3 Testimonial EvidenceEyewitness testimony usually given in the form of statements made under oathDependant upon witnesses’ ability to remember facts as they were
4 Factors that Affect Eyewitness Testimony Humans filter out what our minds evaluate to be “unimportant information”.Humans interpret what we see, looking for patterns and making connections.Human memory is affected by the emotional state we are in at any given moment.
12 Analysis of Physical Evidence Class EvidenceThe evidence can be classified or placed into a group with other items having the same general propertiesIndividualized EvidenceItem is unique and be shown to be directly associated with a specific individual sourceClass evidence is valuable because it can exclude many sources/suspects, but only individualized evidence can point directly to a single source/suspect.
13 Is all evidence admissible in a court??? Rules of Evidence
14 The Frye StandardThe Frye v. United States decision set guidelines for determining the admissibility of scientific evidence into the courtroom.To meet the Frye standard, the evidence in question must be “generally accepted” by the scientific community.
15 Frye gets amended… Daubert v. Dow However, in the 1993 case of the U.S. Supreme Court found that the Frye standard was not absolute. Instead, trial judges were given the responsible of determining the admissibility of scientific evidence presented in their courts.
16 How a judge gauges “new science”: The Daubert CriteriaHow a judge gauges “new science”:1) Has the science been tested?2) Has the science has been subject to peer review?3) Has the science been accepted within the scientific community?4) What is the rate of error?
18 To be convincing, photo comparisons must be: In this class, you will convince “the judge” (Mrs. D) by creating photo comparisons:To be convincing, photo comparisons must be:in focus!zoomed in enough to clearly see the features that you are describingclearly labeledaccompanied with a written description below the photo