The Role and Documentation of Evidence in Criminal Investigations

Lecture Notes Chapter 3: The Role and Documentation of Evidence in Criminal Investigations Learning Objectives Define the basic distinctions of criminal evidence, including the distinctions between judicial evidence and extrajudicial evidence and those between exculpatory evidence and inculpatory evidence. Explain the various types of evidence, including direct, circumstantial, testimonial, real, documentary, and demonstrative. Identify the functions of evidence and give examples of corpus delicti evidence, corroborative evidence, cumulative evidence, associative evidence, identification evidence, and behavioral evidence. Explain the value and importance of reports in criminal investigations and identify the rules for writing good reports. Annotated Chapter Outline The Basics of Criminal Evidence Judicial and Extrajudicial Evidence Judicial evidence: e vidence that meets the rules of evidence and is admissible in court Extrajudicial evidence: a ny information upon which an investigative decision can be based but the evidence is not allowed in court Exculpatory and Inculpatory Evidence Exculpatory evidence: evidence that tends to exclude a person as the perpetrator Inculpatory evidence: evidence that tends to include a person as the perpetrator Standards of Proof Proof : Proof is certainty that a particular fact, circumstance, or conclusion is true Standards of proof: Different levels or degrees by which uncertainty about a fact can be eliminated See Table 3.1 Probable cause : A standard of proof necessary to justify most searches and to make an arrest Beyond a reasonable doubt: A standard of proof necessary to obtain the conviction of a defendant at trial Reasonable suspicion: A standard of proof necessary for the police to stop and frisk a person Preponderance of the evidence: A standard of proof relevant in civil law and trials Types of Evidence Direct versus Indirect Evidence Direct evidence: e vidence that directly demonstrates a fact; there is no need for inferences or presumptions Indirect evidence: e vidence that requires inferences in order to draw a conclusion; also known as circumstantial evidence Types of circumstantial evidence: Person's physical ability to commit a crime Alibi or lack of alibi MO, or the method in which the crime was committed Existence of an identifiable motive (or lack thereof) If an individual is found to be in possession of the fruits of the crime Existence of prior threats made by the suspect or similar prior behaviors exhibited by the suspect Character witnesses Testimonial, Real, Demonstrative, and Documentary Evidence Testimonial Evidence Testimonial evidence: evidence that is in the form of words spoken in court by a person under oath Lay witnesses: persons who provide testimonial evidence based on facts personally observed Expert witnesses: Persons who provide testimonial evidence based on expert knowledge of a particular issue Hearsay: A form of testimonial evidence that is secondhand or repeated information Serious concerns about the reliability of hearsay : T he person who made the original statement was not under oath and therefore was not obligated to tell the truth . T he person who originally made the statement cannot be cross-examined to test his or her perception, memory, veracity, and ability to be articulate. Exceptions to the hearsay rule: P reviously recorded testimony that was provided under oath and was subject to cross-examination is admissible as hearsay as long as the witness is no longer available. Dying declarations of a victim may be admissible in court through hearsay. Statements made by a defendant can be admitted in court as hearsay . Real Evidence Real evidence : e vidence produced as the direct result of the crime having occurred; it can be held or seen Demonstrative Evidence Demonstrative evidence: t angible objects produced indirectly from a crime that relate to the crime or the perpetrator Documentary Evidence Documentary evidence: e vidence that is in some form of a document The Functions of Evidence Corpus Delicti Evidence Corpus delicti evidence: e vidence that helps establish that a crime occurred Corroborative Evidence Corroborative evidence: e vidence that supplements and strengthens already-existing evidence Cumulative Evidence Cumulative evidence: e vidence that duplicates but does not necessarily strengthen already-existing evidence Associative Evidence Associative evidence: e vidence that links people, places, and things to each other Identi?cation Evidence Identi?cation evidence: e vidence that has as its purpose the identification of a person Behavioral Evidence Behavioral evidence: e vidence that provides a basis on which to identify the type of person who committed a crime Documenting Evidence: The Value and Importance of Investigative Reports Investigative r eports are written documents that contain information relating to a criminal incident and its investigation. Supplementary reports typically consist of a narrative that describes in more detail the leads in the case, the sources of the leads, the results of the leads, and statements from witnesses and suspects. Report writing is an extremely important skill and activity for police officers and detectives. Investigative reports may be read by numerous people for various reasons. E.g. o ther police officers, investigators, supervisors , prosecuting attorneys, defense attorneys, judges, citizens, the media, and others I t is critically important that reports be well written, accurate, complete, and in proper form. Basic rules for writing good reports: Well-organized Factual, specific, and detailed Written in past tense, first person, and active voice Accurate Objective Written in Standard English Simple language use Reporting and record-keeping processes and policies vary considerably across agencies, as do the actual reports completed by investigators.