by the forensic community.

2. **Laboratory Procedures**: The court would examine if the laboratory followed standardized procedures and whether the tests were conducted by qualified personnel.

3. **Chain of Custody**: The court would ensure that the evidence was properly collected, stored, and analyzed without contamination or tampering.

4. **Statistical Analysis**: The court would review the statistical methods used to calculate the likelihood of a DNA match to ensure they are appropriate and scientifically sound.

5. **Database Adequacy**: The court would consider whether the genetic database used for comparison was sufficiently large and representative to support the conclusions drawn from the DNA evidence.

If the court found that the DNA evidence met the necessary standards for admissibility, it would likely reject Gaynor's challenges and allow the evidence to be presented to the jury. The jury would then weigh the DNA evidence along with all other evidence in the case to reach a verdict.

In the end, the court's role is to ensure that the evidence presented is fair and reliable, and it is up to the jury to determine the weight and credibility of that evidence in the context of the entire case.

Question 4

Evidence that is the result of examinations and tests conducted in or out of court:

Accepted Answer

A)   is not reliable and therefore not admissible.
B)   is of little value unless it is accompanied by oral testimony.
C)   is not very convincing evidence.
D)   makes up the greater part of evidence presented in criminal cases.

Question 5

What are the reasons and rationales that many courts offer for declining to allow evidence of polygraph examinations as proof in criminal trials?

Accepted Answer

The answer of What are the reasons and rationales that...

Question 6

In the Supreme Court case Maryland v. King (2013), involving the collection of DNA from arrestees:

Accepted Answer

A)   the high court ruled that taking a sample from a felony arrestee for inclusion in a national database did not offend the Constitution and would produce evidence that could be admissible against the donor.
B)   the high court ruled that such evidence taken from a donor could be used for inclusion within the database for identification purposes but was not admissible in evidence at criminal trials.
C)   the Supreme Court of the United States determined that warrants were required for individuals in custody before a DNA sample could be obtained.
D)   police are permitted to restrain an individual against his will and draw blood for a DNA sample even without a warrant.

Question 7

The courts have established rules concerning the admissibility of novel scientific evidence. In interpreting the Federal Rules of Evidence, the United States Supreme Court has:

Accepted Answer

A)   adopted the Frye test, which states that there must be proof that the scientific tests have been "generally accepted" as reliable in the relevant scientific community.
B)   sanctioned the abandonment of standards for the admission of expert opinion for the admission of scientific evidence.
C)   established a list of factors to guide lower courts in assessing the reliability of scientific evidence and made these tests absolute.
D)   held that the admissibility of expert testimony concerning novel scientific evidence no longer is limited solely to knowledge or evidence "generally accepted" as reliable in the relevant scientific community and emphasized that the inquiry in determining the reliability of scientific evidence is a flexible one, focusing on the principles and methodology proffered as evidence rather than the conclusions they generate.

Question 8

In jurisdictions in which the results of polygraph examinations are inadmissible in court,

Accepted Answer

A)   police still use the polygraph during investigations and as a tool to encourage admissions and confessions.
B)   police are prohibited from using the polygraph during investigations in attempts to gather evidence regarding admissions and confessions.
C)   police are prohibited from using the polygraph because of its inherent unreliability for any purpose.
D)   police may use a polygraph to gather evidence so long as they clearly state to the subject that the evidence will never be used court against the individual.

Question 9

In People v. Wilkinson, the defendant wanted to prove that polygraph evidence was reliable and should be introducible in California state courts. The Supreme Court of California determined:

Accepted Answer

A)   that given a proper foundation, polygraph evidence should be admissible.
B)   that it could not be admitted due to the complete unreliability of the concept behind the polygraph machine.
C)   there was not legal right to introduce polygraph evidence because the legislature had determined that the evidence was not generally admissible.
D)   that the polygraph could not be used in court since its use would invade the province or function of the jury.

Question 10

Blood tests often serve the useful purpose of identification in criminal cases. In considering the admissibility of such tests, it is generally agreed that:

Accepted Answer

A)   the trial court has wide latitude in ruling on the admissibility of the results of a blood grouping test.
B)   it is error for a judge to allow evidence that the defendant was a member of a class consisting of a percentage of the male population.
C)   it is improper to use blood comparison evidence to show that the blood types of the defendant and the victim were different.
D)   while whole blood may be used for comparison purposes, the results of typing of aged, dried blood stains is inadmissible.

Question 11

Several courts have considered the use of the horizontal gaze nystagmus test (HGN) to estimate the level of alcohol in the blood. The decisions indicate that:

Accepted Answer

A)   these tests are of no value in determining blood-alcohol content.
B)   because the tests are of a scientific nature, officers are not qualified to testify concerning the use of such tests.
C)   some courts have held that the HGN tests satisfy the tests for reliability and may be admitted in evidence as a factor in establishing probable cause to arrest for driving under the influence.
D)   ingestion of alcohol has no bearing on eye movement.

Question 12

Testimony relating to fingerprint comparisons:

Accepted Answer

A)   is not admissible unless the defendant is given the Miranda warnings.
B)   is admissible for purposes of comparing prints with records on file but not for purposes of comparison with fingerprints left at the scene of a crime.
C)   is not admissible because the judge cannot take judicial notice of the fact that fingerprint identification is one of the surest methods of identification.
D)   is admissible in establishing the identification of the accused if the person giving the testimony qualifies as a fingerprint expert.

Question 13

Is testimony regarding fingerprint comparisons for identification purposes authorized in a criminal case? How can one qualify as a fingerprint expert? Are the police required to take fingerprints at the scene of a crime? Must the officer give the Miranda warnings before taking fingerprints?

Accepted Answer

The answer of Is testimony regarding fingerprint comparisons for identification...

Question 14

In People v. Wilkinson, the defendant wanted to be permitted to present evidence that the polygraph should be admissible in California criminal trials. She wanted to be able to prove that the polygraph was a reliable concept. Why did the court refuse to permit her to offer proof in support of the admissibility of polygraph examinations?

Accepted Answer

The answer of In People v. Wilkinson, the defendant wanted...

Question 15

In City of Cleveland Heights v. Katz, a police officer observed a vehicle driven by Katz traveling at an elevated level of speed, and managed to clock him with a radar unit. A municipal court convicted Katz of speeding and he appealed, contending that the radar gun and the instruments used to calibrate the radar gun had not been shown to have been properly tested. The appellate court:

Accepted Answer

A)   held that the equipment had been shown to be in good order, and it had been sufficiently calibrated to be capable of accurately detecting speed so that the conviction was affirmed.
B)   held that the radar gun, once tested at the factory for accuracy, gives presumptively good evidence provided it receives the correct voltage.
C)   reversed the conviction because the municipal police department did not prove that the equipment that tested the tuning forks had been properly calibrated at the appropriate time.
D)   courts may not take judicial notice of the reliability of scientific testing equipment, so that the municipal court could notice that the testing of the radar gun had been done appropriately and it upheld the conviction.

Question 16

In City of Cleveland Heights v. Katz, among other allegations, the defendant contended that the tools used to test the calibration of the radar gun in question must themselves have been proven to be in proper operating order before they could be used to determine the accuracy of the radar gun. The reviewing court:

Accepted Answer

A)   stated that the on-board diagnostics that served as the "built-in" testing protocols were sufficient to allow the evidence of the defendant's speeding to be admitted and that external tests were redundant.
B)   ruled that in order to prove that a radar unit was working properly, external test equipment must be shown to be in proper working order and the reviewing court reversed the defendant's conviction.
C)   upheld defendant Katz's speeding conviction by stating that these kinds of tools have been in wide use for a long time, that police know how to use them, and that too much time has elapsed for their accuracy to be questioned by motorists.
D)   held that the external secondary testing equipment used to evaluate the accuracy of a radar speed detection machine did not have to have any certification from the manufacturer concerning the reliability of the test equipment.

Question 17

How does one qualify as a witness to testify about the results of ballistics experiments? Give examples of some of the subjects of ballistics expert testimony.

Accepted Answer

The answer of How does one qualify as a witness...

Question 18

The courts have held that the results of neutron activation analysis:

Accepted Answer

A)   cannot accurately detect the presence and amount of certain chemical elements.
B)   are admissible if other safeguards are observed.
C)   may be used in civil cases but not criminal cases.
D)   are not valid unless there is a substantially large amount of material to be analyzed.

Question 19

Describe the deoxyribonucleic acid

Accepted Answer

The answer of Describe the deoxyribonucleic acid...

Question 20

What constitutional provisions are usually referred to when challenging examinations of the body for such things as traces of blood, bruises, and marks?

Accepted Answer

The answer of What constitutional provisions are usually referred to...

Exam 13: Results of Examinations and Tests