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Evidence. Evidence. Evidence- Something that tends to establish or disprove a fact. Testimonial- Statement made under oath also known as direct evidence or prima facie evidence. Physical Evidence- any object or material relevant to the crime. (large or small). Eyewitness.
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Evidence • Evidence- Something that tends to establish or disprove a fact. • Testimonial- Statement made under oath also known as direct evidence or prima facie evidence. Physical Evidence- any object or material relevant to the crime. (large or small)
Eyewitness • Stress and fear can sharpen focus making it easier to remember information. • Time between the crime and questioning can affect one’s memory. • New information such as mug shots and leading or suggestive questions can also change ones memory.
Physical Evidence • Buildings, DNA, hair, bodily fluids, guns, shell casings, blood splatter, etc. • Much more reliable than testimonial evidence. • Most evidence does not prove a fact and is called indirect evidence.
Circumstantial Evidence • Implies a fact or event without actually proving it. It is evidence based on a suggestion rather than personal knowledge or observation • Ex- Driver’s BAC if in a car wreck • Driver may be in possession of a controlled substance. The more circumstantial evidence the greater the weight it carries.
Physical Evidence • Can prove a crime has been committed and set the scene for investigation • Can back up witness testimony • Can link a suspect with a victim or with a crime scene • Can determine the identity of people associated with a crime (Fingerprints, DNA, etc) • Allow investigators to reconstruct a crime scene.
Class vs Individual Evidence Individual- Material that can be related to a single source (Fingerprints, DNA Patterns, handwriting, etc) Class- Material that can only be associated with a group of people or a location (Soil, clothing, blood type, etc) Probative value: The way to increase the probative value of class evidence is to find multiple objects to link the suspect to the crime or victim.