0. Chapter 2
Chapter 2
EVIDENCE
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1. Kendall/Hunt Publishing Company
My Cousin Vinny
Bricks
Mr. Timpton
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2. Federal Rules of Evidence
Chapter 1
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
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3. Admissibility of Scientific Evidence
Chapter 1
Admissibility of Scientific Evidence
1923 Frye v. United States
Scientific evidence is allowed into the courtroom if it is generally accepted by the relevant scientific community. The Frye standard does not offer any guidance on reliability. The evidence is presented in the trial and the jury decides if it can be used.
1993 Daubert v. Dow
Admissibility is determined by:
Whether the theory or technique can be tested
Whether the science has been offered for peer review
Whether the rate of error is acceptable
Whether the method at issue enjoys widespread acceptance.
Whether the opinion is relevant to the issue
Tougher restrictions on scientific evidence than Frye standard if the evidence can be entered into the trial.
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4. Kendall/Hunt Publishing Company
Chapter 2
Types of Evidence
Two general types:
Testimonial a statement made under oath
Also known as direct evidence or Prima Facie evidence
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.
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5. Circumstantial Evidence
Chapter 2
Circumstantial Evidence
Circumstantial evidence
Evidence that is based on an inference that connects the evidence to a conclusion or a fact
Pieces of circumstantial evidence come together to form corroborating evidence
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6. Direct v. Circumstantial
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.
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7. Direct v Circumstantial
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
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8. Chapter 2
Eyewitness
One who has personally seen someone or something and can bear witness to the fact
Used to help support circumstantial evidence
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9. Reliability of Eyewitness
Chapter 2
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
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10. Reliability of Eyewitness
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
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11. Chapter 2
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.
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12. Value of Physical Evidence
Chapter 2
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
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13. Classification of Physical Evidence by Nature
Chapter 2
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
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14. Transient Evidence Type of Physical Evidence
Chapter 2
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
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15. Pattern Evidence Type of Physical Evidence
Chapter 2
Pattern Evidence Type of Physical Evidence
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
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16. Conditional Evidence Type of Physical Evidence
Chapter 2
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
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17. Associative Evidence Type of Physical Evidence
Chapter 2
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
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18. Evidence Characteristics
Chapter 2
Evidence Characteristics
Class  common to a group of objects or persons
Individual  can be identified with a particular person or a single source
Fingerprints
Blood DNA Typing
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19. Kendall/Hunt Publishing Company
Class or Individual?
The knife?
The fingerprints on the knife?
The blood on the knife?
The DNA on the knife?
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20. Kendall/Hunt Publishing Company
Class or Individual?
Bite mark?
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21. Kendall/Hunt Publishing Company
Class or Individual?
Blood on the shoe?
Size of shoe?
Tread pattern?
Actual shoe print?
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22. Kendall/Hunt Publishing Company
Class or Individual?
The broken glass?
The broken glass with respect to the window?
The rock?
The rock with respect to the broken window?
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