Chapter 2
EVIDENCE
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My Cousin Vinny
Bricks https://www.youtube.com/watch?v=uvSTjvDYUk4
&list=PL4D5641820B353A58
Mr. Timpton http://www.youtube.com/watch?v=L0fT3u6w6ks
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Federal Rules of Evidence
In order for evidence to be admissible into a decision, it must be:
Probative actually prove something
Material address an issue that is relevant to the particular crime
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Admissibility of
Scientific Evidence1923 Frye v. United States Scientific evidence is allowed
into the courtroom if it is generally accepted by the relevant scientific community. The Frye standard does not offer any guidance on reliability. The evidence is presented in the trial and the jury decides if it can be used.
1993 Daubert v. DowAdmissibility is determined by: Whether the theory or
technique can be tested Whether the science has been
offered for peer review Whether the rate of error is
acceptable Whether the method at issue
enjoys widespread acceptance. Whether the opinion is relevant
to the issueTougher restrictions on scientific
evidence than Frye standard if the evidence can be entered into the trial.
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Types of Evidence
Two general types: Testimonial a statement made under oath
Also known as direct evidence or Prima Facie evidence
Physical any object or material that is relevant in a crime Also known as indirect evidence / circumstantial evidence. Examples are hair, fiber, fingerprints, documents, blood, soil,
drugs, tool marks, impressions, glass.
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Circumstantial Evidence
Circumstantial evidence Evidence that is based on an inference
that connects the evidence to a conclusion or a fact
Pieces of circumstantial evidence come together to form corroborating evidence
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Direct v. Circumstantial If John testifies that he saw Tom raise a gun and
fire it at Ann and that Ann then fell to the ground, John's testimony is direct evidence that Tom shot Ann. If the jury believes John's testimony, then it must conclude that Tom did in fact shoot Ann.
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Direct v Circumstantial If, however, John testifies that he saw Tom and
Ann go into another room and that he heard Tom say to Ann that he was going to shoot her, heard a shot, and saw Tom leave the room with a smoking gun, then John's testimony is circumstantial evidence from which it can be inferred that Tom shot Ann. The jury must determine whether John's testimony is credible
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Eyewitness
One who has personally seen someone or something and can bear witness to the fact
Used to help support circumstantial evidence
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Reliability of EyewitnessFactors to consider:
Nature of the offense and the situation in which the crime is observed Easier to remember certain characteristics – sex and hair color More serious crimes cause more detailed memories
Characteristics of the witness Children and elders are usually inaccurate eyewitnesses Learning disabilities, mental disorders, influence of drugs or
alcohol, and / or head injury can effect memory recallManner in which the information is retrieved
Eyewitnesses recall more when asked what happened rather than what the offender was wearing
Open ended questions usually have the best results Leading questions (“Was the offender’s shirt red?”) usually lessens the
accuracy of the eyewitness account
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Reliability of Eyewitness
Additional factors: Witness’s prior relationship with the accused
Length of time between the offense and the identification
Any prior identification or failure to identify the defendant
Any prior identification of a person other than the defendant by the eyewitness
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Reconstruction
Physical Evidence is used to answer questions about:
what took place how the victim was killed number of people involved sequence of events
A forensic scientist will compare the questioned or unknown sample with a sample of known origin.
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Value of Physical Evidence
Generally more reliable than testimonial Can prove that a crime has been committed Can corroborate or refute testimony Can link a suspect with a victim or with a crime
scene Can establish the identity of persons associated
with a crime Can allow reconstruction of events of a crime
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Classification ofPhysical Evidence by Nature
Biological—blood, semen, saliva, sweat, tears, hair, bone, tissues, urine, feces, animal material, insects, bacterial, fungal, botanical
Chemical—fibers, glass, soil, gunpowder, metal, mineral, narcotics, drugs, paper, ink, cosmetics, paint, plastic, lubricants, fertilizer
Physical—fingerprints, footprints, shoe prints, handwriting, firearms, tire marks, tool marks, typewriting
Miscellaneous—laundry marks, voice analysis, polygraph, photography, stress evaluation, psycholinguistic analysis, vehicle identification
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Transient EvidenceType of Physical Evidence
Definition: temporary evidence; easily changed or lost; usually observed by the first officer at the scene
Examples : Odor—putrefaction, perfume, gasoline, Temperature—surroundings, car hood, coffee,
water in a bathtub, cadaver Imprints and indentations—footprints, teeth
marks in perishable foods, tire marks on certain surfaces
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Pattern EvidenceType of Physical Evidence
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Definition: produced by direct contact between a person and an object OR between two objects
most are in the form of imprints, indentations, markings, or deposits
Examples : Blood spatter Fire burn pattern Tire marks / skid marks Gun powder residue Modus operandi
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Conditional EvidenceType of Physical Evidence
• Definition: produced by a specific event or action; important in crime scene reconstruction and in determining the set of circumstances or sequence within a particular event
• Examples:• Lighting conditions• Volume of radio• Location of body• Locked doors
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Associative EvidenceType of Physical Evidence
• Definition: items that may associate a victim or suspect with a scene or each other
• Examples:• Address• Driver’s license• Car
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Evidence Characteristics
Class common to a group of objects or persons
Individual can be identified with a particular person or a single source
Blood DNA TypingFingerprints
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Class or Individual?
The knife? The fingerprints on
the knife? The blood on the
knife? The DNA on the
knife?
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Class or Individual?
Bite mark?
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Class or Individual?
Blood on the shoe? Size of shoe? Tread pattern? Actual shoe print?
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Class or Individual?
The broken glass? The broken glass
with respect to the window?
The rock? The rock with respect
to the broken window?
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