“ Copyright © Allyn & Bacon 2008 Criminal Evidence Chapter Three: Forms of 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

“ Copyright © Allyn & Bacon 2008 Introduction Evidence: any means which seeks to prove the truth of a fact in question Evidence: any means which seeks to prove the truth of a fact in question Only that evidence which is relevant, material, and lawfully collected may be considered by the jury Only that evidence which is relevant, material, and lawfully collected may be considered by the jury

“ Copyright © Allyn & Bacon 2008 Real Evidence Real Evidence is any evidence which may be perceived with one of the five senses Real Evidence is any evidence which may be perceived with one of the five senses examples: physical items, pictures, trial exhibits, witness testimony examples: physical items, pictures, trial exhibits, witness testimony either direct or circumstantial either direct or circumstantial

“ Copyright © Allyn & Bacon 2008 Direct vs. Circumstantial Evidence Circumstantial evidence: evidence, material, or information which requires a presumption or evidence which indirectly proves a fact Circumstantial evidence: evidence, material, or information which requires a presumption or evidence which indirectly proves a fact Direct evidence: is that information, material, or matter which proves a fact without the need for inference or presumption Direct evidence: is that information, material, or matter which proves a fact without the need for inference or presumption

“ Copyright © Allyn & Bacon 2008 Direct vs. Circumstantial Evidence Direct and circumstantial evidence are used to: Direct and circumstantial evidence are used to: demonstrate guilt demonstrate guilt prove the statutory elements of a behavior in question prove the statutory elements of a behavior in question prove mental state, intent, motive, etc. prove mental state, intent, motive, etc.

“ Copyright © Allyn & Bacon 2008 Direct vs. Circumstantial Evidence Circumstantial inferences of guilt Circumstantial inferences of guilt Prosecutors bear no obligation to prove, means, motive, or opportunity in a criminal case Prosecutors bear no obligation to prove, means, motive, or opportunity in a criminal case However, the proof of such may strengthen the government’s case immeasurably However, the proof of such may strengthen the government’s case immeasurably

“ Copyright © Allyn & Bacon 2008 Guilty Actions Jurors expect to see some actions by defendant that suggest guilt, for example: Jurors expect to see some actions by defendant that suggest guilt, for example: Concealment Concealment Sudden Wealth Sudden Wealth Flight to Avoid Prosecution Flight to Avoid Prosecution Threatening of Witnesses Threatening of Witnesses

“ Copyright © Allyn & Bacon 2008 Guilty Actions Admissions by conduct: Admissions by conduct: adoptive admissions adoptive admissions admissions by silence admissions by silence failure to call witnesses or produce evidence and refusal to submit to physical examinations failure to call witnesses or produce evidence and refusal to submit to physical examinations actions taken to obstruct justice actions taken to obstruct justice plea negotiations plea negotiations payment of medical expenses payment of medical expenses

“ Copyright © Allyn & Bacon 2008 Guilty Mind Modus operandi: “method of operation” Modus operandi: “method of operation” Habit: routine Habit: routine Uncharged Crimes Uncharged Crimes Criminal Convictions Criminal Convictions Character: defendant’s character can be questioned only if defendant makes it an issue Character: defendant’s character can be questioned only if defendant makes it an issue Prior Molestation Prior Molestation Prior Abuse Prior Abuse

“ Copyright © Allyn & Bacon 2008 Other Uses – Circumst. Evidence Inference of Possession: physical possession of an item has carried great weight in American courtrooms Inference of Possession: physical possession of an item has carried great weight in American courtrooms Automobiles: most state have implied consent statutes which allow the immediate suspension of driving privileges for individuals who refuse to submit to breathalyzer or road sobriety tests Automobiles: most state have implied consent statutes which allow the immediate suspension of driving privileges for individuals who refuse to submit to breathalyzer or road sobriety tests Prior False Claims: in some cases involving fraud, evidence may be submitted which demonstrates that the accused had previously filed false claims Prior False Claims: in some cases involving fraud, evidence may be submitted which demonstrates that the accused had previously filed false claims

“ Copyright © Allyn & Bacon 2008 Inferences - Not Drawn Although circumstantial evidence may be used to infer guilt in a variety of situations, it may not be used in those situations when an individual invokes a right guaranteed by the Constitution, extended by a state, or upheld by the Supreme Court Although circumstantial evidence may be used to infer guilt in a variety of situations, it may not be used in those situations when an individual invokes a right guaranteed by the Constitution, extended by a state, or upheld by the Supreme Court

“ Copyright © Allyn & Bacon 2008 Inferences - Not Drawn Refusal to Testify Refusal to Testify Miranda Rights Miranda Rights Exercise of Right to Counsel: right to an attorney as guaranteed by the 6th Amendment Exercise of Right to Counsel: right to an attorney as guaranteed by the 6th Amendment

“ Copyright © Allyn & Bacon 2008 Substitutions for Evidence Stipulations: product of an agreement between opposing counsels as to specific facts of the case Stipulations: product of an agreement between opposing counsels as to specific facts of the case Presumption: conclusion or deduction which is required by law Presumption: conclusion or deduction which is required by law conclusive presumptions conclusive presumptions rebuttable presumptions rebuttable presumptions Judicial notice: action taken by the court to make a determination of fact without the formality of examination by a jury Judicial notice: action taken by the court to make a determination of fact without the formality of examination by a jury