EvidenceEvidence

Direct Direct Vs. Vs.

Circumstantial EvidenceCircumstantial Evidence Direct evidenceDirect evidence is testimonyis testimony or other proof which expressly or straight-forwardly or other proof which expressly or straight-forwardly

proves the existence of a fact. It is evidence which comes from one who speaks 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 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. who saw or heard the factual matters which are the subject of the testimony.

Confession Confession Victim’s statementVictim’s statement Eye witness statements Eye witness statements

Circumstantial EvidenceCircumstantial Evidence:: Requires a judge or jury to make an indirect Requires a judge or jury to make an indirect judgment or inference about what happened (more reliable than direct and it is judgment or inference about what happened (more reliable than direct and it is objective).objective).

FingerprintFingerprint HairHair FibersFibers

Direct evidence is different from circumstantial evidence, which is evidence that, 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 without going directly to prove the existence of a fact, gives rise to a logical inference that such fact does exist.inference that such fact does exist.

Physical Vs. Biological EvidencePhysical Vs. Biological Evidence Physical Evidence:Physical Evidence: Nonliving, inorganic items. Nonliving, inorganic items.

FingerprintFingerprint shoe or tire impressionsshoe or tire impressions tool markstool marks FibersFibers PaintPaint GlassGlass DrugsDrugs FirearmsFirearms bullet or shell casingbullet or shell casing DocumentsDocuments ExplosiveExplosive AccelerantAccelerant Chemicals (petroleum byproducts). Chemicals (petroleum byproducts).

Biological Evidence:Biological Evidence: Organics (from humans, plants, or animals) 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) InsectsInsects HairHair

Reconstructive EvidenceReconstructive Evidence

Reconstructive Evidence:Reconstructive Evidence: Helps law officers gain a Helps law officers gain a better grasp of what happened at the crime better grasp of what happened at the crime scene. Helps determine who did what, when, scene. Helps determine who did what, when, where, and how. Give location of victim and where, and how. Give location of victim and suspect and sequence of events. suspect and sequence of events.

Broken glassBroken glass Pried doors or windows Pried doors or windows Shoe printsShoe prints Blood splatter Blood splatter Trajectory of bullets Trajectory of bullets

Associative EvidenceAssociative Evidence Associative Evidence:Associative Evidence: Ties a suspect to the Ties a suspect to the

crime scene. Can also prove suspect’s crime scene. Can also prove suspect’s innocence. innocence.

FingerprintsFingerprints FootprintsFootprints HairHair FibersFibers BloodBlood Body fluid Body fluid

Individual Individual Vs. Vs.

Class Characteristics Class Characteristics

Individual Characteristics:Individual Characteristics: Incriminates one person or a Incriminates one person or a small group. small group. DNADNA FingerprintFingerprint

Class Characteristics: Class Characteristics: Evidence leads to or incriminates a Evidence leads to or incriminates a large group of people (used more to exonerate suspect large group of people (used more to exonerate suspect than convict).than convict). Blood typeBlood type Type of gunType of gun

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Analyzing EvidenceAnalyzing Evidence

IdentificationIdentification:: Determine what an item or substance is. Determine what an item or substance is.

- Is the brown stain really blood? - Is the brown stain really blood?

Comparison:Comparison: Does a suspect or a substance share a Does a suspect or a substance share a common origin with evidence. Is it a “match”? common origin with evidence. Is it a “match”?

LinkageLinkage: Connects a suspect with a person, place : Connects a suspect with a person, place or object at sceneor object at scene..

Packaging Packaging Fibers:Fibers: Dry trace evidence in druggist's folds, Dry trace evidence in druggist's folds,

envelopes, and canisters envelopes, and canisters Documents:Documents: In plastic covers. In plastic covers. Liquids:Liquids: Unbreakable, airtight, sealed and Unbreakable, airtight, sealed and

accelerants. accelerants. Most Wet Biologicals:Most Wet Biologicals: Non-air tight containers, to Non-air tight containers, to

prevent mold, mildew, and decay. prevent mold, mildew, and decay.

Evidence Marked With: Evidence Marked With: Name and initials of person who found evidenceName and initials of person who found evidence Case numberCase number Name and descriptionName and description Witnesses if anyWitnesses if any Date, time, and locationDate, time, and location

Search WarrantsSearch Warrants Search Warrant:Search Warrant: The 4 The 4thth amendment of the United States Constitution protects amendment of the United States Constitution protects

against unreasonable search and seizure.against unreasonable search and seizure. Warrant must include: time, place, specific itemsWarrant must include: time, place, specific items Probable cause is needed to obtain a warrantProbable cause is needed to obtain a warrant It must be approved by a judgeIt must be approved by a judge

Steps in obtaining a warrant:Steps in obtaining a warrant:1.1. Affidavit (location, items, and cause)Affidavit (location, items, and cause)2.2. Preparing warrant (permission to search)Preparing warrant (permission to search)3.3. Signed by judge Signed by judge

Specificity of a Search WarrantSpecificity 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 WarrantSearch Without Warrant: : Emergencies (life in danger, 2Emergencies (life in danger, 2ndnd entry requires warrant) entry requires warrant) Eminent destruction of evidence (example: fire)Eminent destruction of evidence (example: fire)

Lawful arrest Lawful arrest Consent by ownerConsent by owner

Order of SearchOrder of Search::

Fingerprints Fingerprints Tool marks and other prints Tool marks and other prints Fibers/hairFibers/hair Vacuumed areas Vacuumed areas

Created By: Chelsea Created By: Chelsea

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