SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE

Module-1 PROCESS OF SPECIAL CRIME INVESTIGATION

Introduction

Special investigation involves cases that are unique and often require special training to
fully understand their board significance. Domestic abuse, organized crime, hate crime,
arson, and explosion are examples of offenses that call for special investigation.
Despite their relatively low frequency compared with " standard " crimes, offenses
involving special investigations are increasing, and their impact on society is being felt
more strongly.

Learning Outcomes:

At the end of the lesson, students must have:

• discussed the obligation and duties of investigation of special crime;

• explained every area of special crime investigation; and

• listed the functions crime laboratory;

Discussion Board

Special Crime Investigation

Special Crime Investigation refers to as an investigation of cases that are unique and
often require special training to fully understand their broad significance.

Example: kidnapping, robbery, rape, carnapping, homicide, sexual offenses, suicide,

abortion and autoerotic death.

Responsibilities of Special Crime Investigators

1. Determine if the crime has been committed. In general, the responsibility for
determining whether or not a crime has been committed is easily charged. An
investigation must be familiar with the elements of common crimes in most situations.

a. The investigation should have the copies of both RPC and special laws

b. The prosecutor should be consulted.

c. If there is no crime involved or civil litigation with rare exceptions, criminal law
enforcement agencies have no responsibility.

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2. Verify jurisdiction.

If the crime is not within the investigation jurisdiction, there is no responsibility for its
investigation, but the complainant may need to be referred to the proper authority.

3. Discover all facts and collect physical evidence.

The facts available to the 1st officer to arrive at a crime scene are provided by the
victim or complainant and any eyewitness. Except in law enforcement agencies with
programs in place for managing criminal investigation, they will be communicated to
the investigator dispatched to investigate the crime.

4. Recover stolen property.

The recovery of the stolen property has significance on the parallel with the
identification of the perpetrator. The reports required, of 2nd hand dealers are of
great help to criminal investigators. They facilitate the identification of items.

5. Identify perpetrator.

The recovery of the role of 2nd hand dealers plays the recovery of the stolen
property, there is a chance in locating the offender. Example: telephone number and
place of employment, making sample of handwriting / printing available.

6. Locate and apprehend the perpetrator.

When people know the perpetrators are unwilling/unable to provide address of

whereabouts - records may provide information. If the offender is located,
apprehension is not difficult.

7. Aid in the prosecution of the perpetrator.

Result of plea bargaining; only a few cases that are investigated and solved
eventually go to trial but investigation must operate on the assumption that each will
be tried.

8. Testify effective in court.

Testimony is effective only when it is credible, knowledge of the facts and impartiality
are projected and credibility is established. In all events, it is helpful that the
investigator is familiar with the rules of evidence and the pitfalls of cross -
examinations.

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Phases of Special Crime Investigation

1. The Preliminary Investigation - an inquiry conducted to determine whether there is

sufficient ground to engender a well - founded belief that a crime has been committed
and the respondent is probably guilty thereof, and should be held for trial.

a. First exposure of criminal offense to the investigation effort

b. Vital step to the success of the investigation

c. Serves as the foundation for the case; therefore, it must be proper foundation /
the entire investigation in jeopardy

d. The outcome is governed by the passage of time.

e. Focus their efforts toward the solvability factors, actively pursuing information
relative to the 12 questions.

2. The In - Depth Investigation - a phase of criminal investigation that follows up initial

leads which develop during the preliminary investigation and opens up a new area of
inquiry.

a. The 2nd investigation of criminal offense is the follow - up on the continuing

inquiry

b. Begins with the general re - examination of all facts. The investigation must
determine if the preliminary inquiry was complete and attempt to answer the
following:

• Was the crime scene processed in a proper manner?

• If the suspect was arrested, was the arrest legally competent?
• Of the physical evidence secured, which would be examined by the crime
laboratory and what specific examinations should be requested?
• Are the identifying data, concerning victims and witnesses, correct?
• Has the 1st responder, in regard to leads or areas of inquiry not found in a formal
preliminary report?

Once the investigator is satisfied that the preliminary investigation has been conducted
in satisfactory manner, gathering of information, independent on the initial stage, begins.

The following tasks in depth inquiries:

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1. A return to the crime scene for

a. Familiarization of localities, objects, and so forth;
b. Additional thorough search for physical evidence;
c. Location of unidentified victims / witnesses who were in immediate crime scene
vicinity;
d. Verification of suspect, victim and witnesses’ statements that are associated with
physical structure of the scene.
2. The processing and coordination of reports, record and documents having some
bearing on the in and on the inquiry
a. Checking local and national agencies for arrest, records of suspect, if identified;
b. Examining the modus operandi file;
c. Examining field interview records for similar descriptions of a suspect, motor
vehicle and so forth.
3. The application of criminalistics to the case by initiating the completion of the
following:
a. Packaging and transporting physical evidence to a crime laboratory;
b. Accounting for the return of crime laboratory reports for each examination
requested. Arranging for expects criminalistics processing of the crime scene, if
necessary.
4. The gathering of investigative leads by obtaining information from the following:
a. Informants of a criminal background, paid or otherwise;
b. Merchants / other non - criminal informants who may aid in the recovery of
the stolen property;
c. A thorough neighborhood search for witnesses or those who may provide any
type of pertinent information;
d. An appeal to the public for information, by utilization for the media or other
sources.
5. The Concluding Investigation
a. The final stage which is the direct outgrowth of previous two stages
b. If the preliminary and in - depth investigation have been successful identifying,
locating and arresting suspects, certain administrative decisions concerning
and continuation of the case must be made.
c. The investigating officer works closely with the prosecuting fiscal.

Criminal case should be prepared for trial in the following manner:

1. Review the suspects ' arrest to ascertain its legality.
2. Review all suspects ' statements and admissions as to legality.
3. Review the manner in which all relevant evidence has been secured.
4. Re - examine legal requirements of victim and witnesses’ statements and
identification of the suspect.
5. Review and compile all notes, reports and documents that may be used during
the trail.

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6. Review all information secured by the use of informants and make decision about
the possibility of their use in court.
7. Review the prosecutions strategy and the nature of investigations testimony to be
used during trial.
8. Arrange for all necessary experts - witness testimony.

Significance of Reconstructing the Past The information needed to reconstruct the past
is available through the three sources :
1. People
The social beings and information on them can usually be found in the
possession of family, relatives, works or business associates and other who
share their recreational interest. They talk willingly and some will be reluctant to
disclose what they know.
2. Physical Evidence Any object of a material nature is potential evidence, The
scientific specialists, which undertake most examinations of physical evidence,
use forensic medicine, chemistry and criminalistics purpose:

Acquisition of Facts
If the materials found at the crime scene:
a. Can be linked to the location of suspect;
b. Can be used to reconstruct what happened;
c. Cause of death.
3. Records
A form of physical evidence.
a. Need not be printed or handwritten, they must be stored on film, tape or
even computer disc or hard drive.
b. Useful in criminal investigation

Elements of Managing Special Crime Investigation

1. Initial Investigation.
There is major difference between a traditional investigation effort and managing a
special crime investigation. The special crime investigator hands over the
responsibility for the investigation to the patrol officer responding to the radio call.
The aim is to have the uniformed police officer obtain all information available at the
crime scene so that his task need not to be repeated should an investigation be
assigned to continue.
2. Case Screening.
Managing special investigation utilizes the initial information when screening a case
to determine whether to close it out, as unsolvable or to recommend further
investigation.
3. Continuing Investigation.
Managing special investigation's goal is to eliminate shortcomings by establishing
administrative controls and organizing investigative resources more effectively.
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4. Police Prosecutor Relations.

Prosecutors evaluate and mark evidence before initiating criminal proceeding to
determine if the law enforcement standards for charging, indicting and convicting an
offender have been met. If they are not, the prosecutor should explain what must be
done to meet standards.

Five Essential Steps in managing special crime investigation

a. Essential consultation between executives of the agencies;
b. Increased cooperation among supervisory personnel of the agency;
c. The use of liaison officers to communicate to police personnel investigatory
techniques and evidence standards that the prosecutor requires to file a case;
d. Improved case preparation procedures, including the use of forms and checklists;
e. Develop a system of formal and informal feed back to the police on case
dispositions.
5. Investigative Monitoring System
a. Sets up to give administrators continuous feedback on the investigative process
and the quality of personnel performance. The monitoring might focus on the
percentage of cases assigned for continuing investigation and whether or not, the
interval between assignment and case closure has changed.
b. Presents difficulties not readily perceived. A basic one evolves because the
systematic assessment of quantitative data requires intellectual skills which differ
from those acquired through traditional investigation experience.

The Role of Crime Laboratory

The Crime Laboratory makes use of scientific to help police identify and prosecute
suspects and provide expert testimony in courts across the nation. Laboratories have a
number of important responsibilities that aid the criminal investigation. They include:
1. DNA Analysis. Involves examination of microscopic hereditary material found in
blood, semen, organ tissue, or even saliva from the back of a licked posted stamp.
DNA is a "genetic fingerprint" that identifies blood or semen found at the crime scene,
2. Conventional Serology.
Examines blood and of stains and to crimes body fluid to identify types origin.
Determines blood type to help link suspect
3. Firearms and Tools Mark Identification. Matches fractured items to them source;
compares marks left by tools used at a crime scene with a suspect's 'tool; Compares
firearms recovered at crime scenes with bullets, cartridge cases and other
ammunition components.
4. Data Analysis. Uses chemical test to identify illegal substances.
5. Trace Evidence Analysis. Examines gunshot residue to associate a suspect with a
shooting, identifies unknown substances and examines plastic, glass and synthetic
fibers that may have transferred to a suspect at the crime scene.

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6. Fingerprint Identification. Compares known fingerprints found at crime scenes.

identifies suspects using the Automated Fingerprint Identification System (AFIS of
PNP, NBI) a national data bank of fingerprints. Latent prints are not apparent to the
naked eyes, chemicals can be used to make it visible.
7. Document Examination. Makes altered documents readable with the use of
infrared or ultraviolet photography. Compares handwriting pen inks, writing
instrument, and typewriters associated with a crime sample from a suspect or a
victim.
8. Bloodstain Pattern Interpretation. Examines the bloodstain patterns to reconstruct
the events that occurred during the crime.
9. Toxicology. Determines whether drugs or toxic materials were present in the body;
and examines blood samples to determine whether the person was driving under the
influence of drugs or alcohol.
10. Forensic Anthropology (NG and PO 2007)
Forensic anthropology is the application of the science of physical anthropology to
legal process. The identification of skeletal, badly decomposed or otherwise
unidentified human skeletal, badly decomposed, or otherwise unidentified human
remains are important for both legal and humanitarian reasons. Forensic
anthropologists apply standard scientific techniques developed in physical
anthropology to identify remains, and to assist in the detection of crime. (American
Board of Forensic Anthropology)

Forensic anthropology is a subset of Physical Anthropology. Forensic

anthropologists specialize in the human skeleton. Physical or forensic anthropology
concerns human identification when traditional means or identification may need bones
examined by a physical anthropologist to find the answer to a question. Forensic
anthropologists examine skeletal remains to provide age, race, sex, and height of the
skeleton. Comparisons to anatomical landmarks can be made using X-rays of known
individuals. To determine the manner of death, analyzing fracture patterns enable a
forensic anthropologist to reconstruct a trauma. Scenarios requiring the skills of a
forensic anthropologist could include a skeleton that had been burned, decomposed,
mummified or dismembered. (http:www.nscu.edu)
Forensic Anthropologists are bone detectives who help police complex cases
involving unidentified humans remains, Forensic anthropologist frequently work in
conjunction with forensic pathologists, odontologists, and homicide investigators to
identify a decedent, discover evidence of foul play, and/or the post-mortem interval. In
addition to assisting in locating and recovering suspicious remains, forensic
anthropologists work to suggest the age, sex, ancestry stature and unique features if a
decedent from the skeleton.

Definition of Forensic Radiology

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Forensic Radiology is a specialized area of the medical imaging utilization radiological

techniques to assist physicians and pathologists in matters pertaining to the law.
(Victorian Institute of Forensic Medicine).
The forensics use of radiography has a long history needed within months of the
discovery X-rays by Wilhelm Roentgen in November 1895; a bullet lodged in the leg of a
gunshot victim was located using X-rays and the obtained images used in the use
radiographic images during the course of autopsy to assist them with the identification
of forensic bodies or determination of death. Over the last 20 years, radiological
techniques have become more sophisticated with the introduction of CT, MRI and
ultrasound. These newer procedures are now being applied in the forensic environment
requiring the active participation of medical imaging specialists (radiologists). (Victorian
Institute of Forensic Medicine)

Biometrics
Biometrics (ancient Greek: bios = life, metron = measure) study of automated methods
for uniquely recognizing humans based upon one more intrinsic physical or behavioral
traits (Wikipedia). Biometrics is the science of using a particular biological aspect of the
human body to recognize a person for security, attendance, or any other purposes for
which proof of identify is required. Biometrics systems gather human physiological
"signatures'" such as fingerprints, DNA, irises, retinas, voice, handwriting, or facial
recognition, hand and facial geometry and other biometric. identifiers and use them to
identify individuals. The most widely used biometric is fingerprints.

Use of biometric system is experiencing rapid growth in law enforcement banking, and
e-commerce and is having a revolutionary impact on security and the way we interact
with computers. Future advances in this field promise to make nearly all objects able to
identify, interact with and assist their users. (http://www.vsu.edu/ forensic
biometrics.html.)

Forensic Odontology

Forensic odontology is a branch of forensic medicine and, in the interest of

justice, deals with evidence in a court of law. Forensic odontology is the science of
studying human dentitions and applying the characteristics in the identification of
individuals. In order to help in the forensic investigation, a forensic odontology would
often work with a forensic pathologist or forensic anthropologist. Important applications
of forensic odontologists include bite mark analysis and positive identification of human
being.

Specialized Laboratory Equipment

1. Spectrograph is used to identify minute sample of substance by burning the material
and interpreting the light emitted from the burning process.

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2. Spectrophotometer is used to analyze coloring agents in small samples such as

those found in print and clothing.
3. Gas Chromatograph is most commonly used for isolating gases of liquids in complex
solutions or mixtures, generally in the analysis of illicit drugs and explosives.
4. Mass Spectrometer is commonly used in detection of trace elements in glass ashes
and other organic material and many others that are useful in investigation of special
crimes.

17 Principles of Crime Investigation

1. No two crimes are alike.
2. Most crimes are solved in one hour.
3. Most crimes are solved by guess work and luck.
4. The law provides elements as to what happened.
5. The mode of operation provides clues as to who did it.
6. Criminal always makes mistakes.
7. Evidence invariably makes misinterpretations.
8. People always lie to you.
9. Learn to work with others.
10. Know when to give up.
11. Public opinion is important.
12. You can never receive too much training.
13. There's never enough time.
14. The proper ethics is to put behind bars, but not by any means.
15. Think like a "native" not a criminal.
16. Document everything.
17. Establish credibility.

The Meaning of Criminal Evidence

Broadly defined, criminal evidence is any crime-related information on which an
investigation can base a decision or make a determination. It considered of supposed
facts and knowledge that relate to a particular crime or perpetrator. Evidence is the
intended product of investigation activities. Investigative activities are performed to
discover and collect evidence, Evidence is used to establish proof that a crime was
committed or that a particular person committed that crime.
Judicial evidence is admissible in court and meets the example of judicial
evidence would be a hair recovered from a suspected crime Scene where investigation
used proper legal procedures in obtaining that hair, and the hair may be related to the
crime in question. In the case just presented, the statements from the eyewitnesses
who saw Collins with the victim, the hair recovered from the underwear, and the hair
and blood found in the basement were all example of judicial evidence.
Extrajudicial evidence is any information on which an investigative decision can
be based but is not allowed in court proceedings. It is often referred to inadmissible
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evidence. A case in point the results of a search for extrajudicial evidence could be the
result of a when determining whether or not a person is guilty, a polygraph examination
is used. The crime was committed by a specified person in question at the same time, it
is frequently the argument that this "'evidence" isn't admissible a judge's permission to
enter the courtroom. It would very certainly be in violation of the rules of procedure.
Evidence can be highly useful in this regard even if it isn't admissible in some cases.
Exculpatory evidence is evidence that tends to exclude or eliminate someone
from consideration as a suspect. The perpetrator was characterized as being six feet tall
and having black hair, which would rule out a suspect who was five feet tall and had
blonde hair. Evidence that tends to implicate or indict a person as the perpetrator is
known as inculpatory evidence. A suspect's absence of an alibi, for example, could be
incriminating, as could a suspect's description matching the perpetrator's description.
During the course of an inquiry, both inculpatory and exculpatory evidence may be
discovered. The police and prosecutor are required by law to discuss not just
incriminating but also exculpatory material with the defendant's attorney throughout the
discovery process.

Real Evidence
Real evidence is also known as physical evidence, scientific evidence or forensic
evidence. Real evidence refers to tangible objects that can be held or seen and are
produced as a direct result commission of the crime. Examples of real evidence would
include blood splatters on a wall, semen recovered from the victim, and the knife used
to kill the victim. In the Michigan coed killer case, the blood and hair recovered from the
victim and the basement were types of real evidence. All real evidences that are
introduced in court must be accompanied by testimony that demonstrates compliance
with the rules of evidence.

Demonstration Evidence
Demonstrative Evidence refers to tangible objects that relate to the crimes or the
perpetrator that are produced indirectly from crime.

The Functions of Evidence

Evidence, be it testimonial, real or demonstrative, or circumstantial or direct, may serve
various purpose or function in establishing proof. In this sense, evidence can be
classified as corpus delicti evidence, corroboration evidence, cumulative evidence,
associative evidence, identification evidence, or behavioral evidence. Each function of
evidence is discussed next.

Corpus Delicti Evidence

Corpus delicti evidence refers to evidence that establishes that a crime actually
occurred. For example, a dead body with an electrical cord tied around the neck best
considered corpus delicti evidence that a homicide occurred. (Of course, the presence
of semen recovered from a victim does not indicate that a rape occurred, just as the
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absence of semen does not prove that a rape did not occur.) The fact that something is
gone from a victim's home and that no one had authority to take it establishes that a
burglary took place. The corpse, the semen, and the victim's statement all serve as
corpus delicti evidence in such cases.

Corroborative Evidence
Corroborative evidence is a evidence that is supplementary to the evidence already
available, and strengthens or confirms it. For example, suppose a suspect is captured
near a burglary scene and his fingerprints are taken. The fingerprints would back up a
witness' account of seeing the suspect fleeing the house with a television. In the
Michigan case, the eyewitness statements about seeing Collins with the victim on the
motorcycle corroborated the evidence found in the basement in establishing that Collins
killed the victim.

Cumulative Evidence
Cumulative evidence is a evidence that is supplementary to the evidence already
available, and strengthens or confirms already existing evidence. When investigators
locate five witnesses rather than just one who can offer the same incident, this is
referred to as cumulative evidence.

Associative Evidence
Associative evidence is evidence that can be used to make links between crime scenes,
victims, suspects, and tools or instruments. Evidence may also prove to be dissociative,
showing a lack of association is used to establish associations. For example, in the
Michigan case, the basement of Collin's uncles house (a crime scene) was associated
with the last victim, Karen Beineman, via the hair found at the crime scene and with the
victim. Collins was associated with Beineman through eyewitness' statements, and
many of the homicides were linked as a result of common MO. In other cases, the
suspect has been linked to the victim as a result of bite marks either caused by the
victims biting the suspect or the suspect biting the victim. As another example, tools and
the marks they leave can be linked to pry marks left on doors and windows as a result
of burglaries.

Identification Evidence
Identification evidence that leads to the identification of the perpetrator is considered
identification evidence. Fingerprints can be collected from a crime scene, and the
perpetrator can be identified using an automated computerized search. Dental evidence
can also be used to identify people who are deceased

Behavioral Evidence
Behavioral evidence provides a basis on which to identify the type of person who may
be responsible for a particular crime and considers directly the nature of the crime and
how it was committed. Behavioral evidence serves as the foundation for creating a
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psychological or geographic profile, as well as conducting linguistic analysis. Behavioral

evidence and psychological profiles are most frequently discussed in the context of
serial crimes, particularly homicides, rapes, and, to a lesser extent, arson. However,
comparable evidence could be found in other types of crimes as well. What could be
deduced from the fact that the only item missing from a home was a Sony Play station,
for example, in a burglary? The "evidence" could indicate that whoever broke into the
house was aware of the game (perhaps a neighbor or a friend), or it could indicate that
the culprit was a teetotaler.

Admissibility of Scientific or Technological Evidence (Ng and Po, 2007)

1. Admissibility of Evidence under the Philippine Rules of Court Section 3 of Rule 128
of the Philippine Rules of Court provides that evidence is admissible when it is
relevant to the issue and is not excluded by the law of these rules. There are two
important, elements for the admissibility of evidence; relevance and not excluded by
the law. The admissibility of evidence depends on its relevance and competence.
a. Relevance. Evidence in order to be admissible must be important to the
issues for the resolution of the case.
b. Competence. Evidence in order to be admissible in court should not be
excluded by the law or these rules. Evidence should not be gathered from
illegal search or Seizures; it should not be a fruit important of the poisonous
tree (Poisonous tree Doctrine)
c. Admissibility is not the same as Weight of Evidence. The admissibility of
evidence should not be equated with weight of evidence. The admissibility of
evidence depends on its relevance and competence while the weight of
evidence pertains to evidence already admitted and its tendency to convince
or persuade (Permanent Savings and Loan Bank v. Velarde, G.R. No.
140606, 23 September 2004).
2. Need for Standards or Rules of Admissibility of Scientific or Technological evidence
in American Jurisprudence.

The misuse of scientific evidence is a serious problem. Even the government

laboratories are under suspicion. For example, in West Virigina, USA, a serologist
falsified test results in hundreds of cases over a ten-year period, sentencing
hundreds of defendants to lengthy prison terms. In Texas, a pathologist faked
autopsy results, resulting in as many as 20 death penalty verdicts, A police chemist
elsewhere falsified reports and sent hundreds of innocent people away to jail on
rape charges. Most misuse of scientific evidence is pro-prosecution. (http://taculty.
ncwc.edu/toconnor/425/425lect.02ht), In American Jurisprudence, the Frye Test
Daubert Standard, and the Kumho Doctrine evolved.
3. The Frye Test

Scientific evidence is admissible if it is based on a scientific technique generally

accepted as reliable in the scientific community. (Frye v. United States, 293 F.
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1013,1014 (D.C. Cir. 1923). Expert testimony was admitted simply by virtue of the
expert's credentials, experience, skill and reputation. Any deficiencies or flaws in the
expert's conclusions would be exposed through cross examination. Applying this rule,
the Frye court refused to admit testimony based on an early lie detector (polygraph)
test reasoning that lie detector testing had not gained general scientific acceptance
or recognition at that time.
4. The Daubert Standard (Daubert v. Merrell Dow)

Daubert exposes deficient procedures, protocols, and proficiency testing. The

Supreme Court, in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579,
reaffirmed the "general acceptance" criteria used by trial judges to assess the
admissibility of expert testimony (Daubert v. Merrell Dow Pharmaceuticals, 509 U.S.
579, The United States). plaintiffs sued the defendant drug company for birth
abnormalities allegedly induced by the medicine Bendectin in this case. In response
to a petition for summary judgment, the plaintiffs offered experts to testify about the
link between Bendectin consumption and various birth abnormalities. The plaintiffs'
experts' opinions were found to be credible by the District Court. Granted the
defendant's request for summary judgment since they were not widely accepted in
their field. The Ninth Circuit Court of Appeals is a federal appeals court in the United
States.

Affirmed. The plaintiffs asserted in their appeal to the Supreme Court that the
"general acceptance" criteria laid forth in Frye v. United States, 54 App. D.C 46 degrees
Fahrenheit (293 degrees Fahrenheit). The Court agreed, and the "general acceptance"
test utilized by Federal courts for 70 years was supplanted by the promulgation of the
Federal Rules of Evidence." (Daubert, 113 S.Ct. at 2793). Instead, the Court said that
trial judges had the responsibility of acting as a "gatekeeper" to ensure that "any and all
scientific testimony or evidence accepted is not only relevant, but also reliable." Number
2795, according to the Court, the trial judge should evaluate if the logic and evidence
are sufficient.
If the theory or technique has "general acceptance" within a relevant scientific
community," and 4) whether the theory or technique has "general acceptance" within a
relevant scientific community. The admissibility of expert testimony is to be evaluated
more closely by the trial judge under Daubert to see if it fits the requirements of Fed. T.
Evid. 702, which states:
The admissibility of expert testimony is to be evaluated more closely by the trial
judge under Daubert to see if it fits the requirements of Fed. T. Evid. 702, which states:
A witness qualified as an expert by knowledge, skill, experience, training, or education
may testify in the form of an opinion or otherwise if scientific technical, or other
specialized expertise will assist the trial of fact in understanding the evidence or
determining a fact in dispute A person who is qualified as an expert because of his or
her knowledge, skill experience, training, or education may testify in the form of an
opinion otherwise.
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The Daubert Guidelines. All trial courts make a preliminary admissibility determination.
This role entails determining if the evidence is relevant, competent, and material, or, in
other words, whether the evidence can be appropriately applied to the facts of the case.
The traditional "gatekeeping" purpose of courts is to do just that. Using the Daubert
standard and testability, a number of dependability criteria can come into this and
subsequent hearings," error and the existence or maintenance of "standards governing
whether the technique's operation.

The Daubert Guidelines. All trial courts make a preliminary admissibility determination.
This role entails making a preliminary determination of whether the evidence is relevant,
competent, and material.
Is it possible to apply the evidence correctly to the facts of the case? The traditional
"gatekeeping" purpose of courts is to do just that. Using the Daubert standard and
testability, a variety of dependability criteria can be factored into this and subsequent
hearings.
a. Has the scientific theory or technique been empirically tested?
According to K. Popper (T989) in the Growth of Scientific Knowledge, "The
criterion on the scientific status of a theory is its falsifiability, refutability and
testability.
b. Has the scientific theory or technique been subjected to peer review and
publication? This ensures that flaws in the methodology would have been
detected and that the technique finding its way into use via the literature.
c. What is the known or potential error rate? Every scientific idea has Type 1 and
Type II error rates, and these can be estimated with a fair amount of precision.
There are known threats to validity and reliability in any tests (experimental and
experimental) of a theory.
d. What is the expert's qualifications and stature in the scientific community and
does the technique rely upon the special skills and equipment of one expert, or
can it be replicated by other experts elsewhere?
e. Can the technique and its results be explained with sufficient community and
simplicity so that the court and the jury can understand its plain meaning? This is
just the Marx standard, which is assumed to be incorporated in Daubert as it was
with Frye.

Common Statements of FRYE and DAUBERT

Interpretation on Frye
When novel scientific evidence is at issue, the Frye inquiry allows the judiciary to
defer to scientific expertise precisely as to whether or not it has gained "general
acceptance" in the relevant field. The trial court's gatekeeper role in the respect is
conservative, thus helping to keep pseudoscience out of the Courtroom.
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Interpretation of Daubert
General acceptance is an austere standard absent from and incompatible with the
Rules of Evidence. "Scientific knowledge" must be derived from the scientific method
supported by "good grounds" in validating the expert's testimony, establishing a
standard "evidentiary reliability”

5. Kumnho Doctrine Expansion of Daubert into Technological Testimony

The Supreme Court enlarged the Daubert test's reach in Kumho to embrace all
types of expert testimony. Carmichael v. Kumho Tire, 526 U.S. 137, 119 S.Ct. 1167 is a
number (1999). In this instance, the plaintiffs offered a mechanical engineer to testify
that the blowout was caused by a tire problem. On the defendant's motion, the District
Court judge excluded the expert and awarded summary judgment. The judge concluded
that the expert's testimony was subject to a Daubert review, despite the fact that it was
"technical" rather than "scientific," and that the expert's methods were unreliable as a
result of such review. The Eleventh Circuit reversed and remanded, finding that the
judge erred in applying the Daubert standard. Assessing the relevance and reliability of
an expert's opinion the trial judge did not misuse his discretion in excluding the expert,
noting that the expert did not meet any of the Daubert standards and that the
methodology used could not reliably pinpoint the cause of the tire separation.

6. Judge as Gatekeepers

The Court in Daubert gave a rough concept of what the gatekeeping function
entails. "When confronted with expert scientific testimony. the trial judge must first
evaluate, pursuant to Rule 104(a), whether the expert proposes to (1) scientific
understanding (2) will aid the trier of fact in comprehending or determining a fact in
dispute. This includes preliminary evaluation of whether the logic or technique can be
correctly applied to the facts at hand." Daubert, T13 S.Ct. at the number 2796 "Our
responsibility, then, unless we misread the Supreme Court's opinion, is to resolve
disputes among respected, well credentialed Scientists about matters squarely within
their expertise, in areas where there is no science Consensus as to what is or is not
"good science," and occasionally to reject such expert testimony because it was not
"derived by the scientific method the lower court wrote on remand from.

7. Standard of Review

On appeal, the criterion for determining whether a judge abused his or her
discretion in admitting or excluding expert testimony is "abuse of discretion." 522
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U.5.136, 138-139 (1997); Kumho aat 1171/1; Irvine v. Murad Skin Research
Laboratories, 1999 U.5, App. There are two ways that appellate courts have reviewed a
lower court's decision to exclude or admit expert testimony: whether the judge abused
his discretion in applying the Daubert factors to determine reliability (United States v.
Oladipo Salimonu, 182 F.3d 63 (1st Cir. 1999); and whether the expert’s testimony had
an adequate factual basis (United States v. Oladipo Salimonu, 182 F 3d 63.)

8. Application of Daubert Standards to Forensic Evidences

Some examples of Daubert applied to Specific Techniques. Adapted from

O'Connor and Stevens (2006).
Note this is not a complete list, and is not accurate tor ALL Jurisdictions.
a. Ballistic generally fails the Daubert standard despite widespread acceptance.
b. Battered Women Syndrome has satisfied the Daubert standard in some
jurisdictions, but fails in most.
c. Child Abuse Accomodation Syndrome has failed the rest, for the most part.
d. Computer Simulation has failed because experts often cannot explain the
algorithms.
e. DNA evidence is admissible under either the Frye or Daubert standard out the
reliability issue goes beyond the matter of testimony to proper performance of
protocols and probability estimates.
f. Eyewitness Identification generally FAILS the Daubert test, for the most part, as
most social science, like social psychology does.
g. Forensic Anthropology has not yet met the Daubert test, but the study of certain
features from bones remains reliable.
h. Hair Analysis. Daubert has successfully applied to spectrophotometer and Gas
Chromatographic tests for detecting the past use of drugs.
i. Hypnosis has known therapeutic value, but not as a method of Producing
accurate recollection of past events, as it would be used in court. Hypnosis,
therefore, does not meet the Daubert test.
j. Intoxilyzer Tests have been ruled valid and are considered beyond scientific
dispute by many judges.
k. Polygraph evidence (which was usually acceptable under Frye with a few
exceptions) is beginning to be found reliable in Daubert hearings, but still does
not enjoy widespread acceptance, and is, in fact, outlawed by per se laws in
various jurisdictions.
l. Psychiatric evidence has had mixed results under Daubert. Techniques such as
penile plethysmography to measure sexual arousal have had problems getting
admitted in some states, but have faced no problems in other states. Also having
difficulty is psychological or socio psychological profiling which is often attached
for its lack of logical foundation and/or weak methodology. Checklist techniques,
such as those used to determine if someone is a pedophile or a psychopath (e.g.
an Axis disorder on the DSN IV) are even experiencing difficulties. However,
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testimony regarding mental disorders that go to the matter of mean generally

satisfies the Daubert test as does much diminished capacity testimony and the
more proven variety of syndromes.
m. Questioned Documents (or Expert Handwriting Analysis) has been ruled by many
judges as not requiring the Daubert test because scientific principles have
nothing to do with the day-to-day tasks as performed by practicing QDEs.
However, some newer types of analysis are experiencing difficulties.
n. Trace Evidence Comparison has not yet been decided due to controversy over
the qualifications required for a forensic scientist or lab technician as a micro
analyst.
o. Voice Comparison techniques have FAILED the Daubert test, for the most part.
Source: http: //faculty.ncwc.edultoconnor/425/425lect02.htm
9. Frye, Daubert, and Kumho Cases have Persuasive Effects in Philippine Supreme
Court.

Obviously, neither the Frye-Schwartz standard nor the Daubert- Kumho standard is
controlling in the Philippines (People v. Joel Yatar, G.R. No. 150224, 19 May 2004, 428
SCRA 504). At best, American jurisprudence merely has a persuasive effect on our
decisions. Here, evidence is admissible when it is relevant to the fact in issue and is not
otherwise excluded by statute or the Rules of Court (i.e. competent) (Section 3, Rule
128)

10. Usage of Frye, Daubertand Kumho Doctrines in Philippine Jurisprudence.

Under the Philippine Rules of Court, evidence is admissible when is relevant to the
fact in issue and is not otherwise excluded by statute or the Rules of Court (Section 3,
Rule 128). The Philippine courts do not follow the restrictive tests tor admissibility
established by Frye-Schwartz and Daubert-Kumho.

In Philippine jurisdiction, the restrictive tests for admissibility established by Frye-

Schwartz and Daubert-Kumho go into the weight of the evidence (Herrera vs. Alba).

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