Evidence Evidence

Direct Vs. Circumstantial Evidence Direct evidence is testimony or other proof which expressly or straight-forwardly proves the existence of a fact. It is evidence which comes from one who speaks directly of his or her own knowledge on the main or ultimate fact to be proved, or who saw or heard the factual matters which are the subject of the testimony. Direct evidence is testimony or other proof which expressly or straight-forwardly proves the existence of a fact. It is evidence which comes from one who speaks directly of his or her own knowledge on the main or ultimate fact to be proved, or who saw or heard the factual matters which are the subject of the testimony. Confession Confession Victim’s statement Victim’s statement Eye witness statements Eye witness statements Circumstantial Evidence : Requires a judge or jury to make an indirect judgment or inference about what happened (more reliable than direct and it is objective). Circumstantial Evidence : Requires a judge or jury to make an indirect judgment or inference about what happened (more reliable than direct and it is objective). Fingerprint Fingerprint Hair Hair Fibers Fibers Direct evidence is different from circumstantial evidence, which is evidence that, without going directly to prove the existence of a fact, gives rise to a logical inference that such fact does exist. Direct evidence is different from circumstantial evidence, which is evidence that, without going directly to prove the existence of a fact, gives rise to a logical inference that such fact does exist.

Physical Vs. Biological Evidence Physical Evidence: Nonliving, inorganic items. Physical Evidence: Nonliving, inorganic items. Fingerprint Fingerprint shoe or tire impressions shoe or tire impressions tool marks tool marks Fibers Fibers Paint Paint Glass Glass Drugs Drugs Firearms Firearms bullet or shell casing bullet or shell casing Documents Documents Explosive Explosive Accelerant Accelerant Chemicals (petroleum byproducts). Chemicals (petroleum byproducts). Biological Evidence: Organics (from humans, plants, or animals) Biological Evidence: Organics (from humans, plants, or animals) Body fluids (blood, semen, saliva, urine) Body fluids (blood, semen, saliva, urine) Botanicals (wood, pollen, plants) Botanicals (wood, pollen, plants) Insects Insects Hair Hair

Reconstructive Evidence Reconstructive Evidence: Helps law officers gain a better grasp of what happened at the crime scene. Helps determine who did what, when, where, and how. Give location of victim and suspect and sequence of events. Reconstructive Evidence: Helps law officers gain a better grasp of what happened at the crime scene. Helps determine who did what, when, where, and how. Give location of victim and suspect and sequence of events. Broken glass Broken glass Pried doors or windows Pried doors or windows Shoe prints Shoe prints Blood splatter Blood splatter Trajectory of bullets Trajectory of bullets

Associative Evidence Associative Evidence: Ties a suspect to the crime scene. Can also prove suspect’s innocence. Associative Evidence: Ties a suspect to the crime scene. Can also prove suspect’s innocence. Fingerprints Fingerprints Footprints Footprints Hair Hair Fibers Fibers Blood Blood Body fluid Body fluid

Individual Vs. Class Characteristics Individual Characteristics: Incriminates one person or a small group. Individual Characteristics: Incriminates one person or a small group. DNA DNA Fingerprint Fingerprint Class Characteristics: Evidence leads to or incriminates a large group of people (used more to exonerate suspect than convict). Class Characteristics: Evidence leads to or incriminates a large group of people (used more to exonerate suspect than convict). Blood type Blood type Type of gun Type of gun

Analyzing Evidence Identification: Determine what an item or substance is. Identification: Determine what an item or substance is. - Is the brown stain really blood? - Is the brown stain really blood? Comparison: Does a suspect or a substance share a common origin with evidence. Is it a “match”? Comparison: Does a suspect or a substance share a common origin with evidence. Is it a “match”? Linkage: Connects a suspect with a person, place or object at scene. Linkage: Connects a suspect with a person, place or object at scene.

Packaging Fibers: Dry trace evidence in druggist's folds, envelopes, and canisters Fibers: Dry trace evidence in druggist's folds, envelopes, and canisters Documents: In plastic covers. Documents: In plastic covers. Liquids: Unbreakable, airtight, sealed and accelerants. Liquids: Unbreakable, airtight, sealed and accelerants. Most Wet Biologicals: Non-air tight containers, to prevent mold, mildew, and decay. Most Wet Biologicals: Non-air tight containers, to prevent mold, mildew, and decay. Evidence Marked With: Evidence Marked With: Name and initials of person who found evidence Name and initials of person who found evidence Case number Case number Name and description Name and description Witnesses if any Witnesses if any Date, time, and location Date, time, and location

Search Warrants Search Warrant: The 4 th amendment of the United States Constitution protects against unreasonable search and seizure. Search Warrant: The 4 th amendment of the United States Constitution protects against unreasonable search and seizure. Warrant must include: time, place, specific items Warrant must include: time, place, specific items Probable cause is needed to obtain a warrant Probable cause is needed to obtain a warrant It must be approved by a judge It must be approved by a judge Steps in obtaining a warrant: 1. Affidavit (location, items, and cause) 2. Preparing warrant (permission to search) 3. Signed by judge Specificity of a Search Warrant: Specificity of a Search Warrant: Specific items (size crucial) Specific items (size crucial) Specific areas (probable location only) Specific areas (probable location only) Any item not mentioned on warrant cannot be seized Any item not mentioned on warrant cannot be seized Search Without Warrant: Search Without Warrant: Emergencies (life in danger, 2 nd entry requires warrant) Emergencies (life in danger, 2 nd entry requires warrant) Eminent destruction of evidence (example: fire) Eminent destruction of evidence (example: fire) Lawful arrest Consent by owner Order of Search: Order of Search: Fingerprints Fingerprints Tool marks and other prints Tool marks and other prints Fibers/hair Fibers/hair Vacuumed areas Vacuumed areas

Created By: Chelsea Ragule