Forensic Chemistry – Flashcards

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What is Forensic Chemistry?
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applied analytical chemistry and exists where science and the law overlap
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What precedent did the Frye hearing set?
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Ruled that analysis has to be:

  1. generally accepted
  2. able to produce reliable results
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What are issues that arise with the Frye ruling?
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  1. "general acceptance" is difficult to define
  2. "relevant" scientific community is open to interpretation
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What precedent did the Daubert hearings set?
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  1. validated techniques
  2. conditions controlling techniques maintained
  3. Peer review techniques
  4. false positives/negatives?
  5. generally accepted in scientific comm
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True or False: Hearsay is admissable in federal court
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True
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What are the different phases of the pre-trial process?
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  1. Complaint
  2. Affirmative Defenses
  3. Discovery
  4. Chain of Custody
  5. Expert Report
  6. Deposition
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What exactly is the complaint?

(pre-trial)

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  1. First formal notice of a lawsuit
  2. legal document alleging plaintiff harmed in some way
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What are Affirmative Defenses?

(pre-trial)

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  • typically in the form of legal grounds for dismissal
  • defense's attempt to bar plaintiff from recovery
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What is Discovery?

(pre-trial)

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  • Formal fact-finding by lawyers from both sides
  • access to info, documents, witnesses with pertinent facts
  • Federal is one-way; state and local can be both ways
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What is the Chain of Custody?

(pre-trial)

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  • Establishes existence, care, custody, and control of evidence
  • Illustrates safeguards taken to preserve its condition
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The Expert Report

(pre-trial)

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  • Formal written document
  • Contains basis for opinions/conclusions to be offered
  • Discoverable
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Deposition

(pre-trial)

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  • sworn testimony before trial
  • no judge present
  • process is to gather info-not to try the case
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What is Brady material?
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exculpatory or impeaching info that is material to the guilt or innocence or to the punishment of a defendant...
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What are important features of the Deposition Process?
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  • Subpoena Duces Tecum
  • Setting
  • Questions
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Subpoena Duces Tecum

(Deposition process)

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  • "bring with you under penalty of punishment"
  • formalizes date/time/place of deposition
  • outlines: what you need to bring with you
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Setting

(deposition process)

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  • law office
  • lawyers will banter w/each other
  • don't be mislead be informality
  • don't engage w/lawyers
  • lawyers explain format and rules
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Questions

(deposition process)

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  • opposing attorney is in control
  • they may set you up for a Daubert motion
  • they will want to explore/evaluate alternate story lines
  • May gather info for motions unrelated to work
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What are some strategies that the opposing attorney may utilize during the deposition process?
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  • Impeachment
  • Daubert challenge
  • Background
  • Character/Bias
  • Fencing/"Freezing"
  • Stretching
  • Endurance
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Impeachment

(deposition)

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  • inconsistencies/contradictions/mistakes
  • Plus side: you learn how much he/she knows
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Daubert challenge

(deposition)

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  • questions directed to "relevance & reliability"
  • root your answer in the Daubert prongs
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Background

(deposition)

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  • Everyone has background issues
  • Answer directly and without embellishment or excuses
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Character/Bias

(deposition)

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  • they'll watch how you respond to pressure and uncertainty
  • attack your character
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Fencing/"Freezing"

(deposition)

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  • will try to limit your testimony to certain parts
  • will try to limit your ability to elaborate
  • don't respond with a "yes" or "no" if more explanation is needed
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During a Daubert Hearing, what entity ultimately decides on admissibility?
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The Judge
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What role does peer review play in science and in the law?
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  1. Argument before a judge, jury, or lawyers is loosely analogous to peer review
  2. Scientific findings aer submitted to peer-reviewed journals
  3. the work and conclusions of individual case-working forensic scientists are peer-reviewed before being reported out
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Is the analysis of drugs using instruments such as mass spectrometers and infrared spectrometry based on comparison?
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Yes, Ids are made by comparing data to that stored in a library
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True or False: Analysts are accredited, labs are certified
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False: Labs are accredited and analysts are certified
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Who certifies analysts?
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The American Academy of Forensic Sciences (AAFS)
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Who accredits labs?
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the Amercian Association of Crime Lab Directors Lab Accreditation Board (ASCLD-LAB)
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What are the objectives of the ASCLD-LAB?
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  1. Improve quality of lab services
  2. Develop/maintain criteria to assess performance
  3. provide independent, impartial, and objective system of operational review
  4. offer to the public and users of lab services a means of identifying thos labs meeting these standards
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What is the NUSAP approach?
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N-Number, U-Units, S-Spread, A-Assessment, P-Pedigree
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What are the different types of errors?
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Stat perspective- type I (null hypothesis wrongly rejected), type II (null hypothesis wrongly accepted)

Forensic perspective- False negative, false positive

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What are the two conditions that must be met to effect a separation based on partitioning between two phases?
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First-exploitable difference in physical props must exist between analyte and matrix

Second-equilibrium condition between the two phases

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What is a drug?
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a substance tha, when ingested, is capable of inducing a physiological change.
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What are the different modes of ingestion?(drug)
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  1. Swallowing
  2. Injection
  3. Inhalation
  4. Absorption through the skin
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True or False: All drugs are toxic
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True: dose differentiates a therapeutic drug from a poison
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What are the different ways drugs are classified?
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Origin, General effect,
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What are the natural products?

(drug classification)

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  1. Opiates
  2. Caffeine
  3. Cocaine
  4. Cannabinoids
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What are the semi-synthetics?

(drug classification)

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  1. Heroin
  2. Hormones
  3. Steroids
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What are synthetics?

(drug classification)

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Diazepam
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What are the different general effects?

(drug classification)

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Analgesics, Depressants, Hallucinogens, Narcotics, Stimulants
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What are the different types of analgesics and how do they work?
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Aspirin-NSAID, stops pain by reducing fever and inflammation.

Morphine(; other opiates)-blocks transmission at the CNS of nerve impulses that relay the sensation of pain to the brain

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What are the different types of depressants and how do they work?
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-Depress functions of the CNS, promotion of sleep

  • Barbiturates
  • Tranquilizers
  • Sleep Aids
  • Ethanol
  • Benzodiazepines
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What are the hallucinogens and how do they work?
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