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Chapter 5 Chapter 5 Presentation Transcript

  • CRIMINALINVESTIGATIONS AND THE LAW Chapter 5
  • Evidence• Must be competent: Properly-collected-identified-filed-saved-chain of custody
  • Evidence• Types:-Physical-anything real-Direct-establishes proof of fact w/o other evidence’-Indirect-tends to incriminate (circumstantial)Trace-cannot be seen with naked eyePrima facie-established by lawAssociative-links suspect with crimeCorpus delicti-supports elements of crimeProbative-proves guiltExculpatory-proves innocenceMaterial-legitimate influence on caseRelevant-applies to matter in question View slide
  • Evidence• Presenting in court:Chain of custody:-identify evidence found at crime scene-document where found-establish custody from discovery to present location-voluntarily explain any changes occurring in evidence View slide
  • Evidence• How presented:-who are you presenting to?-clean boxes/containers-labeled correctly-in order
  • Evidence• Frye v. US (1923):-scientific evidence-”generally accepted by scientific community”• Daubert v. Merrell Dow Pharmaceuticals (1993):-federal rules of evidence apply-trial judge gatekeepers8.Theory falsifiable/testable9.Peer review/published10.Known error rate11.Standards12.Degree accepted by relevant scientific community