Gale Encyclopedia Of American Law 3Rd Edition Volume 4 P51 pdf

presidential election, Ford could be counted on to support vigorously N ixon’s foreign and domestic programs in Congress. When it became clear in 1973 that Vice President Agnew’s legal and ethical problem s would force him out of the Nixon White House, the president turned to Ford as a logical replacement. The TWENTY-FIFTH AMENDMENT to the U.S. Constitution allows the president to nominate a vice president in the event of a vacancy. Ford was a plausible choice because of his solid track record in the House, his popularity with Congress and the public, and his loyalty to Nixon. After Agnew’s resignation, Ford publicly accepted Nixon’s offer and was confirmed by a majority vote of both houses of the U.S. Congress. He was sworn in during a joint session of Congress on December 6, 1973. Ford knew that he was joining a doomed, scandal-plagued administration and that in all likelihood he would become president. For eight months, he performed his vice presidential duties and waited as the Watergate investigators closed in on Nixon. With Nixon’s resignation inevitable, Ford prepared what he hoped would be a reas- suring speech to his weary country. On August 9, 1974, the day Nixon resigned and Ford was sworn in, Ford spoke to the nation on television, telling citizens that the U.S. system worked and that “our long national nightmare is over.” At the beginning of Ford’s term as presi- dent, members of Nixon’s cabinet, including SECRETARY OF STATE HENRY KISSINGER, agreed to stay on in the interest of continuity. Ford appointed Nelson A. Rockefeller, former governor of New York, to serve as his vice president. As the transition from Nixon to Ford was made, key Nixon appointees departed, and the Ford administration floundered. The nation’s economy was a pressing prob- lem, with both inflation and unemployment running high. To combat inflation, Ford pro- posed a voluntary program, Whip Inflation Now (WIN), which was neither an economic nor a popular success. Without mandatory controls to keep prices and wages in check, the program was ineffective. Although other measures introduced by Ford eventually helped stabilize the economy, unemployment remained high, reaching more than nine percent in May 1975. Clearly the most damaging event during Ford’s two-and-a-half years in office occurred about a month after he was sworn in. On September 8, 1974, Ford granted Nixon a full pardon for any possible crimes committed during the Watergate cover-up. Although Ford pardoned Nixon out of compassion and a desire to move the nation from its Watergate paralysis, he suffered tremendously in the public opinion polls for his action. Many U.S. citizens opposed special treat- ment for Nixon, believing that the former presi- dent should be fully prosecuted for the crimes that toppled his administration. Some historians be- lieve that Ford’s unconditional pardon of Nixon cost him the 1976 presidential election. Another misstep was Ford’s amnesty pro- posal for young men who had dodged the draft during the VIETNAM WAR. Although the program did not offer automatic reentry into U.S. society—it did require two years of public service—it was unpopular with conservative groups and with the very men it was supposed to help. The amnesty program received applica- tions from only 20 percent of eligible U.S. citizens and was discontinued after two years. In foreign affairs, Ford continued Nixon’s policies of détente with the Soviet Union and negotiations for a Middle East peace accord. Perhaps the most newsworthy event of interna- tional importance during Ford’s term was the Mayaguez incident. When the U.S. merchant ship Mayaguez was seize d off the coast of Cambodia in 1975, Ford sent in U.S. troops to retrieve the crew and ship. The operation was an unmitigated success for Ford because bloodshed was avoided and his leadership qualities were demonstrated in the international arena. During his brief term, Ford made one U.S. Supreme Court appointment, nominating Justice JOHN PAUL STEVENS, a moderate, to replace retiring Justice WILLIAM O. DOUGLAS in 1975. Ford became the first U.S. president to travel to Japan on an official visit, in 1974, and the first chief executive to survive two assassination attempts. Initially, Ford considered himself an interim president. As he grew accustomed to the White House, he changed his mind and decided to run for his party’s presidential nomination in 1976. Although Ford was opposed at the Republican convention by California governor RONALD REAGAN , he managed to win the nomination on the first ballot. He selected Senator Bob Dole, of Kansas, as his running mate. JIMMY CARTER, governor of Georgia and the 1976 Democratic presidential nominee, made personal integrity and honesty in government the “TRUTH IS THE GLUE THAT HOLDS OUR GOVERNMENT TOGETHER . OUR LONG NATIONAL NIGHTMARE IS OVER . O UR CONSTITUTION WORKS .” —GERALD R. FORD GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION FORD, GERALD RUDOLPH 489 central themes of his campaign. Carter criticized Ford’s association with the tainted Nixon admin- istration and stressed his own reputation for moral rectitude. In a tight race, Carter and runningmateWalterF.Mondale,fromMinne- sota, won the election, receiving half the popular votes and 297 ELECTORAL COLLEGE votes. In 1980 Ford was asked to run as Reagan’s vice presidential candidate; he declined. For the rest of his life he remained in the public eye, lecturing at more than 170 COLLEGES AND UNIVERSITIES and speaking out on political issues via television documentaries and newspaper opinion pieces. He participated in many of the activities sponsored by the Gerald R. Ford Library in Ann Arbor, Michigan, and the Gerald R. Ford Museum in Grand Rapids, Michigan, which were established in 1981. Ford served on the board of directors of a number of national corporations and charities, and was the recipient of numerous honorary degrees and awards. In 1999 President BILL CLINTON awarded Ford the Presidential Medal of Freedom, the nation’s highest civilian award, for guiding the nation through turbulent times. The same year, Presi- dent and Mrs. Ford were awarded the Congres- sional Gold Medal for dedicated public service. Also in 1999, the University of Michigan officially renamed its Institute of Public Policy Studies the Gerald R. Ford School of Public Policy. In 2001 Ford’s views on gay rights made him the highest-ranking Republican to endorse equal treatment for gay couples. He stated that “they should be treated equally. Period.” On Novem- ber 22, 2004, New York Republican Governor George Pataki named Ford and the other living former Presidents (Carter, George H. W. Bush and Bill Clinton) as honorary members of the board rebuilding the World Trade Center. In 2004 he went on record (in an interview with the Washington Post) to state his disagreement with GEORGE W. BUSH regarding the invasion of Iraq, which he called a big mistake. Ford spent his retirement years playing a lot of golf in California with friends such as Bob Hope. After years of health problems, including a series of strokes, Ford died on December 26, 2006, at the age of 93. FURTHER READINGS Cannon, James M. 1998. Time and Chance: Gerald Ford’s Appointment with History. Ann Arbor: Univ of Michigan Press. Casserly, John J. 1977. The Ford White House: The Diary of a Speech Writer. Boulder: Colorado Associated Univ. Press. Gerald R. Ford Foundation. Available online at geraldrfordfoundation.org (accessed August 17, 2009). Greene, John Robert. 1995. The Presidency of Gerald R. Ford. Lawrence: Univ. Press of Kansas. Hartmann, Robert T. 1980. Palace Politics: An Inside Account of the Ford Years. New York: McGraw-Hill. FORECLOSURE A procedure by which the holder of a mortgage— an interest in land providing security for the performance of a duty or the payment of a debt— sells the proper ty upon the failure of the debtor to pay the mortgage debt and, thereby, terminates his or her rights in the property. STRICT FORECLOSURE, now commonly known as foreclosure by JUDICIAL SALE, refers to the procedure which a court uses when a MORTGAGE holder seeks to reclaim property from a debtor who has default on the mortgage. The court determines the amount due under the mort- gage, orders its payment within a certain limited time, and, if the debtor does not make payment, directs that the debtor will permane ntly lose his or her EQUITY OF REDEMPTION, the right to recover the property upon payment of the debt, interest, and costs. The title of the property is conveyed absolutely to the creditor, on default in payment, without any sale of the property. State laws on judicial sales vary, but typically the court appoints an official, such as the sheriff, to conduct the sale of the foreclosed property. Banks and mortgage lenders may bid in the amount of the owed debt at the sale, but other factors may influence the bid. If no other buyer steps forward, the lender receives title to the property. Usually the mortgage holder is the winning bidder. If the value of the property is less than the mortgage, the mortgage holder can seek a DEFICIENCY JUDGMENT for the difference. However, it is unlikely that a homeowner who defaults on a mortgage will have the assets to pay it. Statutory foreclosure is foreclosure by perfor- mance of a POWER OF SALE clause in the mortgage without need for court action, because the foreclosure must be done in accordance with the statutory provisions governing such sales. As of 2009, 29 states allowed foreclosure by sale. However, such sales may end up in court if there are title issues that can only be resolved by judicial order. Such circumstances include GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 490 FORECLOSURE Order for Mortgage Foreclosure Name of person submitting deed for recording: Address: FORECLOSURE BY SALE COMMITTEE DEED JD-CV-74 Rev. 7-08 C.G.S. § 7-24, P.A. 07-252 STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov INSTRUCTIONS TO COMMITTEE: If this form does not suit the situation, you may manuscript your own, however, all elements of this deed must be incorporated. WHEREAS, by judgment of Foreclosure by Sale rendered on (date) ________________________________ , by the Superior Court for the Judicial District of __________________________________ , being Docket No. CV __________________________________ , wherein _____________________________________________________________________________________________________________ ________________________________ is Plaintiff and _________________________________________________________________ __________________________________________________________________________________________________ is Defendant, brought by complaint dated ____________________________________ claiming a foreclosure of a mortgage/lien on premises known as ( street, lot #, or other) _____________________________________________________________________________________________ _____________________________________________________________________________________________________________ _________________________________________________________________________________________________ , Connecticut, _____________________________________________________________________________________________________________ _____________________________________________________________ of Connecticut was duly appointed Committee ("Committee") and directed to sell the premises and convey the same to the purchaser, and WHEREAS, the Committee has sold the premises in all respects pursuant to the Judgment to _____________________________________________________________________________________________________________ ______________________________________________________ of _____________________________________________________ ________________________________________________________________________________________________ , for the sum of _____________________________________________________________________________________________________________ _________________________________________________________ ($ ___________________________________ ) DOLLARS, and WHEREAS, the sale has been ratified and confirmed by the Superior Court, which appears of record in the file in the Superior Court, to which reference is herein made. NOW KNOW YE, THAT I, _________________________________________________________________________________________ Committee, pursuant to the authority and direction given to me as aforesaid and in consideration of the sum of _____________________________________________________________________________________________________________ __________________________________________ ($ _____________________________) DOLLARS received to my full satisfaction of _____________________________________________________________________________________________________________ _________________________________________________________ , ("Grantee(s)"), do hereby bargain, sell, transfer and convey unto _____________________________________________________________________________________________________________ ______________________________________________________ and unto his/her/their successors and assign forever a parcel of land, together with the improvements thereon, known as ( street, lot #, other) _______________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ Connecticut, and being more particularly bounded and described on Exhibit A, attached hereto and made a part thereof. To have and to hold the above granted and bargained premises, with the appurtenances thereof, unto the Grantee(s), his/her/their successors and assigns forever to his/her/their and his/her/their own proper use and behoof. And I, the Committee do covenant with the Grantee(s), his/her/their successors and assigns forever, that I have full power and authority as a Committee to grant and convey the above-described premises in manner and form aforesaid. The premises are conveyed to the Grantee(s) free and clear of the mortgage/lien being foreclosed, and of all claims subsequent in right thereto, the holders of which are bound by this action. Said premises are conveyed subject to (a) all prior liens and encumbrances which are prior in right to the mortgage/lien foreclosed; (b) all taxes, sewer assessments and sewer use charges (if any); (c) all building, building line and zoning regulations of the Town of ____________________________________________________________ and all other governmental regulations and provisions of any public or private law; and (d) such state of facts that an accurate survey or personal inspection of the premises would disclose. [continued] A sample order for a mortgage foreclosure. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION FORECLOSURE 491 actual defects in the deed and the priority of LIEN holders on the property. In some states a statutory foreclosure bars the mortgage holder from seeking a deficiency judgment. There are two federals statutes that affect the ability of a mortgage holder to foreclose. Under the federal BANKRUPTCY Code, the filing for any type of bankruptcy immediate ly stays or suspends a foreclosure proceeding. Under a Chapter 11 filing for reorganizing debt, the court may “terminate, annul, modify or condi- tion such stay” for cause. If the petition is for discharge for all debts, the mortgage holder may foreclose only if the debtor has no equity in the property. If there is equity, the property can be sold by the court and used to pay other creditors. The SERVICEMEMBERS CIVIL RELIEF ACT protects active duty members of the armed forces, including the NATIONAL GUARD, who default on mortgages executed before they went into the service. A service member can ask a court to set aside a DEFAULT JUDGMENT that triggered a foreclosure proceeding. Foreclosure by power sale cannot be used if the mortgagor is in the ARMED SERVICES and is not present or represented at the hearing. In addition, a court may, if the service member’s ability to pay the mortgage is affected by being in the military, stay a foreclosure action as long as the person remains on active duty. Though it may appear that a foreclosure is final, many states have laws that give the defaulting borrower the ability to redeem the mortgage. Such laws give the borrower six months to one year to redeem the mortgage by paying the foreclosure sale price and an amount of interest determined by the state to the sale purchaser. Because of the uncertainty inherent in redemption, the defaulting mortgagor can retain possession of the property until the redemption period expires. The bursting of the U.S. housing bub ble in 2007 and 2008 led to record numbers of foreclosures. In 2008, 1.7 million homes were lost through foreclosur e. It is estimated that 2 million were lost in 2009 and the number was expected to rise to 2.4 million in 2010. President A sample order for a mortgage foreclosure (continued). ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. Order for Mortgage Foreclosure JD-CV-74 (back/page 2) Rev. 7-08 Signed subject to the approval of the Superior Court this ____________________ day of _____________________________ 20 ______ Signed in the presence of: X _________________________________________________ Print name of signer _____________________________________ X _________________________________________________ Print name of signer _____________________________________ Committee: _________________________________________ Print name of committee ____________________________________ _ STATE OF CONNECTICUT COUNTY OF _________________________________________ ss. __________________________________ The foregoing instrument was acknowledged before me this _________________ day of ______________________________ 20 ______ by _______________________________________________________________________________________________ , COMMITTEE Signed __________________________________ ________________________________________ __________________________ The foregoing committee deed is approved this ________________________ day of _________________________________ 20 ______ Judge of the Superior Court: _____________________________________________ Commissioner of the Superior Court/Court Clerk/Notary Print name of person signing at left Date your commission expires GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 492 FORECLOSURE BARACK OBAMA established a program in February 2009 that provided $75 billion in aid to prevent more homeowners from going into foreclosure. Though the program lowered mortgage pay- ments on a trial basis for hundreds of thousands of people, economists were dubious that it would provide permanent relief. The staggering number of foreclosures led to increased work for the courts and reduced the value of U.S. housing stock. FURTHER READINGS Bitner, Richard. 2008. Confessions of a Subprime Lender: An Insider’s Tale of Greed, Fraud, and Ignorance. New York: Wiley. Brownell, Charles. 2008. Subprime Meltdown: From U.S. Liquidity Crisis to Global Recession. New York: Creative- Space. Muolo, Paul & Padilla, Matthew. 2008. Chain of Blame: How Wall Street Caused the Mortgage and Credit Crisis. New York: Wiley. CROSS REFERENCE Mortgage. FOREIGN That which belongs to, or operates in accordance with, another nation, territory, state, or jurisdic- tion, as in the case of nonresident trustees, corporations, or persons. FOREIGN AFFAIRS POWER Under international law a state has the right to enter into relations with other states. This power to conduct foreign affairs is one of the rights a state gains by attaining independence. The division of authority within a government to exercise its foreign affairs power varies from state to state. In the United States that power is vested primarily in the president, although the Congress retains important express and implied powers over international affairs. FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW In 1978 Congress enacted the Foreign Intelli- gence Surveillance Act (FISA), 50 U.S.C.A. §§ 1800-1829, to prescribe separate procedures for federal agents to follow when conducting foreign surveillance. FISA created two courts with special jurisdiction: the Foreign Intelli- gence Surveillance Court (FISC) and the FOREIGN INTELLIGENCE SURVEILLANCE COUR T OF REVIEW (FISCR). Until 2002, the FISC had never published an opinion, and the FICSR had never convened. In 1972 the U.S. Supreme Court urged Congress to consider enacting legislation that differentiated between criminal investigations and intelligence surveillance designed to pro- vide for domestic security. United States v. U.S. district court, 407 U.S. 297, 92 S. Ct. 2125, 32 L. Ed. 2d 752 (1972). When Congress enacted Foreign Intelligence Surveillance Court of Review (FISA), it sought to give the govern ment greater power to conduct foreign intelligence without the heightened requirements of crimi- nal investigations under the FOURTH AMENDMENT. The FISC was empowered to grant warrants only to the government, and FISC cases have generally been held in secret. The FISC consists of 11 federal district court judges from the several circuits. These judges are designated by the chief justice of the U.S. Supreme Court and serve staggered terms. This lower court meets during two days each month. The FISCR consists of three judges named by the chief justice. Under FISA, the FISCR has jurisdiction to hear appeals when the FISC has denied an application submitted by the govern- ment. Between 1979 and 2002, however, no appeal had ever been filed with the review court. The FISC may grant requests from federal governmental officials to conduct ELECTRONIC SURVEILLANCE and to conduct physical searches. The U.S. JUSTICE DEPARTMENT reviews requests submitted by the various agencies, which are then forwarded to the U.S. attorney general. The attorney general must personally approve each application that is submitted to the FISC for approval. FISA requires that each applica- tion satisfy a number of requirements, including the requirement that the purpose of the proposed surveillance or search is foreign intelligence information. This information relates to the ability of the United States to protect itself against potential hostile acts, TERRORISM, or intelligence activities of a foreign power or an agent of a foreign power. Prior to 1994, FISA authorized only elec- tronic surveillance. In 1994, Congress amended FISA to allow physical searches. FISA also requires that federal officials minimize contact between agents who conduct foreign intelli- gence surveillance and criminal investigations. These minimization procedures were designed to ensure that the federal government does not GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW 493 circumvent the requirements of the Fourth Amendment by using information found in foreign intelligence gathering as part of a criminal investigation. These strict procedures were considered to establish a “wall” between the intelligence gathering and criminal investi- gations. In 1995 Attorney General JANET RENO approved new procedures that allowed for more sharing of information between agents con- ducting intelligence surveillance and those conducting criminal investigations. These pro- cedures were expanded further in 2000 by the attorney general. In 2001 when Congress approved the Uniting and Strengthening Amer- ica by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act), Pub. L. No. 107-56, 115 Stat. 277, it eliminated the requirement that the primary target of the surve illance had to be an agent of a foreign power. Following the attacks on the United States on SEPTEMBER 11, 2001, the Bush administra- tion stepped up its intelligence opera tions. Attorney General JOHN ASHCROFT openly advo- cated increased use of intelligence surveillance within the United States in order to identify terrorists who may be living within the country. The application of FISA is complicated in the investigation of suspected terrorists because the terrorists may not identify themselves with any particular nationality. Moreover, terrorists may live within the United States as legal residents. In 2002 Ashcroft submitted a request to the FISC to reduce the minimization procedures and allow for greater sharing of information between agents gathering foreign intelligence and agents conducting criminal investigations. The instance marked the first time that the FISC heard a case en banc, meaning that all of the judges were present. The government in the case urged the court to accept the lowered minimization procedures, but the court rejected this request in its first-ever published opinion. In re All Matters Submitted to the Foreign Intelligence Surveillance Court, 218 F. Supp. 2d 611 (2002). The government then decided to appeal the case to the FISCR. The appeal was unprece- dented, and the only party to the appeal was the federal government. The court allowed the AMERICAN CIVIL LIBERTIES UNION (ACLU) and the National Association of Criminal Defense Lawyers to participate as amici curiae, against the objections of the government. On appeal, the government claimed that the dichotomy between foreign intelligence gathering and criminal investigations was an illusion and that developments in FISA should allow the Justice Department to loosen the procedures regarding the sharing of information. The court agreed with the government’s claims (In re Sealed Case, 310 F.3d 717 [2002]). The court found that definition of foreign intelligence information includes such crimes as ESPIONAGE and terrorism, so differentiating between investigating these crime s and provid- ing intelligence surveillance was difficult. More- over, the court found that the USA PATRIOT Act allows the government to conduct wiretaps and searches of U.S. citizens and to share these results with prosecutors. The only requirement under the act is that the government must allege that a significant purpose in the investigation is to gather foreign intelli gence information. Between 2002 and 2005 the Bush adminis- tration wiretapped U.S. citizens without FISA warrants as part of its war on terrorists, relying on the voluntary cooperation of telecommuni- cations providers. After the program was exposed by the media, Congress enacted the Protect America Act (PAA). This act authoriz ed the U.S. government to direct communications service providers to assist in the warrantless gathering foreign intelligence when it involved targeted third persons, such as the provider’s customers, reasonably believed to be located outside the United States. The act expired in February 2008, and the provisions were repealed in July 2008. However, a legal con- troversy over the constitutionality of the act did not come to a conclusion until August 2008, when the FISCR ruled on the matter (In re Directives Pursuant to Section 105B of the Foreign Intell igence Surveillance Act, 551 F.3d 1004 [2008]). One communication provider whose iden- tity was concealed refused to cooperate, chal- lenging the legality of the directives. The government then asked the FISC to compel compliance. A FISC judge found the directives lawful and ordered the company to comply. The company then appealed to the FISCR. The appeals court ruled unanimously in favor of the government, rejecting the company’s claim that there was no exception to the Fourth GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 494 FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW Amendment’s warrant requirement that autho- rized this surveillance. The court was required to look at the tot ality of the circumstances and balance the interest’s at stake. The Bush administration’s interest regarding national security was “of the highest order of magnitude.” As to the “parade of horribles” presented by the company, the court concluded that the company had failed to present any evidence of “actual harm, any egregious risk of error, or any broad potential for abuse.” Fears that placing discretion entirely in the hands of the EXECUTIVE BRANCH would invite abuse were off the mark as well. There was no evidence that the government’s procedures to prevent abuse were implemented in bad faith. Therefore, the balancing of interests fell decidedly on the side of the Bush adminis- tration and the PAA. FURTHER READINGS Bazan, Elizabeth, ed. 2008. The Foreign Intelligence Surveil- lance Act: Overview and Modifications. Hauppauge, NY: Nova Science. Linz, Michael F., and Sarah E. Melzer. 2003. “Constitutional Issues after 9/11: Trading Liberty for Safety.” Federal Lawyer (January). Volkman, Earnest. 2008. The History of Espionage: The Clandestine World of Surveillance, Spying and Intelli- gence, from Ancient Times to the Post-9/11 World. London: Carlton. CROSS REFERENCE Search and Seizure. FORENSIC Belonging to courts of justice. FORENSIC ACCOUNTING Forensic accounting, sometimes called investi- gative accounting, involves the application of accounting concepts and techniques to legal problems. Forensic accountants in vestigate and document financial fraud and white-collar crimes such as embezzlement. They also provide litigation support to attorneys and law enforcement agencies investigating financial wrongdoing. Many different organizations consult foren- sic accountants. Corporations hire forensic accountants to investigate allegations of fraud on the part of their employees, suppliers, or customers. Attorneys consult forensic accoun- tants to obtain estimates of losses, damages, and assets related to specific legal cases in many areas of the law, including PRODUCT LIABILITY, shareholder disputes, and breaches of contract. In criminal investigations, forensic accountants analyze complex financial transactions such as those in STOCK MARKET manipulations and price fixing schemes. They also help governments achieve compliance with various forms of regulation. Forensic accountants typically become in- volved in financial investigations after fraud auditors have discovered evidence of deceptive financial transactions. After conducting an investigation, they write and submit a report of their findings. When a case goes to trial, they are likely to testify as expert witnesses. FURTHER READINGS Arnoff, Norman B., and Sue C. Jacobs. 2001. “Forensic Accountant’s Role as Expert before and during Trial.” New York Law Journal 226 (August 17). Crumbley, D. Larry. 2007. Forensic and Investigative Accounting. Chicago, IL: CCH. Singleton, Tommie W., et al. 2006. Fraud Auditing and Forensic Accounting. 2d ed. Indianapolis: Wiley. Zysman, Alan. 1995–2006. “Forensic Accounting.” Available online at http://www.forensicaccounting.com/ (accessed September 2, 2009). FORENSIC SCIENCE The application of scientific knowledge and methodology to legal problems and criminal investigations. Sometimes called simply forensics, forensic science encompasses many different fields of science, including anthropology, biology, chem- istry, engineering, genetics, medicine, patholo- gy, phonetics, psychiatry, and toxicology. The related term criminalistics refers more specifically to the scientific collection and analysis of physical evidence in criminal cases. This includes the analysis of many kinds of materials, including blood, fibers, bullets, and fingerprints. Many law enforcement agencies operate crime labs that perform scientific studies of evidence. The largest of these labs is run by the FEDERAL BUREAU OF INVESTIGATION. Forensic scientis ts often present EXPERT TESTIMONY to courts, as in the case of patholo- gists who testify on causes of death and engineers who testify on causes of damage from equipment failure, fires, or explosions. Modern forensic science originated in the late nineteenth century, when European crimi- nal investigators began to use fingerprinting and other identification techniques to solve crimes. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION FORENSIC SCIENCE 495 As the field of science expanded in scope throughout the twentieth century, its applica- tion to legal issues became more and more common. Because nearly every area of science has a potential bearing on the law, the list of areas within forensic science is long. Forensic Medicine and Psychology Forensic medicine is one of the largest and most important areas of forensic science. Also called legal medicine or medical jurisprudence, it applies medical knowledge to criminal and CIVIL LAW . Areas of medicine that are commonly involved in forensic medicine are anatomy, pathology, and psychiatry. Many law enforcement agencies employ a forensic pathologist, sometimes called a MEDICAL EXAMINER , who determines the causes of sudden or unexpected death. Forensic toxicologists, who study the presence of poisons or drugs in the deceased, often help forensic pathologists. Forensic odontologists, or dentists, analyze dental evidence to identify human remains and the origin of bite marks. Forensic medicine is often used in civil cases. The cause of death or injury is considered in settling insurance claims or MEDICAL MALPRAC- TICE suits, and blood tests often contribute to a court’s decision in cases attempting to deter- mine the paternity of a child. Mental hea lth and psychology professionals have contributed a great deal to the legal understanding of issues such as the reliability of EYEWITNESS testimony, respon sibility for criminal behavior, and the process of decision making in juries. These professionals include those with a medical degree, such as psychia- trists, neurologists, and neuropsychologists, as well as individuals without a medical degree, such as psychologists. Mental health professionals are frequently consulted in civil and criminal cases to help determine an individual’s state of mind with regard to a crime, the validity of testimony before a court, or an individual’s competence to stand trial or make a legal decision. Their input may also be vital to legal procedures for deciding whether to commit a person to an institution because of mental illness, or to allow a person to leave an institution for those who are mentally ill. Forensic neuropsychology is a specialized area of forensic medicine that applies the functioning of the nervous system and brain to legal issues involvi ng mind and behavior. Equipped with an improved understanding of how the brain works and influences behavior, neuropsychologists have increasingly been asked to provide testimony to courts attempting to determine whether a criminal act is a result of a nervous system dysfunction. They also testify as to the reliability of witness testimony given by VICTIMS OF CRIME, the competency of individuals to stand trial, the likelihood that a condition of mental retardation or brain injury predisp osed an individual to commit a crime, the possibility that an individual has verifiable memory loss, and various aspects of dementias and other brain disorders caused by AIDS, head injuries , and drugs, alcohol, and other chemicals. In civil cases, the work of neuropsycholo- gists has been used to determine whether a defendant’s wrongdoin g caused a plaintiff’s injury. In family courts, neuropsychologists assess brain damage in children who have been physically abused. Forensic psychologists provide expert testi- mony that touches on many of the same areas as that given by forensic psychiatrists and neu- ropsychologists. In addition, psychologists con- sult with the legal system on issues such as correctional procedures and crime prevention. In 1962 a U.S. court of appeals issued an influential decision that established the ability of a psychologist to testify as an expert witness in a federal court of law (Jenkins v. United States, 113 U.S. App. D.C. 300, 307 F.2d 637 [D.C. Cir. 1962]). Before that time, expert testimony on mental health was largely restricted to physicians. Other Areas of Forensic Science Forensic engineers provide courts with expertise in areas such as the design and construction of buildings, vehicles, electronics, and other items. Forensic linguists determine the authorship of written documents through analyses of hand- writing, syntax, word usage, and grammar. Forensic anthropologists identify and date human remains such as bones. Forensic geneti- cists analyze human genetic mate rial, or DNA, to provide evidence that is often used by juries to determine the guilt or innocence of criminal suspects. Forensic phoneticians deal with issues such as the validity of tape-recorded messages, the identification of speakers on recorded messages, the enhancement of GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 496 FORENSIC SCIENCE recorded messages, the use of voiceprints, and other aspects of ELECTRONIC SURVEILLANCE. FURTHER READINGS Federal Bureau of Investigation. 1994. Handbook of Forensic Science. Washington, D.C.: U.S. Government Printing Office. Fraser, Jim, and Robin Williams. 2009. Handbook of Forensic Science. Kent, UK: Willan. Gen ge, Ngaire E. 2002. The Forensic Casebook : The Scienc e of Crime Scene Investigation. New York: Random House. Hollien, Harry. 1990. The Acoustics of Crime: The New Science of Forensic Phonetics. New York: Plenum. Marriner, Brian. 1994. On Death’s Bloody Trail: Murder and the Art of Forensic Science. New York: St. Martin’s. Platt, Richard. 2003. Crime Scene: The Ultimate Guide to Forensic Science. New York: DK Adult. Vacca, John. 2005. Computer Forensics: Computer Crime Scene Investigation. Florency, KY: Cengage Delmar Learning. Valciukas, José A. 1995. Forensic Neuropsychology: Concep- tual Foundations and Clinical Practice. New York: Routledge. Weiner, Irving B., and Allen K. Hess, eds. 2005. Handbook of Forensic Psychology. Indianapolis: Wiley. CROSS REFERENCE DNA Evidence. Forensic Science in the Federal Bureau of Investigation S B ince its establishment in 1932, the FBI Labora- tory has been a world leader in the scientific analysis of physical evidence related to crime. Fr om its location in the J . Edgar Hoover FBI Building, in Washington, D.C., the laboratory provides a wide range of free forensic services to U.S. law enforcement agencies. The laboratory is divided into several major departments: the Document Section, Scientific Analysis Section, Special Pro- jects Section, Latent Fingerprint Section, and Forensic Science Research and Training Center. The laboratory’s Document Section examines paper documents, ink, shoe and tire tread designs, and other forms of evidence r elated to a wide variety of crimes, including forgery and money laundering. It performs linguistic analysis of docu- ments to determine authorship. It also evaluates the validity and danger of written threats. Its Computer Analysis and Response Team recovers evidence, including encrypted information, from computer systems—evidence that is crucial to the prosecu- tion of white-collar crime. The Document Section also maintains files of bank robbery notes, anony- mous extortion letters, and office equipment speci- fications. The Scientific Analysis Section has seven divisions: Chemistry T oxicology, DNA Analysis/ Serology, Elemental and Metals Analysis, Explo- sives, Firearms-Toolmarks, Hairs and Fibers, and Materials Analysis. This section ’s analysis of blood, semen, and saliva assists the investig ation of viole nt crimes such as murder, rape, assault, and hit-and- run driving. Its research also provides insight into many other crimes, in cluding bombings, arson, drug tampering, and poisoning. The services provided by the Special Projects Section include composite sketches of suspects, crime scene drawings and maps, videotape and audiotape analysis and enhancement, and analysis of electronic devices such as wiretaps and listening devices. The Latent Fingerprint Section examines evi- dence for hidden fingerprints, palm prints, foot- prints, and lip prints. The Forensic Scien ce Research and Training Center offers classes to law enforcement offici als from the United States and other countries. These classes co ver DNA analysis, the detection and recovery of human remains, arson and bomb blast investigation, and many other topics. To better perform its research, the laboratory maintains f iles on many kinds of physical evidence, including adhesives, ammunition, paint, and office equipment. The laboratory also provides experts who will furnish testimony on the nature of the evidence. The laboratory publishes the Handbook of Forensic Science to explain its forensic services to law enforcement agencies. The handbook out- lines procedures for safely and effectively gathering evidence from crime scenes and shipping it to the laboratory for analysis. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION FORENSIC SCIENCE 497 FORESEEABILITY The facility to perceive, know in advance, or reasonably anticipate that damage or injury will probably ensue from acts or omissions. In the law of negligence, the foreseeability aspect of proximate cause—the event which is the primary cause of the injury—is established by proof that the actor, as a person of ordinary intelligence and circumspection, should reason- ably have foreseen that his or her negligent act would imperil others, whether by the event that transpired or some similar occurrence, and regardless of what the actor surmised would happen in regard to the actual event or the manner of causation of injuries. FORFEIT To lose to another person or to the state some privilege, right, or property due to the commission of an error, an offense, or a crime, a breach of contract, or a neglect of duty; to subject property to confiscation; or to become liable for the payment of a penalty, as the result of a particular act. To lose a franchise, estate, or other property, as provided by the applicable law, due to negligence, misfeasance, or omission. This nonconsensual deprivation transfers the property to another person or restores it to the original grantor. FORFEITURE The involuntary relinquishment of money or property without compensation as a consequence of a breach or nonperformance of some legal obligation or the commission of a crime. The loss of a corporate charter or franchise as a result of illegality, malfeasance, or nonfeasance. The sur- render by an owner of his or her entire interest in real property, mandated by law as a punishment for illegal conduct or negligence. Under old English law, the release of land by a tenant to the tenant’s lord due to some breach of conduct, or the loss of goods or chattels (articles of personal property) assessed as a penalty against the perpetrator of some crime or offense and as a recompense to the injured party. Forfeiture is a broad term that can be used to describe any loss of property without compen- sation. A forfeiture may be privately arranged. For example, in a contractual relationship , one party may be required to forfeit specified property if the party fails to fulfill its contractual obligations. Courts are often called upon to resolve disputes regarding a forfeiture of property pursuant to a private contract. They may examine these cases to see whether they are fair and not the result of duress, deception, or other nefarious tactics. The forfeitures that inspire the most discussion in the U .S. are those that are exercised by the state or federal government. Congress and state legislature s maintain sta- tutes that allow law enforcement to s eize property on suspicion of certain criminal activity. The property can be forfeited to the government upon conviction. In many cases, forfeiture to the government occurs without criminal prosecution. The general concept of forfeiture in the United States can be traced to the English COMMON LAW, or court decisions. English courts recognized three types of forfeiture: escheat upon attainder, deodand, and statutory forfei- ture. Under the doctrine of escheat upon attainder, a person’s property reverted to the government upon that person’s conviction for a felony or treason. This doctrine was premised on the theory that the sovereign government possessed a superior property interest. The doctrine of deodand, or guilty property, allowed English courts to strip a person of property if the property was involved in a certain offense. This doctrine allowed a court to seize property regardless of the owner’s culpa- bility. For example, if a horse caused the death of a person, the owner would lose that horse, even if he had been completely blameless. The Forfeiture Act allows law enforcement officials to seize property used in or derived from illegal activities, such as purchasing or selling drugs. This New York lot is filled with cars forfeited by a Bronx drug dealer. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 498 FORESEEABILITY . recorded messages, the enhancement of GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 49 6 FORENSIC SCIENCE recorded messages, the use of voiceprints, and other aspects of ELECTRONIC SURVEILLANCE. FURTHER. company’s claim that there was no exception to the Fourth GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 49 4 FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW Amendment’s warrant requirement that autho- rized. the federal government does not GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW 49 3 circumvent the requirements of the Fourth Amendment by using