Psychology of Homicide Unit II Criminal Evidence

Definitions Evidence-items that could link a person to a crime. The definition is- anything that is used to prove the existence or nonexistence of a fact. The two basic categories are; testimonial and real evidence. Evidence must be more probative than prejudicial, the test is call “fifty percent plus a feather” rule. Contraband-items people may not possess without special license/permit. Fruits of crime-are benefits of the criminal activity. Instrumentality-tools used during the commission of an unlawful act.

The Bill of Rights is the bottom line in our criminal justice system, along with the highest law of the land, the U.S. Constitution.  The Fourth Amendment is the most important right in regards to search and seizure. *A search is an examination by a government agent of a person, place, or thing intended to uncover or detect any evidence, contraband, fruits of a crime or instrumentalities. The U.S. Bill of Rights

The 4th Amendment reads “The right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizure, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or Affirmation, and particularly describing the place to be searched, and the persons to be seized.” The 4th Amendment

Criminal Justice Proof Scale 100% No doubt whatsoever Criminal Justice Proof Scale Proof beyond a reasonable doubt Preponderance of the evidence 50% Reasonable suspicion Suspicion No proof whatsoever 0%

Arrest warrant-seizure of a person with a minimum of probable cause. Search warrant-seizure of items or things *The minimum level of proof is probable cause. Two Basic Warrants

Two Basic Types of Searches Searches with a warrant Searches without a warrant Two Basic Types of Searches

Warrantless Searches Search incidental to an arrest Automobile exception-Carroll v. U.S. Plain view Exigent circumstances-three types; hot pursuit, emergency situations and to prevent the removal and destruction of evidence. Stop and frisk-Terry v. Ohio Consent-must be freely given, must have the authority and knowledge to consent. Abandonment-voluntary relinquishment of a property interest in an item. Inventory

Mnemonic for 8 searches I-llegality A-lways P-oisons E-vidence, C-arefully A-nd I-ntelligently

A rule under which any evidence that is obtained in violation of the accused’s rights will not be admissible in criminal court. Most of the time this rule is applied to evidence that was illegally seized according to the 4th amendment and case laws. The Exclusionary Rule

Fruit of the Poisonous Tree The fruit of the poisonous tree doctrine-Evidence that is acquired through the use of illegally obtained evidence and is therefore inadmissible in court. This doctrine extends the exclusionary rule. (Draw the tree) Fruit of the Poisonous Tree

The good faith exception If law officers were acting in “good faith” when they conducted the illegal search, evidence may be allowed in court to proof the guilt of the accused. The good faith exception

Thank you! Any Questions???