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Transcript of Evidence
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Evidence
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What is evidence?
• In the law evidence can be broken down into two categories…– Direct evidence– Physical evidence
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Direct evidence
• Direct evidence is made in the form of a statement made under oath, such as a witness pointing out a person that they believe committed a crime
• We also call this testimonial evidence
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Physical evidence
• Physical evidence is any object or material that is relevant to a crime including small and large tangible objects, and/or smells and odors.
• This evidence is collected by the CSI then processed by a lab technician
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Why is it important?
• Physical evidence can…– Prove a crime has been committed– Corroborate testimony– Link a suspect with a victim or crime scene– Establish the identity of associated persons– Allow reconstruction of events at a crime
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• Evidence can also be broken down more by how much “weight” it carries in court proceedings.
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Indirect evidence
• Indirect evidence is evidence that does not prove a fact; it only establishes a hypothesis based on facts…most evidence falls into this category
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Circumstantial evidence
• Circumstantial evidence implies a fact or event…such as possession of narcotics
• The greater the volume/amount of circumstantial evidence there is the more likely it is that it is factual (probability and statistics.
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What is good evidence?
• The rules of evidence define what evidence is admissible and what evidence is not
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• Material evidence is all evidence that is relevant to a particular crime
• Evidence that proves something in a case is what we call probative.
• You want to convict someone then you better have material evidence that is probative
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Inadmissible evidence
• Hearsay is a form of evidence that is not permissible in court because the person was not under oath when the statement was made
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Credibility
• The expert witness is the person that is the expert in the field of science…they are the presenter of information in court
• Credibility is established through credentials, background, and experience in the topic.
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What makes it admissible?
• There are two court rulings that have largely governed the admissibility of evidence in court– Frye vs. the United
States– Daubert vs. Merrell
Dow Pharmaceutical, Inc.
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The Frye Standard
• The Frye standard states that in order to be probative– Testimony must be given by an expert
witness– The techniques used must have gained
general acceptance within its own field
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The Daubert Ruling
• The Daubert ruling stated that the Frye standard was not an absolute prerequisite for admissibility in court, and that it was the judge that was responsible for determining validity
• The Frye standard was to be used only as a guideline
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Why did it change?
• The Daubert ruling changed the previous Frye standard to help keep up with technological advances in the field.
• The guideline is:– The technique or theory must be testable– The theory must be subject to peer review– Potential error, and rate of error must be stated– The techniques must follow a standard– Consideration of the widespread acceptance, or lack
of, within the scientific community must be taken