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Chapter 2 EVIDENCE Chapter 2 My Cousin Vinny  Bricks  &list=PL4D5641820B353A58

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Presentation on theme: "Chapter 2 EVIDENCE Chapter 2 My Cousin Vinny  Bricks  &list=PL4D5641820B353A58"— Presentation transcript:


2 Chapter 2 EVIDENCE

3 Chapter 2 My Cousin Vinny  Bricks  &list=PL4D B353A58 &list=PL4D B353A58  Mr. Timpton   Kendall/Hunt Publishing Company 1

4 Chapter 2 Kendall/Hunt Publishing Company2 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

5 Chapter 2 Kendall/Hunt Publishing Company3 Scientific Admissibility of Scientific Evidence 1993 Daubert v. Dow Admissibility is determined by: ýWhether the theory or technique can be tested ýWhether the science has been offered for peer review ýWhether the rate of error is acceptable ýWhether the method at issue enjoys widespread acceptance. ýWhether the opinion is relevant to the issue Tougher restrictions on scientific evidence than Frye standard if the evidence can be entered into the trial.

6 Chapter 2 Kendall/Hunt Publishing Company 4 Types of Evidence Two general types:  Testimonial  Testimonial  a statement made under oath  Also known as direct evidence or Prima Facie evidence  Physical  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.

7 Chapter 2 Circumstantial Evidence  Circumstantial evidence  Evidence that is based on an inference that connects the evidence to a conclusion or a fact corroborating  Pieces of circumstantial evidence come together to form corroborating evidence

8 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.

9 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

10 Chapter 2 Eyewitness  One who has personally seen someone or something and can bear witness to the fact  Used to help support circumstantial evidence

11 Chapter 2 Kendall/Hunt Publishing Company 9 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

12 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 10

13 Chapter 2 11 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.

14 Chapter 2 Kendall/Hunt Publishing Company 12 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

15 Chapter 2 Kendall/Hunt Publishing Company 13 Classification 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

16 Chapter 2 Kendall/Hunt Publishing Company 14 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

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

18 Chapter 2 Kendall/Hunt Publishing Company 16 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

19 Chapter 2 Associative Evidence 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 17

20 Chapter 2 Kendall/Hunt Publishing Company 18 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

21 Chapter 2 Class or Individual?  The knife?  The fingerprints on the knife?  The blood on the knife?  The DNA on the knife? Kendall/Hunt Publishing Company 19

22 Chapter 2 Class or Individual?  Bite mark? Kendall/Hunt Publishing Company 20

23 Chapter 2 Class or Individual?  Blood on the shoe?  Size of shoe?  Tread pattern?  Actual shoe print? Kendall/Hunt Publishing Company 21

24 Chapter 2 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 22

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