Evidence
Direct
Vs.
Circumstantial Evidence
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Direct evidence
is testimony or other proof which expressly or straight-forwardly proves the
existence of a fact. It is evidence which comes from one who speaks directly of his or her own
knowledge on the main or ultimate fact to be proved, or who saw or heard the factual matters
which are the subject of the testimony.
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Circumstantial Evidence: Requires a judge or jury to make an indirect judgment or inference
about what happened (more reliable than direct and it is objective).
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Confession
Victim’s statement
Eye witness statements
Fingerprint
Hair
Fibers
Direct evidence is different from circumstantial evidence, which is evidence that, without going
directly to prove the existence of a fact, gives rise to a logical inference that such fact does exist.
Physical Vs. Biological Evidence
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Physical Evidence: Nonliving, inorganic items.
 Fingerprint
 shoe or tire impressions
 tool marks
 Fibers
 Paint
 Glass
 Drugs
 Firearms
 bullet or shell casing
 Documents
 Explosive
 Accelerant
 Chemicals (petroleum byproducts).
Biological Evidence: Organics (from humans, plants, or animals)
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Body fluids (blood, semen, saliva, urine)
Botanicals (wood, pollen, plants)
Insects
Hair
Reconstructive Evidence
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Reconstructive Evidence: Helps law officers gain a
better grasp of what happened at the crime scene.
Helps determine who did what, when, where, and how.
Give location of victim and suspect and sequence of
events.
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Broken glass
Pried doors or windows
Shoe prints
Blood splatter
Trajectory of bullets
Associative Evidence
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Associative Evidence: Ties a suspect to the
crime scene. Can also prove suspect’s
innocence.
Fingerprints
 Footprints
 Hair
 Fibers
 Blood
 Body fluid
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Individual
Vs.
Class Characteristics
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Individual Characteristics: Incriminates one person or a small
group.
 DNA
 Fingerprint
Class Characteristics: Evidence leads to or incriminates a
large group of people (used more to exonerate suspect than
convict).
 Blood type
 Type of gun
Analyzing Evidence
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Identification: Determine what an item or substance is.
- Is the brown stain really blood?
Comparison: Does a suspect or a substance share a common
origin with evidence. Is it a “match”?
Linkage: Connects a suspect with a person, place or
object at scene.
Packaging
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Fibers: Dry trace evidence in druggist's folds,
envelopes, and canisters
Documents: In plastic covers.
Liquids: Unbreakable, airtight, sealed and accelerants.
Most Wet Biologicals: Non-air tight containers, to
prevent mold, mildew, and decay.
Evidence Marked With:
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Name and initials of person who found evidence
Case number
Name and description
Witnesses if any
Date, time, and location
Search Warrants
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Search Warrant: The 4th amendment of the United States Constitution protects against
unreasonable search and seizure.
Warrant must include: time, place, specific items
Probable cause is needed to obtain a warrant
It must be approved by a judge
Steps in obtaining a warrant:
1.
Affidavit (location, items, and cause)
2.
Preparing warrant (permission to search)
3.
Signed by judge
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Specificity of a Search Warrant:
Specific items (size crucial)
Specific areas (probable location only)
Any item not mentioned on warrant cannot be seized
Search Without Warrant:
Emergencies (life in danger, 2nd entry requires warrant)
Eminent destruction of evidence (example: fire)
Lawful arrest
Consent by owner
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Order of Search:
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Fingerprints
Tool marks and other prints
Fibers/hair
Vacuumed areas
Created By: Chelsea Ragule