Types of Evidence - Uplift Education

Types of Evidence - Uplift Education

TYPES OF EVIDENCE 11 August 2014 Evidence Evidence is something that tends to establish or disprove a fact. Types of Evidence Direct evidence Evidence that establishes a fact without the need for logical inference.

Indirect evidence / circumstantial evidence Evidence that only provides a basis for inference about a fact Types of Evidence Direct evidence Evidence that establishes a fact without the need for logical inference. Indirect evidence / circumstantial evidence

Evidence that only provides a basis for inference about a fact Example: Having a blood alcohol of 0.12 is direct Types of Evidence Direct evidence Evidence that establishes a fact without the need for logical inference.

Indirect evidence / circumstantial evidence Evidence that only provides a basis for inference about a fact Example: Leaving a fingerprint at the scene of a Types of Evidence Direct or Indirect? Soil matching a crime location found on a suspects clothing Possession of an illegal substance Video of a person committing a crime Fingerprint at crime scene Fingerprints on the murder weapon

DNA match to skin under victims fingernails Types of Evidence Direct or Indirect? When could argue that fingerprints the murder found weapon are Soilyou matching a crimeonlocation ondirect

a evidence? suspects clothing indirect Possession of an illegal substance direct When could you argue that fingerprints on the murder weapon are Video indirect evidence?of a person committing a crime direct Fingerprint atvictims crime

scene When What about skin under the fingernails? is it direct? When indirect is it indirect? Fingerprints on the murder weapon direct? DNA match to skin under victims fingernails direct(?) ** Some people argue that only eyewitness accounts are direct evidence**

Types of Evidence Testimonial evidence - eye witness account Documentary evidence - records information relevant to a crime Example: audio / video / written documents Physical evidence - any object or material

relevant to a crime Which type of kind evidence? Which of evidence is best? DVD stolen from a store physical Testimonial evidence is the most direct (it requires no

Surveillance video of a robbery logical inference), BUT it can be very unreliable. documentar Crime scene photographs y documentar Problems with Eyewitness Accounts Most cases of wrongful imprisonment are due to mistaken eyewitness identification!

Problems with Eyewitness Accounts Most cases of wrongful imprisonment are due to mistaken eyewitness identification! Eye witnesses may be wrong for many reasons: Age / eyesite / hearing / alcohol or drugs

Problems with Eyewitness Accounts Most cases of wrongful imprisonment are due to mistaken eyewitness identification! Eye witnesses may be wrong for many reasons: Age / eyesite / hearing / alcohol or drugs Stress / fear can focus and alter perceptions Encounters may be brief or take place under

poor conditions Problems with Eyewitness Accounts Most cases of wrongful imprisonment are due to mistaken eyewitness identification! Eye witnesses may be wrong for many reasons: Age / eyesite / hearing / alcohol or drugs Stress / fear can focus and alter perceptions

Encounters may be brief or take place under poor conditions New information may alter memories (It is much more accurate to ask open-ended questions than leading ones i.e. ask what the suspect was wearing, not was he wearing red.) How good of an eye witness are you? Answer the following on paper Do you know the person who came in?

If not, what was the age/height/weight/race? What was he/she wearing? When did he/she come in? How long was he/she here?

With whom did he/she speak, and what did he/she say? What did he/she knock over? What did he/she take? Physical Evidence Although circumstantial, physical evidence is more reliable than eyewitness accounts. With enough physical evidence, a strong case can be made. What can physical evidence show?

It can place a suspect at a the crime scene or with the victim What can physical evidence show? It can place a suspect at a the crime scene or with the victim This is the focus of most investigations. Based on Locards Exchange Principle: Every contact leaves a trace Every time someone goes some where, they leave behind physical evidence, and pick up

trace evidence from their environment. What can physical evidence show? It can place a suspect at a the crime scene or with the victim This is the focus of most investigations. Based on Locards Exchange Principle: Every contact leaves a trace Every time someone goes some where, they leave behind physical evidence, and pick up trace evidence from their environment.

Give me an example What can physical evidence show? It can place a suspect at a the crime scene or with the victim It can help reconstruct a crime (for example, blood splatter can indicate the relative position of two people)

Can guide an investigation / indicate that crime took place (e.g. finding gasoline at a fire indicates arson) Value of Physical Evidence The more unique or individualized a piece of evidence is, the better its probative value the stronger proof it provides. Example: Finding that a suspect has the same brand of duct tape that was used in a crime is ok evidence. BUT, if the torn end of the duct tape used in a crime exactly matches the torn end of the

suspects role, that is much better evidence. Value of Physical Evidence Example: A footprint is found at a crime scene. The size matches a suspect, but its a common size. How can the print be further individualized? Describing Evidence Determine whether each type of evidence listed below is direct or indirect, physical or testimonial. For physical evidence, also describe additional details that might individualize the evidence and/or increase its

probative value. Survelliance camera videotape of a crime Written contract Blood stained clothing Eyewitness account Hair found at the crime scene Closure

What were our objectives and what did we learn? How did we address our unit statement? What was our learner profile trait and how did we demonstrate it? Exit Ticket 1. What is Locards Exchange principle?

Classify each of the following as indirect or direct and as physical, testimonial, or documentary: 2. Boot mark 3. Eye witness account 4. Wire-tap recording 5. Confiscated drugs Extra credit: what does probative value mean? Homework Evidence Quiz next class!

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