Chapter 4 Types of Evidence Circumstantial evidence is a very tricky thing. It may seem to point very straight to one thing, but if you shift your own point of view a little, you may find it pointing in an equally uncompromising manner to something entirely different. Sir Arthur Conon Doyle
Featured Case In 2008 Casey Anthony was arrested for the murder of her 2 year old daughter. Some evidence pointed toward her guilt; but all of it was circumstantial. Witnesses for both sides gave contradictory and confusing testimony. After 32 days of deliberation the jury returned a not guilty verdict. How was the evidence utilized to reach this verdict? Was justice done?
Applying the Law Trial by Media The Anthony case was widely publicized. Many people felt there was strong evidence to support her guilt. A jury however starts from the premise of innocence. What fact or facts do you think most strongly pointed to guilt? What fact or facts do you think the jury relied upon to proclaim her innocence?
Learning Objectives Define and describe what is relevant and material evidence. Define what is direct evidence and how it differs from circumstantial evidence. Explain real evidence. Give examples of testimonial evidence. Define stipulations, judicial notice and presumptions, explain how they are used at trial.
Relevant Evidence Defined Evidence that make any fact important to the case, more or less likely. FRE 401 Relevant evidence is probative, it offers some proof a fact did or did not occur. Probative value
Objections and Relevancy Evidence that is not relevant is not admissible. An attorney may object and require the judge to rule on the relevancy of any evidence. If there is no objection, no proof of relevancy need be offered.
Applying the Law What is Relevant? Isn t it true that any information can only help make a decision? Why then is some information kept from the trier of fact? How can a judge not use evidence he has already heard, even if he ruled it irrelevant? Can he simply forget what he heard?
Material Evidence Evidence that has some logical connection to the facts of the trial and effects whether they can be shown to be true or false. Evidence that has no connection is immaterial, and inadmissible.
Exclusion of Relevant Evidence Exclusion of Evidence is a balancing test. Judges look at the impact of the evidence. FRE 403 (Exclusion of Otherwise Relevant Evidence)
Typical Cases of Exclusion Evidence that is unduly prejudicial due to high emotional impact. Prior convictions of crimes not closely related in manner or time to the current case. Evidence that distracts from the main issues at trial.
Cumulative v. Corroborative Cumulative Evidence repeats other evidence or facts. Less likely to be admitted Corroborative Evidence adds new facts and confirms other evidence. More likely to be admitted
Direct Evidence Direct Evidence is evidence that conclusively establishes something as true if it is believed by the jury. Direct evidence of a fact in issue is always relevant.
Circumstantial Evidence Is evidence that indirectly proves a fact. It requires the jury or judge to make an inference or deduction. It is not grounds to object to the admission of evidence simply by stating it is circumstantial.
Inference Defined as a logical conclusion based on a fact or facts. But other logical explanations are possible.
Testimonial Evidence Defined as evidence given by a witness under oath or affirmation. It can occur in court or before court, usually in a deposition. But to be testimonial each must be under oath. Testimonial Evidence is critical.
Real Evidence Defined physical evidence that itself plays a direct part in the incident in question. Including physical evidence, demonstrative evidence and tangible evidence.
Applying the Law Real versus Testimonial Evidence Recently a number of men convicted of crimes have been released when DNA evidence seemed to contradict their conviction. How much weight should testimonial versus real evidence be given? Is real evidence somehow better? What practical standard should we use here?
Substitutes for Evidence Include Stipulations Judicial Notice Presumptions
Stipulations An agreement between the prosecution and defense to admit one or more facts into evidence. Stipulations can be written or oral. Typically they are made before trial, often to simplify or speed up the proceedings.
Judicial Notice Defined A procedure whereby the judge instructs the jury to conclude a fact exists. FRE 201 (Defines Judicial Notice) Often used for state laws or the content of court records.
Presumption Defined A legal inference or assumption that a fact exists based on the known or proven existence of some other fact or group of facts. The basic fact is what is necessary to establish a presumption may exist. The presumed fact is what may be assumed if the basic fact exists.
Figure 4-1 Conclusive, Strong Rebuttable, and Weak Rebuttable Presumptions
Francis v. Franklin 471 US 307 (1985) The defendant was on trial for capital murder. As a prisoner he escaped custody and fled to a private residence. The defendant shot through a closed door, killing the deceased when the victim refused to turn over his car. At trial the defendant s sole defense was that he did not intend to kill. The judge s instruction allowed the jury to presume the intent to kill. The Supreme Court overturned the conviction, such presumptions can NOT be mandatory.
Applying the Law Mens Rea Traditionally for a crime you had to have BOTH the physical act and the mental state of mind (mens rea). However it seems were are moving towards a approach of strict liability. Is the intent to commit an act worth keeping in the criminal law? How much impact should intent have on charges, conviction or punishment?
Limits on Presumptions Three constitutional limits on Presumptions A presumption must be based on a logical assumption rather than mere policy When used by the prosecution, the basic fact must be established beyond a reasonable doubt A presumption cannot shift the burden of proof to the defendant
In re Winship 397 US 358, (1970) During a juvenile hearing the State sought to convict a teenager under a lesser standard of proof. The Supreme court rules that EVERY essential element of a crime must be proved. A presumption of innocence is a foundation of American law.
Types of Presumptions Two general types of presumptions: Rebuttable and Conclusive. Rebuttable may also be divided into strong and weak. For each you need still prove the basic fact before the presumed fact may be considered.
Applying the Law The Hidden Element The elements of crime rarely contain motive as a element, yet it seems critical in finding guilt. Is it likely a person would commit a crime for no reason whatsoever? Does this mean motive has to be proved in order to convict? Does lack of motive mean someone is innocent, or does a strong motive prove guilt?