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Evidence
What is evidence?
• In the law evidence can be broken down into two
  categories…
  – Direct evidence
  – Physical evidence
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
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
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
• Evidence can also be broken down more by how
  much “weight” it carries in court proceedings.
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
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.
What is good evidence?




• The rules of evidence define what evidence is
  admissible and what evidence is not
• 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
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
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.
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.
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
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
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

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Evidence

  • 2. What is evidence? • In the law evidence can be broken down into two categories… – Direct evidence – Physical evidence
  • 3. 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
  • 4. 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
  • 5. 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
  • 6. • Evidence can also be broken down more by how much “weight” it carries in court proceedings.
  • 7. 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
  • 8. 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.
  • 9. What is good evidence? • The rules of evidence define what evidence is admissible and what evidence is not
  • 10. • 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
  • 11. 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
  • 12. 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.
  • 13. 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.
  • 14. 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
  • 15. 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
  • 16. 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