After the Crime is Committed, the Investigation Begins

1. After the Crime is Committed, the Investigation Begins Types of Evidence

2. Evidence • In order for an arrest to be made, evidence must be collected to prove a case. • Evidence is the information that will prove or disprove disputed facts presented in a court of law; • All evidence must be “material” – important and relevant to the case in question; • Evidence is considered relative if it tends to make more or less probable a certain facts pertaining to the crime.

3. Types of Evidence • DIRECT EVIDENCE • Any evidence that directly links the accused to the crime, such as a witness to the crime. • Testimony given by a witness to prove an alleged fact, such as an eyewitness account of what happened; • Can be challenged – why? Because witnesses can be UNRELIABLE. • CIRCUMSTANTIAL EVIDENCE • Indirect evidence that leads to a reasonable inference of the defendant’s guilt • Can include physical evidence left at a crime scene, such as DNA, fibres, documents, fingerprints, etc.

4. SELF-INCRIMINATING • Evidence that would directly or indirectly help to prove the guilt of the person giving the evidence in a different proceeding; • Evidence that a witness has provided in one court cannot be used against him/her in another criminal court case, unless they have perjured themselves. • PRIVILEGED COMMUNICATION • Confidential communications that cannot be required to be presented in court as evidence AGAINST the accused i.e between a husband and wife, doctor and patient, lawyer and client. • If the person giving the confidential information agrees, then the information can be presented; • If the person in the position of power in the relationship, such as the doctor in a doctor-patient relationship, provides the evidence, then the privilege is nullified, and can be used in court.

5. SIMILAR FACT EVIDENCE • Evidence that shows the accused has committed similar offences in the past; • To be used, it must be relevant to the case; • Helps to discredit the accused's past, and can be extremely damaging to the accused's case. • HEARSAY EVIDENCE • Something that someone other than the witness has said or written, i.e. Sam said she heard Kristin say that she killed Jabari. • Is usually inadmissible, however may be admissible if it's being used as proof that statement was actually made, or if the witness is quoting a person was dying, as long as the evidence would have been admitted if the person had lived.

6. OPINION EVIDENCE • Evidence provided by an expert witness regarding specific facts in a case; • Is inadmissible unless the witness is an EXPERT – i.e. Only a car mechanic can give an opinion about the condition of a car’s breaks. • CHARACTER EVIDENCE • Evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence. • The Crown cannot introduce evidence of a person’s bad character UNLESS the defence introduces evidence of a person’s GOOD character first.

7. ELECTRONIC SURVEILLANCE • The use of any electronic device to overhear or record communications between two or more people, such as wiretapping , bugging, and video surveillance; • Any evidence obtained by wiretapping, bugging and video surveillance of a person or his/her property requires a search warrant and a judges authorization; • Video surveillance evidence is admissible without a warrant if its of a public place; • A warrant is also not necessary if the police officer believes and can prove that the situation is an emergency or necessary to prevent a violent act.

8. POLYGRAPH (lie detector) TESTS • Are considered hearsay and inadmissible as evidence, however anything the defendant says during the course of the test may be introduced as evidence. • PHOTOGRAPHS • may be entered if they can be identified as an accurate portrait of the crime scene; • Often the photographer and film processor take the stand to describe how the photographs were taken and processed.

9. CONFESSIONS • An accused person’s acknowledgement that the charge, or some part of the charge, is true. • A confession can be INCULPATORY – an admission, or EXCULPATORY – a denial. • If the confession is not voluntary, it can be rejected. When a question about the admissibility of evidence arises in court, a voir dire is held. A voir dire is a trial within a trial to determine whether or not the evidence is admissible. If there is a jury present, the jury is removed; if the evidence is considered admissible, they are given the opportunity to consider it. If inadmissible, the jury will not be told of the evidence.