Flashcards Chapter Review: Introduction to Criminal Evidence

Flashcards covering key definitions and concepts related to criminal evidence, types of evidence, and the impact of the CSI Effect, based on lecture notes.

What are the initial process steps mentioned for handling physical evidence?

Discovery, Identifying, Collecting, and Preparing it for analysis.

What does 'identifying' evidence involve after its discovery?

Determining exactly what the found item is, such as distinguishing human bone from animal bone.

What is testimonial evidence?

Someone saying what they saw, did, heard, or know about an event.

Is testimonial evidence generally considered good and acceptable in the criminal justice system?

Yes, it is generally considered good, acceptable, and powerful evidence, despite potential inaccuracies.

What is documentary evidence?

Evidence that exists in documents, such as deeds to land, court records, or birth certificates.

How can documentary evidence be used in court?

It can be testified about or used to supplement personal testimony.

What is demonstrative evidence?

Evidence that helps illustrate or demonstrate something for the finder of fact, but is not documented or testimonial per se.

Provide examples of demonstrative evidence.

Diagrams of a house, maps, or even a baseball bat used to show what a weapon might look like or how heavy it is.

What is physical evidence?

Tangible, touchable actual things collected at a crime scene, which can be microscopic or very large.

What are the two types of evidence when we talk about directness?

Direct evidence and indirect (circumstantial) evidence.

What is direct evidence?

Evidence that establishes proof without the need for other evidence, such as a video showing a crime occurring.

Can testimonial evidence be direct evidence?

Yes, if a witness directly testifies about seeing the accused commit the act.

What is indirect evidence, also known as circumstantial evidence?

Evidence that tends to incriminate or show guilt/innocence but is not direct proof of the act itself.

Is circumstantial evidence legally as good as direct evidence in the justice system?

Yes, if there is enough circumstantial evidence, a jury is legally bound to find guilt beyond a reasonable doubt.

What is trace evidence?

Extremely small physical evidence that often requires instruments to see and interpret, such as hair, dust, or pollen.

What is prima facie evidence?

Evidence that, by itself, proves someone guilty, often set by statutes.

Provide an example of prima facie evidence.

A blood alcohol content (BAC) of 0.08, which automatically qualifies as drunk driving.

What is associative evidence?

Evidence that links a suspect to a crime or a scene, such as fingerprints, blood, or hair found at a location.

Why might associative evidence sometimes be considered almost meaningless?

If the suspect had a legitimate reason to be at the location (e.g., DNA in a classroom where they attend class daily), it lacks strong probative value.

What term describes evidence that tends to prove guilt or innocence?

Probative evidence.

What is competent evidence?

Evidence that can be legally used in a court of law to prove guilt or innocence, meeting certain standards of value like proper collection, identification, and security.

What is forensic science?

The application of natural sciences to matters of law, particularly in criminal investigation.

How does forensic science help in criminal investigations?

It helps recognize and identify evidence, uses modern technology to narrow down individuals, and brings suspects to justice.

What is the 'CSI Effect'?

A phenomenon depicted in Hollywood that creates a glamorized and impractical image of forensic science.

What is the 'Tech Effect' often categorized under the CSI Effect?

The broad public awareness and familiarity with modern technology's capabilities, which affects juror expectations in a courtroom.

How many jurors, according to a recent poll, expect the prosecution to present scientific evidence?

58% of jurors polled expect to see scientific evidence.

What percentage of jurors expect to see DNA evidence in every criminal case?

42% expect to see DNA evidence in every case.

What percentage of jurors expect to see fingerprint evidence in every criminal case?

56% expect to see fingerprint evidence in every single criminal case.

How does the CSI effect alter defense strategies in court?

Defense attorneys often emphasize the absence of scientific evidence (DNA, fingerprints) to argue their client's innocence, even when ample other evidence exists.

How does immediate cleaning by a sexual assault victim impact physical evidence?

Much, if not all, of the DNA evidence is likely to be gone and probably not usable.