Module II- Exam
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School
Albany State University *
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Course
MISC
Subject
Philosophy
Date
Apr 3, 2024
Type
docx
Pages
3
Uploaded by yourlocalnerd
1.
Discuss the roleof the following trials
Frye v. United States
and
Daubert v. Merrell Dow Pharmaceuticals
in the development of forensic science. What the are major impacts of the case in expert witness
The Frye v. United States and Daubert v. Merrell Dow Pharmaceuticals trials played a significant
role in the development of forensic science. The Frye case established the "Frye Standard," which required that scientific evidence must be generally accepted by the scientific community to be admissible in court. On the other hand, the Daubert case established a new standard for expert testimony, which required judges to act as "gatekeepers" and determine the reliability and relevance of scientific evidence before allowing it to be presented to a jury.
The major impact of the Frye case on expert witnesses was that it established the Frye Standard, which was the prevailing standard for admissibility of scientific evidence for over 70 years. However, the Daubert case changed this standard by providing a more rigorous set of criteria for determining the admissibility of scientific evidence. As a result, expert witnesses are now required to provide more detailed and reliable evidence, which has led to advancements in the field of forensic science and improved the quality of expert testimony presented in court.
1.
Describe the theories of ethics and how they are similar, yet different from one another. What is intentionalism and detereminism? What are the arguments for each?
Ethics is a branch of philosophy that deals with moral principles and values. There are several theories of ethics, including consequentialism, deontological ethics, virtue ethics, care ethics, and
moral relativism. These theories are similar in that they all attempt to provide a framework for determining what is right and wrong, but they differ in terms of the specific principles and values
that they prioritize. Intentionalism is the belief that the morality of an action is determined by the intentions behind it. According to intentionalism, an action is morally right if it is done with good intentions, even if it has negative consequences. Conversely, an action is morally wrong if it is done with bad intentions, even if it has positive consequences. Determinism, on the other hand, is the belief that
all events, including human actions, are ultimately determined by causes external to the will. According to determinism, people do not have free will, and their actions are predetermined by factors such as genetics, environment, and past experiences.
The arguments for intentionalism are that it allows for a more nuanced approach to morality, taking into account the intentions behind actions rather than just their outcomes. On the other hand, the arguments for determinism are that it provides a scientific and objective understanding of human behavior and that it can help explain why people act the way they do.
Overall, the theories of ethics and the concepts of intentionalism and determinism provide different perspectives on how to approach moral decision-making. It is up to individuals to decide which theory or concept aligns with their moral compass and values.
A storefront window is broken and a robbery committed. A suspect is later found running from the scene. Examination of his shoes reveals glass particles embedded in a heel. Describe the proper collection and preservation of glass evidence for laboratory examination.
1. Safety Precautions:
Before collecting any evidence, ensure the safety of the crime scene and the individuals involved. Use personal protective equipment such as gloves and avoid contaminating the evidence.
2. Documentation:
Document the crime scene thoroughly, including photographs and notes detailing the location of the broken storefront window, the suspect's apprehension, and any other relevant information.
3. Isolation of the Shoes:
Carefully remove the suspect's shoes without causing unnecessary disturbance to the potential evidence. Use clean tools to handle the shoes to prevent contamination.
4. Preliminary Examination:
Conduct a preliminary examination of the shoes to identify areas with visible glass particles. Note the location of glass fragments and any other potential evidence on the shoes.
5. Collection of Glass Particles:
Use clean forceps to pick up glass particles from the suspect's shoes. Collect a representative sample, ensuring that the particles are not contaminated by external materials. Place each particle
into a separate clean and labeled container.
6. Packaging:
Securely package each container to prevent breakage or contamination during transportation. Small envelopes or pillboxes are often suitable for packaging individual glass particles. Clearly label each package with relevant information, including the case number, date, and description of
the evidence.
7. Chain of Custody:
Establish and maintain a chain of custody for the collected evidence. This involves documenting every person who handles the evidence from the crime scene to the laboratory to ensure its admissibility in court.
8. Preservation:
Store the packaged evidence in a cool, dry place to prevent degradation. Avoid exposure to extreme temperatures, humidity, or direct sunlight, as these can compromise the integrity of the glass particles.
9. Transportation:
When transporting the evidence to the laboratory, use a secure and tamper-evident container. Document the transportation process to maintain the chain of custody.
10. Laboratory Examination:
Submit the glass evidence to a forensic laboratory for detailed analysis. Forensic experts will use microscopy, spectroscopy, or other techniques to examine the glass particles and compare
them to the broken window, helping establish a connection between the suspect and the crime scene.
Discuss two possible consequences of failure to protect a crime scene properly.
One possible consequence of failure to protect a crime scene properly is the loss or destruction of
important evidence. If unauthorized personnel are allowed to enter and move around the crime scene, they may inadvertently or deliberately contaminate, alter, or remove evidence, making it difficult or impossible to identify and prosecute the perpetrator. This can compromise the integrity of the investigation and reduce the chances of a successful outcome.
Another consequence of failure to protect a crime scene properly is the risk of compromising the safety of law enforcement officers, first responders, and other individuals involved in the investigation. If the crime scene is not secured and controlled, it may be vulnerable to additional crimes or attacks, putting the lives and well-being of those present at risk. This can lead to injuries, fatalities, and long-term trauma for those affected, as well as hinder the ability of law enforcement to gather crucial information and evidence.
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