2Physical EvidencePHYSICAL EVIDENCE: An object or material relevant in a crime. A tangible item.a.k.a. Real EvidenceTangible: Perceptible by the senses4 Types of Physical Evidence
3Types of Physical Evidence 1. Circumstantial Evidence: a collection of evidence that implies a fact or event without proving itSupports truth or guilt indirectlyIndirectly meaning more evidence is needed in order to convict a guilty party or proclaim innocenceOver time Circumstantial evidence accumulates into a collection so that each piece corroborates with the other pieces. The pieces then become Corroborating Evidence
4Types of Physical Evidence cont… 2. Corroborating Evidence: Evidence that supports a proposition that is already supported by other evidence
5Circumstantial Evidence Example:A gray Honda was seen swerving back and forthDUI?
6Corroborating Evidence Example (stemming from previous slides):A receipt was found on the back seat of the car. The receipt for the purchase for the bottle of Jack Daniels states that the bottle was purchased on the same day of the crash (5 hours before the crash)
8Types of Physical Evidence 3. Class Evidence: Evidence that has characteristics common to a groupExample: Blue JeansAlthough we can we can take lengths to individualize blue jeans by classifying them by maker, model, size, color shade, etc there are still thousands of people who own the same pair of jeans
9How do we make Class Evidence better? Decrease the PROBATIVE VALUEProbative = supplying proof or evidenceProbative Value Example:A young person was seen leaving a high school parking lot after having been near a car with a broken window. The car’s CD player was missing. The suspect was identified as having brown hair and wearing a white shirt, blue jeans, and dark-colored sneakers. In a school of 1,600 students how common are these characteristics?
10Probative Value An example to try on your own. A victim has been murdered in an office building where a total of 2,700 people work. To prevent the suspect from getting away the entire building is closed off and sealed by police officials. An eye witness says she say a peculiar man from behind who had blonde hair, glasses, and was about 5’10” tall. Using the people in this class how many people out of the 2,700 would fit this description?
11Types of Evidence4. Individual Evidence: Material that can be linked to an individualFingerprintsDNAHandwritingBroken Glass
12Role of Public Opinion“If it bleeds, It leads” (New York Times, July 6, 1997)Fear and Consumption
14DefinitionsCRIME: A specific act of commission or omission in violation of the law, for which a punishment is prescribedLAW: A system of rules and guidelines which are enforced through social institutions to govern behaviorPolicies should control crime by enforcing the law and protect individual rightsAmount of power police officers haveRules judges must follow to decide what is evidencePower of prison wardens to punish inmates.
15Crime Control vs. Due Process These are the two competing models of the administration of criminal justiceOpposing ways of looking a the goals and procedures of the criminal justice systemNo one official or agency functions according to one model or the otherElements from both usedReveals key tensions within criminal processJudge Judy makes $123,000PER EPISODE!!!!!
16Due Process ModelDUE PROCESS: A model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable informationRights of the defendantFormal decision-making proceduresFor Example: Because people are poor observers of events, police and prosecutors are likely to be wrong in presuming a defendant to be guiltyINNOCENT UNTIL PROVEN GUILTYLikely to have a guilty person go free due to a lack of evidence
17Casey Anthony Caylee (3) body found in woods near her home Caught lying about the events that occurred during Caylee’s 31 day disappearanceCar smelled like dead body400 pieces of evidence90 eye witnessesINNOCENT!!!!
18O.J. Simpson Heisman Trophy winner by largest margin in history Hall of Fame Football player was 1st ever to rush for 2,000 yards45 pieces of BLOOD DNA evidence including his blood with Goldman and Nicole Brown’sINNOCENT!!!
19Crime Control ModelCRIME CONTROL: A model of the criminal justice system that assumes that freedom is so important that every effort must be made to repress crime. Emphasizes:EfficiencySpeedFinalityDispose of a high proportion of offendersDue to high crime rates and limited resources, speed and finality or necessaryPromotes bargaining between the state and the accusedGuilty pleas and closed cases
20Peter Limone Massachusetts Conviction 1968-2001 Thirty -three years after being convicted and sentenced to death for a 1965 murder, Peter Limone's conviction has been overturned and the case against him officially dropped. The move came as a result of a Justice Department task force's discovery of compelling new evidence that Limone and his co-defendants Joseph Salvati, Henry Tamelo, and Louis Greco were actually innocent of the murder of Edward Deegan. In 1968, all four were convicted and Limone was sentenced to die in Massachusetts' electric chair, but was spared in 1974 when Massachusetts abolished the death penalty and his sentence was commuted to life in prison. At trial, the main witness against the four men was Joseph Barboza, a hit man cooperating with prosecutors, who later admitted that he had fabricated much of his testimony. The recently revealed FBI documents show that informants had told the FBI before the murder that Deegan would soon be killed and by whom, and a memorandum after the crime listed the men involved. Neither list included Limone, Salvati, Tamelo or Greco.
21Crime and Justice in a Multicultural Society African Americans, Hispanic Americans, and other minorities are subjected to the criminal justice system at much higher rates than the white majorityAfrican Americans account for 1/3 of all the arrestsAfrican Americans account for ½ of all IncarcerationsIncarceration: The state of being confined in prisonSince 1980 the proportion of Hispanic Americans among all inmates in U.S. prisons has more than doubled (7.7%-16%)About 1/3 of all black males in their twenties are under criminal justice supervisionThe crime victimization rate is 260 per 1,000 in Hispanic households versus 144 per 1,000 in non-Hispanic householdsAssault, burglary, larceny, motor vehicle theft, rape, and robberyAmong 100,000 black males aged 15 to 19, 68 will die as a result of a homicide involving a gun, compared with about 6 among 100,000 white males in the same age group
22Question!Are racial and ethnic DISPARITIES such as the ones listed in the previous slide a result of DISCRIMINATION?Disparity: The inequality of treatment of one group by the criminal justice system, compared with the treatment accorded other groups.Can be explained by legitimate factors.Discrimination: Differential treatment of individuals or groups based on race, ethnicity, gender, sexual orientation, or economic status, instead of on their behavior or qualifications
23Racial Disparities Judges and prosecutors take into account MONEY $$$$ Racial Disparities in criminal justice are often explained in one of three ways:1. PEOPLE OF COLOR COMMIT MORE CRIMESSelf report studies show that nearly everyone has committed a crime although most are never caughtDisparities may stem from legitimate factorsJudges and prosecutors take into accountDifferences in serious and petty offensesRepeat and first time offendersSo why the disparity in racial arrests?MONEY $$$$
241. People of Color Commit More Crimes Link between crime and economic disadvantage is significant.46% of African American children are poor39% of Hispanic children are poor16% of White children are poorYou know what else doesn’t help?Most crime in America is Intraracial, not interracial
252. The Criminal Justice System is Racist 29% of rape victims report a black assailant43% of persons arrested for rape are black22.6% of assault victims report a black assailant34% of persons arrested for assault are blackOdds of arrest are higher for African American offendersHigher arrests = Higher incarceration ratesCan this be explained?
262. The Criminal Justice System is Racist cont… Police patrols are more heavily concentrated in poorer areasPoverty and Crime link makes this necessarySo I guess the real question is WHY are African American and Hispanic races on average more poor than White?
273. America is a Racist Society Recent research suggests whites’ approve of police use of force and judicial system is higher than all other racesFederal sentencing guidelines punish users of crack cocaine about 100x more harshly than users of powder cocaine even though the drugs are almost identical.Cocaine much more expensiveBlacks in inner cities tend to use crack cocaine. Whites tend to use powder.Stronger links between UNEMPLOYMENT RATES and IMPRISONMENT RATES than between CRIME RATES and IMPRISONMENT RATES.Blacks are amongst highest in unemployment