AJ 104 Chapter 3
Types of Evidence
1. Relevant Evidence
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Any evidence that tends to prove or
disprove any disputed fact in the case.
Relevant evidence needs to show that it
is more probable that the fact exists
than it appeared before the evidence
was introduced.
No single piece of evidence has to make
a fact appear more probable than not.
Examples of Relevant
Evidence
1.
2.
3.
4.
5.
Defendant’s fingerprints on the murder
weapon
Defendant was the last person seen with the
victim before her death
Defendant was the beneficiary of a large
insurance policy
Defendant had previously threatened to kill
the victim
Defendant disappeared the day after the
victim died
Keys to Relevancy
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Is it “at issue”
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Can it be used to establish the elements
Guilt beyond as reasonable doubt
The facts necessary to establish defense
are at issue as well
Admissibility
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Only relevant evidence is admitted in court
Probative value (evidence must make it
appear that a fact probably occurred)
Relevant Evidence - Material
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Two definitions:
Evidence is material if it is logically
connected with some fact that is “at
issue”
Material evidence is evidence that is
important to the case-it cannot be too
remotely connected to the facts of the
case
Evidence is Relevant if:
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It must be relevant to some fact that is
at issue
It must have more than just a remote
connection to the fact
Evidence is not relevant if
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It does not have probative value
Unduly prejudicial due to its emotional
impact on the jury
Arouses hostility or sympathy toward
either side
Prior convictions is usually not
admissible
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(during the case-in-chief)
Evidence that may distract the jury
Admissible or Not?
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Photos of a murder victim would be
considered relevant
A laboratory test that only shows a low
probability of having the same disease
A witness testifying to impeach
someone who has already testified
Cumulative Evidence
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Evidence that restates what has already
been admitted into evidence
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This type of evidence may also be excluded
If ten eyewitnesses are called to testify
to the same thing, after the first
witnesses, the judge is likely to sustain
an objection that the evidence is
“cumulative”
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Multiple witnesses may be called to
corroborate.
Corroborative Evidence
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Supports prior testimony by providing
additional evidence without merely
duplicating it.
Limited admissibility – evidence may be
relevant if introduced for one purpose
but irrelevant for some other purpose.
Example of Corroboration
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Jane testified that she was at Beverly & Peck
(holler-back girl) Road at midnight on Sept. 9th
when she saw a red corvette speed past. As it
went by someone threw an apparently empty
bank bag out of the window.
Paul testified that he walked across the street at
Beverly & Peck at 11:55 p.m. on his way to the
liquor store and there was nothing unusual on the
ground. On his way home 10 minutes later, he
found an empty bank bag in the streets.
Relevant or Not?
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Witness to bank robbery wrote down
the license number of a car used in a
crime. The records show that the
defendant owned the car with the same
license.
Five minutes after a theft, the
defendant was stopped near the scene.
Defendant had a unique ring in her
pocket that had been taken in the theft.
Relevant or not?
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In a rape trial, the defendant has
admitted that he had sexual intercourse
with the victim. His defense is based his
claim that the victim consented to the
sexual encounter.
The prosecutor wants to admit evidence
that the defendant matches the physical
description given to the police by the
victim immediately after the crime.
Direct Evidence
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Direct Evidence
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Based on personal knowledge or
observation of the person testifying. No
inference or presumption is needed. If the
testimony is believed by the jury, the fact it
relates to is conclusively established.
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Always Relevant
“I saw the defendant shoot the
victim….”
Circumstantial Evidence
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Circumstantial evidence indirectly
proves a fact. It requires the trier of
fact to use an inference or presumption
in order to conclude that the fact exists.
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Based upon “inference”
Jury must make a presumption (more on
this later)
It can be strong enough to convict or
weak enough to acquit.
Examples
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The defendant was seen running from
the scene immediately after the crime
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The defendant was the only person who
knew the combination to the safe
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Inference?
Inference
The victim had a reputation for being a
bully
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Inference
Examples
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Eyewitness saw the defendant put
poison in the food.
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Inference?
Eyewitness saw the defendant fire the
weapon
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Inference?
Testimonial Evidence
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Evidence that is given by a competent
witness while testifying under oath or
affirmation in a court proceeding.
The evidence is introduced on the
witness stand.
“Do you swear or affirm the testimony
you are able to give is the truth, whole
truth, and nothing but the truth?”
Confused?
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Real Evidence
Physical Evidence
Demonstrative Evidence
Tangible Evidence
Documentary Evidence
Various authors define one term to
include the others. The above terms are
frequently used and interchangeable.
Real Evidence
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Anything except testimonial evidence
that can be perceived with the five
senses that tends to prove a fact that
is at issue.
Examples of Real Evidence
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Physical Items: Guns, Knives,
Clothing
Documents: Checks, Contracts,
Letters, Notes, Deeds, Wills, Fingerprint
Cards, Computer Files
Exhibits: Models, Scales, Drawings,
Charts
Pictures: Still Photos, Videos, Digital
Images, Photocopies, X-Ray films
Substitutes for Evidence
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Situations in which the jury is
specifically told what facts to believe
rather than having the opposing sides
introduce evidence on the issue.
1.
2.
3.
Stipulations
Judicial Notice
Presumptions
Don’t Instigate, Stipulate
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A stipulation is:
An agreement between the opposing
attorneys to admit that one or more
facts exists is called a stipulation.
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Pre-trial, a written document
During trial, stated orally for the record.
Why Stipulate?
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Knowledge – One side knows what the
other side can easily prove the facts
involved.
Prejudice – The facts would prejudice
the jury against the defendant
Time Consuming – Both sides agree
that proving small details would be time
consuming, therefore will stipulate.
Examples of Stipulations
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In a drunk driving case, it may be
stipulated that the ER staff used proper
techniques in taking the blood sample
from the defendant.
The event occurred at 10:00 p.m. Both
sides stipulate that the crime occurred
at night.
Judicial Notice
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A procedure where the judge on their
authority advises the jury to conclude a
fact exists.
Once advised by the judge, the jury is
required to follow instructions.
Also referred as “commonly known
facts”
Examples of Judicial Notice
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Codified Laws: US Constitution, State
Constitution, state laws
Court Records
Scientific Facts: Temps, sunrise/sunset,
radar equipment
Local Facts: Which cities are in the
court district, landmarks, streets that
run north/south, etc.
Presumptions
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A conclusion which the law requires the
jury to draw from facts that have been
established at trial.
The judge instructs the jurors when
they are to se a presumption
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Based upon a logical assumption
Must be established beyond a reasonable
doubt
Two Types of Presumptions
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Rebuttable
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Strong
Weak
Conclusive
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Social policy is strongest
No one is allowed to refute the existence of
a presumed fact
There are few conclusive presumptions
Conclusive Presumption
Basic Fact
Presumed Fact
Opposing side may attack basic fact but may
not attack presumed fact
Strong Rebuttable
Presumption
Basic Fact
Fact
Presumed
Opposing side may attack either the basic fact
but or the presumed fact.
Weak Rebuttable Presumption
Basic Fact
Presumed Fact
If opposing side introduced evidence to disprove any
part of the presumption, the jury will not be told
about the presumption.
Review Questions
1.
2.
3.
4.
Define relevant and material evidence and
explain how they differ.
List two situations where relevant evidence
would not be admissible in court.
Define direct and circumstantial evidence
and give two examples of each.
Define testimonial and real evidence and
give two examples of each.
Review Questions
5.
6.
7.
8.
Compare and contrast stipulation and
judicial notice, and give two examples of
facts that could be judicially noticed
Define inference, and give an example of its
application
Differentiate between a rebuttable
presumption and a conclusive presumption
Give an example of a conclusive
presumption and a rebuttable presumption
Vocabulary Terms
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At Issue
Circumstantial
Evidence
Documentary
Evidence
Material Evidence
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Probative Value
Substitutes for
Evidence
Testimonial Evidence
Cumulative Evidence
Corroborative
Evidence