2. “ Copyright © Allyn & Bacon 2008 Criminal Evidence Chapter Twelve: Documentary and Scientific Evidence This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program. Marjie Britz

3. “ Copyright © Allyn & Bacon 2008 Exclusion of Evidence Motions: Formal requests submitted to the court for a specific order Motions: Formal requests submitted to the court for a specific order Motion to exclude Motion to exclude Motion to strike Motion to strike Objections: May be extended for a variety of reasons including, but not limited to: irrelevance of material, improper question, speculative, answer calls for hearsay, lack of response, etc. Objections: May be extended for a variety of reasons including, but not limited to: irrelevance of material, improper question, speculative, answer calls for hearsay, lack of response, etc.

4. “ Copyright © Allyn & Bacon 2008 Exclusion of Evidence Evidence must be: Evidence must be: Material: It could affect the outcome of the legal proceeding at hand Material: It could affect the outcome of the legal proceeding at hand Competent: Appears truthful and reliable Competent: Appears truthful and reliable Relevancy: Has probative value (determine what happened) Relevancy: Has probative value (determine what happened) Relevant evidence may be excluded if its probative value is substantially outweighed by the potential for unfair prejudice Relevant evidence may be excluded if its probative value is substantially outweighed by the potential for unfair prejudice

5. “ Copyright © Allyn & Bacon 2008 RelevancyRelevancy FRE 401 defines relevant evidence as evidence “having any tendency to make the existence of any fact that is of consequence to the outcome of the action more probable or less probable than it would be without the evidence.”

6. “ Copyright © Allyn & Bacon 2008 Proffering of Physical Evidence First step in the introduction of evidence is marking by the clerk (People’s Exhibit “A” Defense Exhibit “1”) First step in the introduction of evidence is marking by the clerk (People’s Exhibit “A” Defense Exhibit “1”) Then presented to the witness for identification and authentication Then presented to the witness for identification and authentication Chain of Custody must be established Chain of Custody must be established that the object in court is the same item that was collected at the crime scene.

7. “ Copyright © Allyn & Bacon 2008 Documentary Evidence Documentary Evidence includes a variety of communications, and includes any medium in which data is collected or information stored. Documentary Evidence includes a variety of communications, and includes any medium in which data is collected or information stored. Generally speaking, there are four areas of interest distinct to considerations of documentary evidence Generally speaking, there are four areas of interest distinct to considerations of documentary evidence Parol Evidence Rule (Four Corners of Document) Parol Evidence Rule (Four Corners of Document) Best Evidence Rule (Original… Blue vs. Black Ink) Best Evidence Rule (Original… Blue vs. Black Ink) Authentication (It is what it is purported to be) Authentication (It is what it is purported to be) Hearsay (Second Hand out of court statement) Hearsay (Second Hand out of court statement)

8. “ Copyright © Allyn & Bacon 2008 Documentary Evidence Parol Evidence Rule hinges upon the assumption that a written agreement is the final expression of that agreement. Parol Evidence Rule hinges upon the assumption that a written agreement is the final expression of that agreement. Best Evidence Rule provides that secondary evidence, such as copies or facsimiles, are not admissible if the original is available. Best Evidence Rule provides that secondary evidence, such as copies or facsimiles, are not admissible if the original is available.

9. “ Copyright © Allyn & Bacon 2008 Documentary Evidence The “best evidence” or “original document” rule is codified under the Federal Rules of Evidence The “best evidence” or “original document” rule is codified under the Federal Rules of Evidence

10. “ Copyright © Allyn & Bacon 2008 Documentary Evidence Authentication takes a variety of forms depending on the nature of the proposed document: Authentication takes a variety of forms depending on the nature of the proposed document: Testimony of witness with knowledge Testimony of witness with knowledge Non-expert opinion on handwriting Non-expert opinion on handwriting Comparison by trier or expert witness Comparison by trier or expert witness Distinctive characteristics Distinctive characteristics Voice identification Voice identification Telephone conversations Telephone conversations Public records or reports Public records or reports Ancient documents Ancient documents Process or System Process or System

11. “ Copyright © Allyn & Bacon 2008 Documentary Evidence Self-Authenticating documents Self-Authenticating documents “Certified” copies of public records “Certified” copies of public records Official publications of government agencies Official publications of government agencies Newspaper articles or periodicals Newspaper articles or periodicals Trade inscriptions Trade inscriptions Business records Business records Acknowledged documents Acknowledged documents Commercial paper Commercial paper

12. “ Copyright © Allyn & Bacon 2008 Scientific Evidence Scientific Evidence: physical evidence which involves theories, processes, experiments, empirical analysis and/or results of same which requires the utilization of expert testimony Scientific Evidence: physical evidence which involves theories, processes, experiments, empirical analysis and/or results of same which requires the utilization of expert testimony

13. “ Copyright © Allyn & Bacon 2008 Physical Evidence Questioned Documents require corroboration to demonstrate the genuineness or authenticity of the questioned item (requires expert testimony). Questioned Documents require corroboration to demonstrate the genuineness or authenticity of the questioned item (requires expert testimony). Includes: Includes: Handwriting and signature comparisons Handwriting and signature comparisons Typewriting, printer, and ink analysis / comparisons Typewriting, printer, and ink analysis / comparisons Indentations, altered, and charred documents Indentations, altered, and charred documents Computer documents and Computer documents and Fingerprints Fingerprints

14. “ Copyright © Allyn & Bacon 2008 Physical Evidence Voice Recognition: Traditionally, testimony involving this was limited to lay witnesses and their opinions. If recorded, we can conduct comparisons. Voice Recognition: Traditionally, testimony involving this was limited to lay witnesses and their opinions. If recorded, we can conduct comparisons. Firearms Firearms striations striations ballistics ballistics trace evidence trace evidence DNA DNA

15. “ Copyright © Allyn & Bacon 2008 Sources of Physical Evidence The law enforcement officer, or investigator, can find physical evidence in many places and can use it to determine what crime has been committed, to lead to other evidence, to enable the officer to reconstruct the crime, and to assist in convicting the perpetrator.

16. “ Copyright © Allyn & Bacon 2008 Where to Look? Where to Look? The most logical and lucrative place to find physical evidence is at the crime scene. The perpetrator’s person, vehicle, home, place of business, or base of operations, victim’s person are prime sources of evidence.

17. “ Copyright © Allyn & Bacon 2008 Kinds of Physical Evidence Fruits of a crime–the items obtained as a result of the crime. Instrumentalities used in committing the crime–the objects that the perpetrator used to commit the crime. Contraband–any item that is illegal for a person to possess. Evidence of a crime–any object that shows that a crime has been committed.