Administration of Justice 104: Unit 3
Types of Evidence (Direct & Circumstantial)

Unit Objectives: At the completion of this unit the student will:
 

·         Define relevant and material evidence and explain when each is admissible in court.

·         Defined circumstantial evidence and explain how it differs from direct evidence.

·         Explain the difference between testimonial and real evidence.

·         Defined stipulation and judicial notice and explain how each applies in court.

·         Describe presumptions and how they are used in court.

·         Define both direct and circumstantial evidence.

·         Explain how the jury determines the weight to be given to the testimony of each witness.

·         Describe circumstantial evidence which can be used to show modus operandi and to establish motive.

·         Identify situations in which the defendant’s knowledge or skills can be used as circumstantial evidence of guilt.

·         Describe the types of situations in which the defendant’s acts prior to the crime may be used in evidence.

·         Identified situations in which the defendant’s acts after the crime was committed can be used as circumstantial evidence of guilt.

·         Explain when character evidence is admissible at trial and describe how character is established at trial.


Unit Overview

Chapter Three Summary

 Only relevant evidence can be admitted in court.  This means that the evidence must tend to prove something that is required in the case.  Not only must it be relevant, but the value of the evidence must be sufficient to make the evidence material.

 Evidence can be divided into direct or circumstantial.  Direct evidence proves the point without the need to draw any conclusions.  Circumstantial evidence requires the jury to draw a conclusion that some relevant fact occurred.

 And of the system of classifications divides evidence into two categories: testimonial and real.  Testimonial evidence covers what witnesses say under oath or affirmation.  Real evidence includes all types of tangible objects.

 There are three main substitutes for evidence.  The opposing attorneys may agree that a fact exist without proving it to the jury.  This is called a stipulation.  A judge may take official notice of commonly known facts.

 Judicial notice is the name for this procedure.  Presumptions require the jury to draw specific conclusions if basic facts have been established.  In all of these situations the jury is told to assume that fact has been proven when in fact it has not been.  This is done to expedite the trial and, in some cases, to protect strong social policies.

 Key Terms:

Circumstantial evidence, direct evidence, inference, judicial notice, material evidence presumption, real evidence, relevant evidence, stipulation, testimonial evidence

Chapter Four Summary

 Circumstantial evidence may be used to establish any element of a crime. It is usually weaker than direct evidence because the jury must infer that a fact exist in addition to assessing the credibility of the witness. The jury must also decide the weight to be given to each fact introduced into evidence. 

Circumstantial evidence can be used to show that the defendant had the ability to commit the crime. This is done when the crime is committed in such a manner that the suspect must have had some ability that the average person would not possess. These situations may include special skills, technical knowledge, tools to accomplish the crime, access to the location where the crime occurred, or unusual physical or mental capacity.

 Prior crimes, which are very similar to the current one, can be used to infer that the defendant also committed the present crime. The modus operandi needs to be quite distinctive to be used in this manner.

 Motive can also be used as circumstantial evidence of guilt. A wide variety of motives can be used in crimes. Some examples are greed, hatred, and jealousy is among the most common.

 Prior threats can be used to show that the defendant probably committed the crime. Only fairly recent threats would carry much weight.

 Attempts to avoid apprehension after the crime can be used to show guilt these include flight from the crime scene attempts to avoid arrest and intimidating witnesses. The most infamous attempt to avoid arrest occurred involving the white bronco chase and O.J. Simpson.

 Possession of the fruits of the crime infers guilt. Sudden wealth can also be used to indicate that a person profited from the crime.

 Character witnesses may be called by the defense to establish that the defendant has a good reputation. The inference is that a person with a good character would not commit the crime.

Once the defense has placed character in the issue, the prosecution may also call character witnesses. In some crimes, specific character traits may be an issue; if so, I decide the introduced character evidence on the relevant trait. The character of the victim is frequently relevant if self defense is raised. Attacking the character of rape victim is now more restricted than in the past. 

Some defenses may make additional circumstantial evidence relevant. Alleging mistaken identity will make evidence that the defendant committed very similar crimes in the past admissible. Habits and customs may be admissible if they are so firmly established that they are nearly automatic responses. Prior acts may be relevant to show that the current crime was not done by accident or mistake. The fact that a person has previously filed false claims, either to collect for an insurance policy as crime reports, can be used to infer that the current claim is also false.

 There is a strong policy reason, based on judicial and efficiency, to exclude evidence that the defendant attempted to plea bargain that charges or that the defendant withdrew a plea bargain. It is not admissible because allowing this evidence into court would result in many more cases going to trial.

 Key Terms:  

Character, circumstantial evidence, credibility of witnesses, direct evidence, matter of law, modus operandi, reputation, weight of each piece of evidence


Reading Assignment:
Criminal Evidence  Chapter 3 – Types of Evidence, Chapter 4, Direct & Circumstantial Evidence

Web Assignment:

Review the Rules of Evidence Summary. Pay close attention to the links that discuss the following terms listed below: Click here to go to the site.

  • The Four Types of Evidence
  • General Rules of Admissibility
  • Real Evidence
  • Demonstrative Evidence
  • Documentary Evidence
  • Testimonial Evidence
  • Presumptions
  • Judicial Notice and Other Substitutes for Evidence

Writing Assignment

Post responses to the class instructor to the following:

  1. Define relevant and material evidence and explain how they differ.
  2. List two situations where relevant evidence would not be admissible in court.
  3. Define direct and circumstantial evidence and give two examples of each.
  4. Define testimonial and real evidence and give two examples of each.
  5. list three technical skills and three means of accomplishing the crime which can be used as circumstantial evidence. Describe a crime in which each would be relevant.
  6. Define modus operandi. Explain how it may be used as circumstantial evidence.
  7. Can possession of the fruits of the crime or recently acquired wealth be used as circumstantial evidence to infer guilt? Explain.
  8. Under what circumstances is the victim’s character admissible?  Explain.

 

/
Copyright 1997 © DB, Rio Hondo College.
All rights reserved.