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Kendall/Hunt Publishing Company

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0 Chapter 2 Chapter 2 EVIDENCE Kendall/Hunt

1 Kendall/Hunt Publishing Company
My Cousin Vinny Bricks B353A58 Mr. Timpton Kendall/Hunt Publishing Company

2 Federal Rules of Evidence
Chapter 1 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 Kendall/Hunt Publishing Company 2 Kendall/Hunt 2

3 Admissibility of Scientific Evidence
Chapter 1 Admissibility of Scientific Evidence 1923 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. Dow Admissibility 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 issue Tougher restrictions on scientific evidence than Frye standard if the evidence can be entered into the trial. Kendall/Hunt Publishing Company 3 Kendall/Hunt 3

4 Kendall/Hunt Publishing Company
Chapter 2 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. Kendall/Hunt Publishing Company Kendall/Hunt

5 Circumstantial Evidence
Chapter 2 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 Kendall/Hunt

6 Direct v. Circumstantial
Chapter 2 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. Kendall/Hunt

7 Direct v Circumstantial
Chapter 2 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 Kendall/Hunt

8 Chapter 2 Eyewitness One who has personally seen someone or something and can bear witness to the fact Used to help support circumstantial evidence Kendall/Hunt

9 Reliability of Eyewitness
Chapter 2 Reliability of Eyewitness Factors 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 recall Manner 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 Kendall/Hunt Publishing Company Kendall/Hunt

10 Reliability of Eyewitness
Chapter 2 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 Kendall/Hunt Publishing Company Kendall/Hunt

11 Chapter 2 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. Kendall/Hunt

12 Value of Physical Evidence
Chapter 2 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 Kendall/Hunt Publishing Company Kendall/Hunt

13 Classification of Physical Evidence by Nature
Chapter 2 Classification of Physical 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 Kendall/Hunt Publishing Company Kendall/Hunt

14 Transient Evidence Type of Physical Evidence
Chapter 2 Transient Evidence Type 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 Kendall/Hunt Publishing Company Kendall/Hunt

15 Pattern Evidence Type of Physical Evidence
Chapter 2 Pattern Evidence Type of Physical Evidence 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 Kendall/Hunt Publishing Company Kendall/Hunt

16 Conditional Evidence Type of Physical Evidence
Chapter 2 Conditional Evidence Type 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 Kendall/Hunt Publishing Company Kendall/Hunt

17 Associative Evidence Type of Physical Evidence
Chapter 2 Associative Evidence Type of Physical Evidence Definition: items that may associate a victim or suspect with a scene or each other Examples: Address Driver’s license Car Kendall/Hunt Publishing Company Kendall/Hunt

18 Evidence Characteristics
Chapter 2 Evidence Characteristics Class  common to a group of objects or persons Individual  can be identified with a particular person or a single source Fingerprints Blood DNA Typing Kendall/Hunt Publishing Company Kendall/Hunt

19 Kendall/Hunt Publishing Company
Class or Individual? The knife? The fingerprints on the knife? The blood on the knife? The DNA on the knife? Kendall/Hunt Publishing Company

20 Kendall/Hunt Publishing Company
Class or Individual? Bite mark? Kendall/Hunt Publishing Company

21 Kendall/Hunt Publishing Company
Class or Individual? Blood on the shoe? Size of shoe? Tread pattern? Actual shoe print? Kendall/Hunt Publishing Company

22 Kendall/Hunt Publishing Company
Class or Individual? The broken glass? The broken glass with respect to the window? The rock? The rock with respect to the broken window? Kendall/Hunt Publishing Company

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