CJ 433- Week 3- Chapter 4
CJ 433- Week 3- Chapter 4 CJ 433
Popular in Evidence Search & Seizure
Popular in Criminal Justice
This 2 page Class Notes was uploaded by Chelsey Smith on Friday September 9, 2016. The Class Notes belongs to CJ 433 at University of Southern Mississippi taught by Robert Whitacre in Fall 2016. Since its upload, it has received 9 views. For similar materials see Evidence Search & Seizure in Criminal Justice at University of Southern Mississippi.
Reviews for CJ 433- Week 3- Chapter 4
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 09/09/16
CJ 433 Evidence, Search and Seizure September 7, 2016 Chapter 4: Forms of Evidence Types of Evidence Real Evidence physical evidence, demonstrative evidence involves summaries or displays and diagrams not collected at the scene Testimonial Evidence words of a witness on a stand Direct Evidence connects individual to crime no inference or reasoning is required to arrive at the conclusion drawn from evidence o Example: witness who sees defendant committing a crime, suspect confesses Circumstantial Evidence loosely connects individual to a crime requires an inference to be made between the evidence and the conclusion drawn from it indirectly proves a fact o Accused’s ability to commit a crime individual has knowledge or skills to commit the crime example: bomb building o Intent/Motive example: recent life insurance policy taken out on deceased, drug dealer vs user based on evidence in possession o Consciousness of Guilt actions that portray a guilty consciousness example: running from the scene of a crime, concealing or destroying evidence o Evidence involving victim evidence made against the victim to give situational background example: selfdefense case where the victim is a bully Rape Shield Law evidence of victim’s promiscuity cannot be used against victim to show innocence of defendant mainly harasses or embarrasses the victim o Evidence involving character of suspect credibility should the witness or suspect be believed? Defining character can be brought up in limited evidence unless defendant raises that issue first such as previous offenses prosecution cannot use definition of character because it focuses on prejudice instead of facts of the current crime Substitutes for Evidence Judicial Notice the use by a court of a fact that has not been proved by ordinary evidence well established facts do not have to be proven by experts has to be indisputable, common knowledge that both parties agree upon establish well known places/ habits example: words and meanings of “need a fix” “hit a lick” Elements of Judicial Notice Indisputable “the earth is round” Common knowledge component “red octagon with stop meaning is known” Ascertainable fact can be looked up “almanac, map, atlas” Presumptions requires someone to draw conclusions, rebuttable example: presumption of sanity, innocence, against suicide, death after a lengthy unexplained absence Infer does not require conclusions to be drawn by jury from facts o Certain inferences are impermissible o Right to remain silent cannot be used as evidence because the defendant exercised their 5 amendment o Right to council fact that defendant asked for a lawyer cannot be brought against th defendant who exercised their 6 amendment Stipulation important in law agreement between attorneys over fact “my client is a convicted felon” so prosecution will not put on evidence against defendant speeds up trial
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'