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EVIDENCE
ANYTHING THAT IS LEGALLY SUBMITTED TO A COMPETENT TRIER OF FACT AS A MEANS OF ASCERTAINING THE TRUTH OF ANY ALLEGED MATTER UNDER INVESTIGATION.
TRIER OF FACT
THE "TRIER OF FACT" MAY BE EITHER: THE JUDGE, IN THE CASE OF A BENCH TRIAL, OR THE JURY, IN THE CASE OF A JURY TRIAL.
TESTIMONIAL EVIDENCE
GIVEN IN THE FORM OF STATEMENTS MADE UNDER OATH, USUALLY IN RESPONSE TO QUESTIONING.
REAL EVIDENCE
EVIDENCE THAT HAS OBJECTIVE EXISTENCE. IN OTHER WORDS, THIS TYPE OF EVIDENCE HAS SIZE, SHAPE, AND DIMENSION.
PHYSICAL EVIDENCE
ALSO KNOWN AS "REAL EVIDENCE".
DIRECT EVIDENCE
THIS TYPE OF EVIDENCE SUPPORTS A CONCLUSION OF FACT WITHOUT INFERENCE.
CIRCUMSTANTIAL EVIDENCE
THIS TYPE OF EVIDENCE REQUIRES INFERENCE TO CONNECT IT TO A CONCLUSION OF FACT.
ASSOCIATIVE EVIDENCE
EVIDENCE THAT CAN BE ATTRIBUTED TO, OR ASSOCIATED WITH, A SPECIFIC PERSON, PLACE, OR THING, THUS ESTABLISHING INFERRED CONNECTIVITY.
TRACE EVIDENCE
ANY EVIDENCE THAT IS SMALL (I.E., HAIRS, FIBERS, PAINT, GLASS, SOIL), WHICH WOULD REQUIRE MICROSCOPIC ANALYSIS TO IDENTIFY IT.
TRANSFER EVIDENCE
A TYPE OF EVIDENCE THAT IS PASSED FROM ONE ITEM TO ANOTHER, TYPICALLY BECAUSE OF CONTACT OR ACTION.
TRANSIENT EVIDENCE
PHYSICAL EVIDENCE PRESENT AT THE CRIME SCENE THAT IS EITHER FRAGILE OR AT GREAT RISK FOR LOSS, ALTERATION, OR DESTRUCTION IF NOT PROPERLY IDENTIFIED, DOCUMENTED, COLLECTED AND PRESERVED AS SOON AS POSSIBLE.
CLASSIFICATION OF PHYSICAL EVIDENCE
OCCURS WHEN AN ITEM OF EVIDENCE IS ASSIGNED TO A SPECIFIC CLASS WHERE IT BELONGS.
CLASS CHARACTERISTICS
THE CHEMICAL/PHYSICAL PROPERTIES OF THE GROUP.
INDIVIDUALIZATION OF PHYSICAL EVIDENCE
OCCURS WHEN AN ITEM OF EVIDENCE IS ASSIGNED TO A CLASS CONTAINING ONLY ONE MEMBER (I.E., ITSELF).
INDIVIDUAL CHARACTERISTICS
UNIQUE PROPERTIES THAT IDENTIFY AN ITEM OF EVIDENCE.
COURT ORDERS
SEARCH WARRANTS MAY BE REQUIRED TO SEARCH A CRIME SCENE AND/OR FOR THE COLLECTION OF EVIDENCE, SUCH AS BLOOD SAMPLES, HAIR SPECIMEN, TEETH IMPRESSIONS, ETC. FROM A SUSPECT.
Case Law
Dynamic legal principles that may require consultation with the prosecutor's office if there's doubt about what can be collected.
Fruit of the Poisonous Tree
Illegally collected evidence that can be deemed inadmissible in court.
Exigent Circumstances
Conditions under which evidence may be collected without a court order.
Chain of Custody
A process initiated and maintained to ensure the integrity of evidence and to prove that evidence submitted to court is the evidence collected at the scene.
Chain of Evidence
Also known as the chain of custody, it refers to the documentation of the handling of evidence.
Questioned Samples
Samples collected at the crime scene from an unknown or unidentified source and submitted to the laboratory for testing and identification.
Known Samples
Samples from an identified or known source provided to the crime laboratory for comparison to unknown or questioned samples.
Reference Samples
Another term for known samples used for comparison in forensic analysis.
Elimination Samples
Samples taken from individuals who have had legitimate access to a crime scene, used to exclude them from being suspects.
Blank Samples
Samples that do not contain evidence but are collected, packaged, and preserved using the same method as questioned samples.
Appropriate Packaging
General rule of thumb states that plastic bags are not allowed for certain types of evidence, such as blood items and volatile substances.
Contact Evidence
Physical evidence that can place a suspect in contact with the victim or the crime scene.
Identity Establishment
Physical evidence that can establish the identity of persons associated with the crime.
Exoneration
Physical evidence that can exonerate the innocent.
Corroboration
Physical evidence that can corroborate the victim's testimony.
Admissions or Confessions
Suspects confronted with physical evidence may make admissions or confessions.
Reliability of Evidence
Physical evidence may be more reliable than eyewitnesses to a crime.
Jury Expectations
Juries in criminal cases expect physical evidence to be presented.
Negative Evidence
Evidence that may provide useful information about the events that occurred at the scene.