Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Criminal cases with physical evidence
Criminal cases with physical evidence
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Criminal cases with physical evidence
Introduction In a criminal investigation, evidence is the key to the existence of facts or circumstances that can determine the innocence or guilt of an accused during a criminal investigation and trial. There are several categories of evidence that are significant in a criminal investigation, but differ in their forms. These include physical evidence, demonstrative evidence, direct evidence and circumstantial evidence. In this presentation the major types of evidence will be defined, how they are important to an investigation, how they help the triers of fact determine what is credible, and whether overwhelming circumstantial evidence is enough to obtain a conviction. Real evidence or physical evidence is relevant tangible items found …show more content…
This form of evidence needs to be unobjectionable, fair and must accurately recount the witness’s testimony. The probative value of the demonstrative evidence should sufficiently prove something, without creating prejudice in the jury’s minds that would result in an unfair trial for the defendant. Examples of this form of evidence include diagrams of the crime scene including location of physical evidence, position of the victim, sketches, charts, maps, models, reenactments, and other visual aids (Hinderaker & McFarland, …show more content…
(2010, January). Documenting the Crime Scene. An Introduction to Crime Scene Investigation., 8(1). Retrieved from http://www.evidencemagazine.com/index.php?option=com_content&task=view&id=184
Hinderaker, A. & McFarland, I. (2015, June). Demonstrative Evidence under the Rules: The Admissible and Inadmissible. Retrieved from https://www.merchantgould.com/News-Room/Articles/85803/Demonstrative-Evidence-Under-the-Rules-The-Admissable-and-Inadmissable
McShane, J. (2010, April). Physical Evidence is Often the Most Important Evidence. Retrieved from http://www.thetruthaboutforensicscience.com/physical-evidence-is-often-the-most-important-evidence/
M.U.S.E. (2017). Circumstantial Evidence. Retrieved from https://class.aiu-online.com/_layouts/MUSEViewer/Asset.aspx?MID=9011035&aid=9011055
Smith, M. (2011, May). Why Trial Attorneys Need to Know Computer “Animations” Vs. “Simulations” for Evidence. Retrieved from http://cogentlegal.com/blog/2011/05/computer-animations-vs-simulations-for-evidence/
Yeshion, T. (n.d.). The Myths of Circumstantial Evidence. Retrieved from
In addition, the defendant’s erratic behavior that raised suspicion could also be used to prove the burden of proof. The fact that the defendant indicated that his wife was deceased, while she was still alive, can demonstrate that the murder was planned. Moreover, the defendant’s strategic travel to San Diego after Laci’s Peterson body and fetus were discovered and the change in the defendant’s physical appearance can be used to allude to the proof of the defendant’s consciousness of guilt. Also, the items removed from the defendant’s car during the traffic stop, specifically the thousands of dollars in cash, can indicate that the defendant planned to flee the country at some point during his trip to San Diego. Lastly, the chain of events that took place during the period of the victim’s disappearance and the discovery of her body, and the defendant’s secret lover becoming a key witness, was used to strengthen the circumstantial evidence.
In this position paper I have chosen Bloodsworth v. State ~ 76 Md.App. 23, 543 A.2d 382 case to discuss on whether or not the forensic evidence that was submitted for this case should have been admissible or not. To understand whether or not the evidence should be admissible or not we first have to know what the case is about.
Judges make rulings on what evidence may or may not be admitted over the course of a trial and technology impacts the way police collect and process evidence, this is true today as well as during the 1892 trial of Lizzie Borden. The rudimentary practice of evidence collection and processing by police was a critical factor in the acquittal of Lizzie Borden. Fingerprinting had not been introduced into the court system and the absence of an eyewitness left the prosecution with little to work with, this left the prosecution only circumstantial evidence but most if not all of it pointed at the defendant. The Borden home was absent of any signs of forced entry and the traditional signs of a struggle couldn’t be located during the police examination but several gruesome facts indicated Lizzie Borden may have been innocent. Medical evidence as to the method used in the killings pointed toward a “tall man” being the culprit, specifically the nineteen wounds inflicted on Abby Borden were said to have been from a dull edge of an axe.
Kassin, Saul, and Lawrence Wrightsman (Eds.). The Psychology of Evidence and Trial Procedure. Chapter 3. Beverly Hills: Sage Publications, 1985. Print.
Frye is a simple decision where if the scientific community does not generally accept the evidence, the court excludes and rejects the evidence. No questions asked. In contrast to Frye, Daubert offers a remedy to the hole left by the Frye decision to not allow evidence not “generally accepted” by the relevant scientific community. The Daubert decision does not blindly reject new theories, as in the case of Frye, but subjects the new theories to a set of rules upon which the presiding judge will decide on the admissibility of the evidence. In addition, the admissibility of evidence increases with Daubert because it ensures that “the analyses used on physical evidence are valid, reliable, and can be duplicated resulting in the same outcome” (Fish, Miller, Braswell, & Wallace Jr., 2014, p.
Dutelle, Aric W. An Introduction to Crime Scene Investigation. Sudbury, MA: Jones and Bartlett, 2011. Print.
In today’s time, modern Crime Scene Investigation has increased rapidly. From throughout the late 1900’s and in the early 2000’s (Taylor 1). For all of the evidence that they find, a solid foundation has formed over the thousands of years of Crime Scene
The article, “Trial Lawyers Cater to Jurors’ Demands for Visual Evidence,” written by Sylvia Hsieh stresses the importance of visual evidence. Hsieh writes
Observational evidence is what the officer sees, smells, or hears. An officer who observes a suspicious person looking into car windows while carrying a baseball bat late at night would fall into this category. Circumstantial evidence is an accumulation of facts that when viewed together imply that a crime has been committed; it is not direct evidence. An officer may call upon their expertise when gathering evidence. An example would be an officer who can read gang graffiti to conclude that a criminal activity has taken place. Evidence may also be gathered through information, like hearing a call on police radio or receiving a tip from a confidential informant. Some forms of evidence, such as circumstantial, must be supplemented by other types of evidence. However, some sources are strong enough to stand on their
Forensic Science, recognized as Forensics, is the solicitation of science to law to understand evidences for crime investigation. Forensic scientists are investigators that collect evidences at the crime scene and analyse it uses technology to reveal scientific evidence in a range of fields. Physical evidence are included things that can be seen, whether with the naked eye or through the use of magnification or other analytical tools. Some of this evidence is categorized as impression evidence2.In this report I’ll determine the areas of forensic science that are relevant to particular investigation and setting out in what method the forensic science procedures I have recognized that would be useful for the particular crime scene.
Evidence collection is a crucial part of forensics. Its reliability can be compromised by input bias from law
Evidence is a necessary key component to reach a verdict in legal cases. The two major categories of evidence include physical and testimonial evidence. Physical evidence is considered as a tangible object that is able to be associated with the victim or criminal (Mason et al., 2005). Mason et al. (2005) refers to testimonial evidence as an allegation, either written or spoken, provided by the witness or victim. Compared with testimonial evidence, Mason et al. (2005) regards physical evidence as a more reliable source of information because testimonies are subjective to the witness or victim. Testimony relies on accurate recollection of all the events that transpired (Mason et al., 2005). Subjectivity also originates from biased or imprecise perception causing the facts to become distorted. In many cases an expert witness, having vast knowledge and qualifications on the subject, will form an expert testimony without being an actual eyewitness to the crime (Fed. R. Evid. 702). Testimonial evidence in trials of major league athletes usually consists of a combination of eyewitness accounts and formed testimonies by expert witnesses. Examples can be found in major league sports trials of athletes belonging to the National Football League (NFL), Major League Baseball (MLB), the National Basketball Association (NBA) and the National Hockey League (NHL).
Razzaq, N. Z. (2008). Visual Documentation in Crime Scene Investigations. Retrieved June 3, 2011, from http://policelink.monster.com/training/articles/17221-visual-documentation-in-crime-scene-investigations
Evidence is the key element in determining the guilt or innocence of those accused of the crimes against society in a criminal court of law. But in order to understand magnitude and necessity of evidence as a it relates to the criminal justice system one must know what are the five (5) key issues and or points regarding evidence. The first is what truly is evidence is it written documentation, is it expert testimony, is it hearsay (oral uncorroborated statements) in a matter of fact way it can be all just mentioned, none just mentioned, or some just mentioned and others as well. After understanding what "truly" constitutes evidence one must realize how and were evidence can be gathered to have the correct overall view of what is and is not evidence. Third all things that may be evidence may be unusable either in defense or prosecution of the defendant. So it becomes essential to understand the ground rules set forth both on the Federal and State level with regards to what evidence is actually permissible in a court of law. Next, we need to analyze to major issues that have become prevalent in our time regarding evidence in the adversary system and the effect recent rulings have had in dictating what is evidence and more importantly evidence permissible in a court of law. Finally, what effect does the process of obtaining, collecting, and using evidence mean for our adversary model used in the criminal justice system?
A scientific evidence would be considered by the court only when it conforms to the principles of the scientific community.