Criminal Evidence

Prepared by Dr. Charles L. FeerDepartment of Criminal JusticeBakersfield College

Aspects of the Criminal Justice System

Participants:Court Room Players

Process:Anatomy of a trial

Evidence of proof:- Circumstantial- Inferences - Presumptions- Stipulations

Court Room Players

Judge Clerk Reporter Bailiff Prosecutor Defense

Attorney Defendant Jury

Anatomy of a Trial Prosecution’s

evidence-in-chief Defense’s

evidence-in-chief Prosecution’s

evidence in rebuttal

Defense’s evidence in rejoinder

Step-by-Step: The Trial Process

Step-by-Step: The Trial Process

Opening Statement Case-in-Chief Direct Examination Cross Examination Motion for Judgment of Acquittal Closing Statements Prosecution’s Rebuttal Statement

Roles in the Trial JUDGE – Determines

the law and instructs the jury.

JURY – Determines the facts from evidence presented in court.

WITNESS – Presents evidence from which the jury determines the facts.

Evidence can be definedin four different ways:

Evidence can be definedin four different ways:

The Lay Person’s Definition The Legal Definition The Technical Definition The Law Enforcement Officer’s

Definition

The Lay Person’sDefinition of Evidence

The Lay Person’sDefinition of Evidence

Evidence is information that people base decisions on and is used as the means by which those facts are proved or disproved.

The Legal Definition of Evidence

The Legal Definition of Evidence

In a legal sense, evidence is any information about the facts of a case, including tangible items, testimony, and documents, photographs, or tapes, which, when presented to the jury at trial, tends to prove or disprove these facts.

The Technical Definitionof Evidence

The Technical Definitionof Evidence

Technically, evidence consists of: Testimony or physical items presented

to the judge and jury that they use to. decide the truth of an assertion, the existence of a fact, and. ultimately the guilt or innocence of

the accused in a criminal case.

The Law Enforcement Officer’s Definition or

View of Evidence.

The Law Enforcement Officer’s Definition or

View of Evidence. Evidence, to the

officer, is: Articles collected at

a crime scene; Items found on a

suspect, or in the suspect's car or home;

Things discovered during investigation.

Evidence of Proof Circumstantial

Inferences

Presumptions

Stipulations

Circumstantial Evidence Evidence which

proves a fact through inference, or logical association with other facts.

Inference

Is the drawing of a conclusion from an observation or series of observations

Presumptions A presumption permits

the fact-finder to conclude that, because a party has introduced evidence that one fact exists ["basic fact"], the jury may conclude that another fact ["presumed fact"] exists, even though the party has not introduced any other evidence of the existence of the presumed fact.

The Supreme Court’sTest for PresumptionsThe Supreme Court’sTest for Presumptions

The Court has declared that, at a minimum, the presumed fact must flow from the basic fact measured by a standard of a preponderance of evidence.

StipulationsStipulations

There are other facts that may be presented during a trial without formal proof being required.

These are facts upon which the parties and their attorneys agree.

This agreement may take place either before or during the trial.

Once agreement has been reached, it will not be necessary to call witnesses to present the facts.

The Funnel Effect of the Standard of Proof

The Spectrum of the Standards of Proof. Can you

tell when each standard applies?

The Spectrum of the Standards of Proof. Can you

tell when each standard applies?

Preponderance of the evidence Mere hunch Reasonable suspicion Probable cause Clear and convincing evidence Absolute certainty Beyond a reasonable doubt

Arrange them in order.See next slide.

Burden of Proof

A Case Law Definitionof Reasonable DoubtA Case Law Definitionof Reasonable Doubt

It is not a mere possible doubt; because everything relating to human affairs is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction of the truth of the charge.

Victor v. Nebraska, 511 U.S. 1 (1994)