Criminal Evidence – Core Concepts and Terminology

Evidence

  • Evidence – Any means which seeks to prove the truth of a fact in question.
  • Only that evidence which is relevant, material, and lawfully collected may be considered by the jury.

Relevancy

  • Relevancy is the cornerstone of evidence admissibility.
  • Relevancy definition: any material fact or information which tends to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

Materiality

  • Information or matter must also be material and competent.
  • Materiality definition: a requirement for admissibility; it refers to evidence that is logically connected to a fact at issue and includes a consideration of the germaneness of information or testimony and a determination as to its impact on the trial.

Competency

  • Competent evidence is that evidence which is both relevant and material which has no impediment to its admissibility.

Real Evidence

  • Real evidence is any evidence which may be perceived with one of the five senses.
  • Examples include physical items, pictures, trial exhibits, witness testimony either direct or circumstantial.

Circumstantial Evidence

  • Circumstantial evidence – matter, material, or information that requires an inference; or, evidence that indirectly proves or disproves a fact.
  • § Inference is a logical conclusion that the jury may or may not make.

Direct Evidence

  • Direct evidence – that information, material, or matter which proves a fact without the need for inference or presumption.

Prima Facie

  • Evidence in a criminal case that "stands on its face," stands alone, or speaks for itself.
  • The evidence is sufficient enough to prove the case in the absence of substantial evidence to the contrary.
  • Examples include a videotape showing the criminal act being committed and the person or persons involved.

Circumstantial Evidence of Guilt

  • There are many areas in which circumstantial evidence may be used to establish the guilt of the accused:
    • Proof of intent, motive, means, modus operandi, flight to avoid prosecution, and concealment.
  • Conversely, the defense may use the absence of circumstantial evidence to demonstrate its innocence.

Means

  • The ability to commit the offense that is often demonstrated through evidence of special knowledge, physical prowess, or the like.

Motive

  • Reason or circumstance that compels an individual to act.
  • In a criminal case, it is the primary reason or rationale for a defendant's criminal actions.
  • Examples: Revenge, jealousy, or the need for money.

Opportunity

  • A set of circumstances which make the offense possible.

Alibi and Criminal Intent

  • Alibi – Proof of whereabouts; literally, another place.
  • Criminal intent – A necessary element of a crime involving a conscious decision on the part of an individual to engage in an unlawful act.

Consciousness of Guilt

  • Inferred through the introduction of circumstantial evidence, which demonstrates uncustomary behavior, statements, or demeanour by the defendant.

Guilty Actions

  • Jurors expect to see some actions by defendant that suggest guilt, for example:
    • Concealment
    • Sudden wealth
    • Flight to avoid prosecution
    • Threatening of witnesses

Guilty Actions (Admissions by Conduct)

  • Admissions by conduct –
    • Adoptive admissions
    • Admissions by silence
    • Failure to call witnesses or produce evidence and refusal to submit to physical examinations

Guilty Actions (Further Admissions by Conduct)

  • Additional admissions by conduct:
    • Actions taken to obstruct justice
    • Plea negotiations
    • Payment of medical expenses

Guilty Mind

  • In order to sustain a guilty verdict, the state must demonstrate that the accused possessed mens rea or criminal intent.

Guilty Mind – Mens Rea Categories

  • There are four general categories of mens rea that are incorporated into criminal codes:
    • Intentionally (or purposely)
    • Knowingly
    • Recklessly
    • Negligently

Circumstantial Evidence of a Guilty Mind

  • The prosecution may present circumstantial evidence of a guilty mind.
  • This type of evidence can include the modus operandi, character, prior molestation, and prior abuse.

Other Uses of Circumstantial Evidence

  • Inference of possession
  • Automobiles
  • Prior false claims
  • Lack of accident

Inferences That May Not Be Drawn

  • Circumstantial evidence may not be used in those situations in which an individual invokes a right that is guaranteed by the Constitution, extended by a state, or upheld by the Supreme Court.
  • Examples include:
    • Refusal to testify
    • Exercise of right of counsel

Substitutions for Evidence

  • Substitutions for evidence include:
    • Stipulations
    • Presumptions
    • Judicial notice