CJ 3552 Lecture Notes - Lecture 15: Robbery, Blood Test, Flight Controller
29 Aug 2016
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Identification procedures : forensic techniques & witness identification o. Identification procedures have both 4th and 5th amendment issues. Forensics: the application of science to law (science law) Examples of forensic techniques: fingerprinting, hair comparisons, blood sampling/matching/typing, footprint comparison, handwriting analysis, dna testing . Blood typing can be useful for excluding suspects. Footprint comparisons are not used very much today. o. Self-incrimination: police cannot force you to incriminate yourself. Facts: main in hospital being treated for injuries. He was arrested for drunk driving, and the cop order the doctor to take a blood test. Scotus: no, this did not violate his 5th amendment rights. o. Self incrimination compelled communications or testimony: blood test identifies physical characteristics, blood test was not testimony, nor was it related to some communicative act or writing by the petitioner . Gilbert refused to answer questions without counsel, but later gave handwriting samples. Scotus: no, handwriting samples do not violate the protection against self- incrimination.
