“ copyright © allyn & bacon 2008 criminal evidence chapter twelve: documentary and scientific...

“Copyright © Allyn & Bacon 2008 “Copyright © Allyn & Bacon 2008

Criminal EvidenceCriminal EvidenceCriminal EvidenceCriminal Evidence

Chapter Twelve: Chapter Twelve: Documentary and Scientific

Evidence

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Exclusion of EvidenceExclusion of Evidence

MotionsMotions: Formal requests submitted to the : Formal requests submitted to the court for a specific ordercourt for a specific order

Motion to excludeMotion to exclude Motion to strikeMotion to strike

Objections: May be extended for a variety of Objections: May be extended for a variety of reasons including, but not limited to: reasons including, but not limited to: irrelevance of material, improper question, irrelevance of material, improper question, speculative, answer calls for hearsay, lack of speculative, answer calls for hearsay, lack of response, etc.response, etc.


Exclusion of EvidenceExclusion of Evidence

Evidence must be:Evidence must be: Material: It could affect the outcome of the legal Material: It could affect the outcome of the legal

proceeding at hand proceeding at hand Competent: Appears truthful and reliable Competent: Appears truthful and reliable Relevancy: Has probative value (determine what Relevancy: Has probative value (determine what

happened) happened) Relevant evidence may be excluded if its Relevant evidence may be excluded if its

probative value is substantially outweighed by probative value is substantially outweighed by the potential for the potential for unfair prejudiceunfair prejudice


RelevancyRelevancyRelevancyRelevancy

FRE 401 defines relevant evidence as evidence “having any tendency to make the existence of any fact that is of consequence to the outcome of the action more probable or less probable than it would be without the evidence.”


Proffering of Physical EvidenceProffering of Physical Evidence First step in the introduction of evidence First step in the introduction of evidence

is marking by the clerk (People’s Exhibit is marking by the clerk (People’s Exhibit “A” Defense Exhibit “1”) “A” Defense Exhibit “1”)

Then presented to the witness for Then presented to the witness for identification and authenticationidentification and authentication

Chain of CustodyChain of Custody must be established must be established that the object in court is the same item that was collected at the crime scene.


Documentary EvidenceDocumentary Evidence

Documentary EvidenceDocumentary Evidence includes a variety of includes a variety of communications, and includes any medium in communications, and includes any medium in which data is collected or information stored.which data is collected or information stored.

Generally speaking, there are four areas of Generally speaking, there are four areas of interest distinct to considerations of interest distinct to considerations of documentary evidencedocumentary evidence

Parol Evidence Rule (Four Corners of Document)Parol Evidence Rule (Four Corners of Document) Best Evidence Rule (Original… Blue vs. Black Ink)Best Evidence Rule (Original… Blue vs. Black Ink) Authentication (It is what it is purported to be) Authentication (It is what it is purported to be) Hearsay (Second Hand out of court statement) Hearsay (Second Hand out of court statement)



Parol Evidence RuleParol Evidence Rule hinges upon the hinges upon the assumption that a written agreement is assumption that a written agreement is the final expression of that agreement. the final expression of that agreement.

Best Evidence RuleBest Evidence Rule provides that provides that secondary evidence, such as copies or secondary evidence, such as copies or facsimiles, are not admissible if the facsimiles, are not admissible if the original is available. original is available.



The “best evidence” or “original The “best evidence” or “original document” rule is codified under the document” rule is codified under the Federal Rules of EvidenceFederal Rules of Evidence



Authentication Authentication takes a variety of forms depending on takes a variety of forms depending on the nature of the proposed document:the nature of the proposed document:

Testimony of witness with knowledge Testimony of witness with knowledge Non-expert opinion on handwriting Non-expert opinion on handwriting Comparison by trier or expert witnessComparison by trier or expert witness Distinctive characteristics Distinctive characteristics Voice identification Voice identification Telephone conversations Telephone conversations Public records or reports Public records or reports Ancient documents Ancient documents Process or System Process or System



Self-Authenticating documentsSelf-Authenticating documents ““Certified” copies of public recordsCertified” copies of public records Official publications of government agenciesOfficial publications of government agencies Newspaper articles or periodicalsNewspaper articles or periodicals Trade inscriptionsTrade inscriptions Business recordsBusiness records Acknowledged documentsAcknowledged documents Commercial paper Commercial paper


Scientific EvidenceScientific Evidence

Scientific EvidenceScientific Evidence: physical evidence : physical evidence which involves theories, processes, which involves theories, processes, experiments, empirical analysis and/or experiments, empirical analysis and/or results of same which requires the results of same which requires the utilization of utilization of expert testimony expert testimony


Physical EvidencePhysical Evidence Questioned DocumentsQuestioned Documents require corroboration require corroboration

to demonstrate the to demonstrate the genuinenessgenuineness or or authenticityauthenticity of the questioned item (requires expert of the questioned item (requires expert testimony).testimony).

Includes:Includes: Handwriting and signature comparisonsHandwriting and signature comparisons Typewriting, printer, and ink analysis / comparisonsTypewriting, printer, and ink analysis / comparisons Indentations, altered, and charred documentsIndentations, altered, and charred documents Computer documents andComputer documents and FingerprintsFingerprints


Physical EvidencePhysical Evidence Voice Recognition: Traditionally, Voice Recognition: Traditionally,

testimony involving this was limited to lay testimony involving this was limited to lay witnesses and their opinions. If recorded, witnesses and their opinions. If recorded, we can conduct comparisons. we can conduct comparisons.

FirearmsFirearms striationsstriations ballistics ballistics trace evidencetrace evidence

DNADNA


Sources of Physical EvidenceSources of Physical EvidenceSources of Physical EvidenceSources of Physical Evidence

The law enforcement officer, or investigator, can find physical evidence in many places and can use it to determine what crime has been committed, to lead to other evidence, to enable the officer to reconstruct the crime, and to assist in convicting the perpetrator.


Where to Look?Where to Look?Where to Look?Where to Look? The most logical

and lucrative place to find physical evidence is at the crime scene. The perpetrator’s person, vehicle, home, place of business, or base of operations, victim’s person are prime sources of evidence.


Kinds of Physical EvidenceKinds of Physical EvidenceKinds of Physical EvidenceKinds of Physical Evidence Fruits of a crime–the items obtained as

a result of the crime. Instrumentalities used in committing the

crime–the objects that the perpetrator used to commit the crime.

Contraband–any item that is illegal for a person to possess.

Evidence of a crime–any object that shows that a crime has been committed.