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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...
Evidence• Presenting in court:Chain of custody:-identify evidence found at crime scene-document where found-establish cust...
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 Phar...
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Chapter 5

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Transcript of "Chapter 5"

  1. 1. CRIMINALINVESTIGATIONS AND THE LAW Chapter 5
  2. 2. Evidence• Must be competent: Properly-collected-identified-filed-saved-chain of custody
  3. 3. 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
  4. 4. 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
  5. 5. Evidence• How presented:-who are you presenting to?-clean boxes/containers-labeled correctly-in order
  6. 6. 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
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