More About Evidence

Amanda Knox http://abcnews.go.com/GMA/video/amanda-knoxs-fate-hangs-balance-14600800

http://www.youtube.com/watch?v=WfygAsW9IwA&feature=player_embedded http://www.youtube.com/watch?v=bYEUyyvZ6Lc&feature=player_embedded

Monster of Florence http://www.amazon.com/Monster-Florence-Douglas-Preston/dp/0446581194 http://www.youtube.com/watch?v=WebQA41RA4

Douglas Preston and Lincoln Child http://www.prestonchild.com/

Evidence represents information Used to help establish a fact. inculpatory (supporting guilt) or exculpatory (supporting innocence). There are four broad categories of criminal evidence, each with its own strengths and weaknesses.

Circumstantial evidence Examples: suspect’s opportunity to commit a crime (alibi) his access to commit a crime (special means or knowledge) his motive (financial or psychological). Even if a particular suspect has opportunity, access and motive to commit a crime, in all likelihood, so too do other suspects. *Circumstantial evidence is the weakest proof of a suspect’s guilt.

Testimonial evidence Involves human inferences or interpretation. an eye witness who relies on memory to pick out a suspect from a line-up behavior symptom analysis polygraph/handwriting analysis medical and psychiatric opinions information provided by an informant. While testimonial evidence tends to directly link the suspect to a crime, its accuracy can range from chance levels to within the 90th percentile.

Forensic evidence Describes scientific testing that matches an unknown sample to its source. fingerprints/bitemarks tool marks hair and fiber analysis, DNA/Blood spatter toxicology reports ballistics… Forensic evidence is extremely accurate, but it rarely proves a suspect’s guilt alone. The evidence may indicate that the suspect was at the crime scene, had sex with the victim or that a bullet was fired from a gun owned by the suspect. Unfortunately, it is not always there –like it is on “CSI”

Direct evidence Directly links the suspect to a crime. finding property stolen during a burglary in the back seat of the suspect’s car that was pulled over two blocks from the home that was burglarized. include a surveillance video clearly showing the suspect robbing a clerk or an employee caught smoking marijuana in the company washroom. Direct evidence represents the strongest proof of a suspect’s guilt, but rarely exists.

However , relevant evidence can be admitted in court. Meaning that the evidence must tend to prove something ( be probative) required in the case.  Not only must it be relevant, but the value of the evidence must be sufficient to make the evidence material.

Evidence can be divided into direct or circumstantial. Direct evidence proves the point without the need to draw any conclusions.  For example…….

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.

But …. The jury must also weigh The credibility of the witness…. Is John committing perjury?

However circumstantial evidence… requires the jury to draw a conclusion that some relevant fact occurred. For example…

If 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.

Another classification….  the “system of classifications” divides evidence into two categories: testimonial and real (physical).  Testimonial evidence covers what witnesses say under oath or affirmation.  Real (Physical)evidence includes all types of tangible objects. Blood, DNA etc………. 

So you could have Direct-testimonial evidence Circumstantial-testimonial Direct-Physical Circumstantial-physical…….

There are 3 main substitutes for evidence… The opposing attorneys may agree that a fact exists without proving it to the jury.  This is called a stipulation.  A judge may take official notice of commonly known facts.

Judicial notice is the name for this procedure Presumptions require the jury to draw specific conclusions if basic facts have been established.  In all of these situations the jury is told to assume that fact has been proven when in fact it has not been.  This is done to expedite the trial and, in some cases, to protect strong social policies.

Circumstantial evidence may be used to establish any element of a crime. It is usually weaker than direct evidence because the jury must infer that a fact exist in addition to assessing the credibility of the witness. The jury must also decide the weight to be given to each fact introduced into evidence. 

Circumstantial evidence can be used to show that the defendant had the ability to commit the crime. This is done when the crime is committed in such a manner that the suspect must have had some ability that the average person would not possess. These situations may include special skills, technical knowledge, tools to accomplish the crime, access to the location where the crime occurred, or unusual physical or mental capacity.

 Prior crimes which are very similar to the current one, can be used to infer that the defendant also committed the present crime. The modus operandi needs to be quite distinctive to be used in this manner.

Motive can also be used as circumstantial evidence of guilt. A wide variety of motives can be used in crimes. Some examples are greed, hatred, and jealousy is among the most common.

Prior threats can be used to show that the defendant probably committed the crime. Only fairly recent threats would carry much weight.

Attempts to avoid apprehension after the crime can be used to show guilt these include flight from the crime scene attempts to avoid arrest and intimidating witnesses. The most infamous attempt to avoid arrest occurred involving the white bronco chase and O.J. Simpson.

Possession of the fruits of the crime infers guilt. Sudden wealth can also be used to indicate that a person profited from the crime.

Character witnesses may be called by the defense to establish that the defendant has a good reputation. The inference is that a person with a good character would not commit the crime.