1. AJ 104 Chapter 4 Direct & Circumstantial Evidence

2. Job Hunting??

3. Definitions Direct Evidence Direct evidence is based on personal knowledge or observation of the person testifying No inference/presumption needed. If the jury believes the testimony the facts) it relates to is conclusively established

4. When is direct evidence admissible? If it is legally obtained and is not privileged.

5. Circumstantial Evidence Evidence that indirectly proves a fact. It requires the trier of facts to use an inference or presumption in order to conclude that the fact exists.

6. When is Circumstantial Evidence Admissible? It is admitted at the discretion of the judge The judge considers whether the evidence is relevant and take into consideration other factors (balance, time to present, etc)

7. Weight of Evidence When direct evidence is introduced, the jury’s main function is to decide the credibility of the witness. Two Factors: Demeanor of the witness Likelihood that what the witness said could have happened. You be the jury………

8. What are some ways to test witness credibility? Lack of eye contact Evasive Answers Hostile toward the opposition Conflicting story Prior conviction for perjury

9. Circumstantial Evidence of Ability to Commit Crime In instances that require special skill or knowledge to commit a crime in such a way that the suspect must have some specialized training Safe Cracking Computer Crimes Embezzlement Schemes Counterfeiting (“Catch Me If You Can”)

10. Means to Accomplish Crime The fact that the defendant has the means to accomplish the crime can also be used as circumstantial evidence. The key is accessibility to equipment or location Bomb equipment, lock picks, clear plastic baggies, keys to a business after termination

11. Physical Capacity Can be used to infer guilt Some factors include: Size of suspect, physical attributes, Examples Include: Burglar carrying a heavy bag Small stature person entering a location through a small opening

12. Mental Capacity Mental Capacity is relevant Prevalent when a defendant is pleading NGI or diminished capacity Specific Intent crimes require premeditation also make mental capacity more important Examples of Mental Capacity Defendant developed plot to kill the victim Ransom note Adult suspect behaving like a 7 year-old.

13. Circumstantial Evidence of Intent Circumstantial Evidence is needed to establish intent. There are two common approaches: Modus operandi Method of operation Motive Why did you do it? Greed, Divorce, Freedom, Eliminate a witness

14. Threats The fact that the defendant has threatened to commit a crime is circumstantial evidence if: He/she committed the crime Specific threats carry more weight than vague ones. Threats may also be used in self-defense cases. The standard used is what is reasonable

15. Examples or Relevant Threats After a fight a combatant shouts, “I’ll Kill you for that” Battered wife phones the police advising her husband is going to kill her A bully threatening a student at school

16. Circumstantial Evidence of Guilt The actions of a suspect after a crime has been committed can also be used as circumstantial evidence. Flight to avoid prosecution Bronco Chase Attempts to hide evidence Bloody Knife Possession of stolen property In possession of the bank bag after a robbery Sudden wealth Yesterday walking, today escalade, H2, Attempt to silence witnesses You testify, you die!

17. Character Counts! Character witnesses are called to convince a jury that a person did something that is consistent with his/her character Character – describes what a person’s moral traits are Reputation – describes what other people believe about a person

18. The Use of Character Witnesses Three Situations: 1. The defendant may try to use his/her good name to convince a jury he/she did not commit the crime. 2. Specific character traits of the defendant may be used to infer the defendant’s guilt or innocence 3. Specific character traits of the victim may be used if relevant to the crime

19. Defendant’s Character The prosecution cannot the defendant’s character unless the defendant has placed character at issue Example: Defense calls a member of clergy, prosecution calls the defendant’s business partner

20. Other Character Issues Specific Character Traits of the Defendant Most common in trials for violent crimes Timid, aggressive, reckless etc. “It doesn’t surprise me, or I always knew…” Character Traits of the Victim Most common in cases of self-defense Use to be an issue in rape cases “If you’re single & not a virgin you would consent to having sex with anyone” Dixie Shanahan, Kobe Bryant Case

21. Other Acts Evidence Includes a variety of situations where prior actions of the defendant are relevant to the current case. A judge must decide whether the evidence is relevant, has value, and will not prejudice the defendant

22. Identity Circumstantial is used when an eyewitness claims that he/she saw the defendant commit a crime and the defendant is claiming mistaken identity. Very similar to prior crimes to show modus operandi

23. Habit or Custom - To demonstrate that the defendant had a habit or custom can be used to infer that he/she did it when the crime occurred Neatness, punctuality, spending habits, etc. Lack of Accident – To try and claim the crime was an accident when in reality it wasn’t Prosecution needs to prove otherwise

24. Prior False Claims If a person has previously filed a false claim, it can be inferred that the current claim is false It can be used to discredit a witness Staged traffic accidents, insurance fraud, false police reports, worker’s comp for insurance claims

25. Finally.. Offers to Plead Guilty – Normally, not disclosed to a jury due to the fact that it may be inferred that the defendant is guilty Circumstantial Evidence Involving the Victim – Evidence such as the victim’s injuries can prove a crime occurred. Battered spouses, abused children may allege accident, but x-rays, expert witnesses can prove otherwise.