Transcript Chapter II Ways of Presenting Evidence

Chapter II
Ways of Presenting
Evidence
Established by either Direct or
Circumstantial Evidence
 Some crimes are
 Some crimes are
more often proven
by direct evidence:
 Robbery
 Kidnapping
 Rape
 Domestic Violence
 Aggravated Assault
more often proven
by circumstantial
evidence:
 Murder
 Burglary
 Identity Theft
Direct Evidence:
 Any evidence that directly proves a fact,
without inference or presumption, and
which in itself, if true, conclusively
establisher the fact (410 E.C.)
 Most often involves the testimony of a witness
who personally observed or otherwise perceived a
fact (sound, smell, touch) which is relevant to the
case.
Direct Evidence as Proof:
 Direct evidence of one witness is
sufficient to prove a fact without the
necessity of offering other evidence
 Example – testimony of a rape or child
molest victim, standing alone, could be
sufficient to establish the facts of a crime.
When a Witness Testifies:
 I saw (this)
 I found (this)
 I did (this)
 I recovered (this)
 I heard (this)
 I smelled (this)
 I said (this)
 I wrote (this)
 I was told (this)
 I collected (this)
Circumstantial Evidence
 Circumstantial evidence proves a fact
through inference or logical association
with another fact.
 Fact “A” Exists (already proven through
evidence).
 So the trier of fact should logically conclude that ---
-----
 Fact “B” Exists as well.
Circumstantial Evidence
 FACT A: the defendant’s latent fingerprints were
found at the crime scene.
( established through a technician who recovered
the evidence and an expert witness who compared
and matched the evidence).
 The trier of fact may infer or logically
conclude that -----------
 Fact B: the defendant was present and had
the opportunity to commit the crime.
Circumstantial Evidence
 Fact A: during a search warrant service, indicia of
ownership belonging to the defendant (cancelled
checks, utility bills, rent receipts, photographs,
keys, etc.) were found in the same room as
narcotics packaged for sale.
 the trier of fact may infer or logically conclude that
--------------
 Fact B: the defendant occupied the bedroom and
was is “constructive possession” of the contraband.
Circumstantial Evidence as Proof:
 CA law prohibits a conviction based
upon circumstantial evidence alone,
unless the proven circumstances are not
only consistent with guilt, but also
irreconcilable with any other rational
conclusion of the events.
 This type of evidence could carry
more weight with the trier of fact
than eyewitness testimony (direct
evidence)
CIRCUMSTANTIAL EVIDENCE
Prima Facie Evidence
 Is any evidence which “on its face”
or clearly at “fact value” proves a
fact.
 This evidence is sufficient for proof of a
fact unless it is rebutted by evidence to
the contrary.
 Often associated with proving the
corpus delicti (elements) of a
crime.
 Example – the fact that a person leaves a
restaurant without paying for the meal.
Corroborative Evidence:
 Is that evidence which tends to support
other evidence previously presented.
 Example – the deft’s fingerprints are found on a
windowsill after a attempted rape. As well, a
bloodstain was left when the suspected rapist
apparently cut himself on the latch while crawling
through the window. This stain matches the blood
type of the defendant. One type of physical
evidence corroborates another and
circumstantially establishes the deft’s presence at
the crime scene.
 A conviction cannot be based solely upon
the testimony of an accomplice
 A co-principal in a crime who turns state’s evidence
and testifies against another co-principal, unless it
is corroborated with such other evidence that tends
to connect the deft with the commission of the
offense
Presumptions:
• A presumption is an assumption of fact that
the law requires to be made from another
fact or group of facts, found or otherwise
established in the action (600 E.C.)
• Example – a person not heard from in five years is
presumed to be dead (667 E.C.)
• An unlawful purpose is presumed from knowingly
and willfully doing an unlawful act (general intent
– speeding) or failing to perform a duty required
by law (criminal negligence) as an element of the
offense.
Categories of Presumptions:
 Conclusive – a presumption which the law
demands or directs be made from a given set of facts
which cannot be overcome by evidence to the
contrary.
 These presumptions are for all practical purposes
non-existent in CA criminal evidence.
 Rebuttable Presumption (630 E.C.) – a
presumption that can be made from a given set of
facts which stands unless overcome by evidence
to the contrary. (presumptions in CA criminal
evidence are rebuttable in nature).
 Example:
 Presumption of innocence
 Presumption of sanity
 Children under 14 yrs. are incapable of
committing a crime
 Presumption of witness competency
Inferences:
 Is a deduction of fact that may be logically and
reasonably drawn from another fact or group of
facts, found or otherwise established in the action
(600 E.C.).
 Lifeblood of circumstantial evidence.
 Embedded in the presentation of evidence
(testimony, writings, and material objects).
 The weight to which an inference is entitled is a
matter for the judge or jury to determine.
 Example – when the body of a young woman was found
unclothed, with a broken jaw, and dumped in a remote
irrigation ditch, and inference arises that a rape had
occurred.
 A jury could reasonably infer the crime of rape occurred
through medical testimony showing that vaginal redness
was present.
 “Consciousness of Guilt” (admission by conduct or
implied admission)
 Flight from the crime scene
 Destroying or altering evidence
 Lies concerning one’s involvement in a crime
Judicial Notice:
• Involves matters of common fact, general
•
•
•
•
knowledge, or law that are universally known,
easily referenced, and are not reasonably subject to
dispute.
These facts can be offered into evidence without
adversarial argument.
Saves court time
No need to reinvent the wheel by reproving each
known fact
Judge has the final decision as to whether or not
evidence meets the legal requirements of judicial
notice
1. Matters of general knowledge:
 Liquor is intoxicating
 Diesel fuel is flammable
 Gunpowder is explosive
 Arsenic is poisonous
2. Legal Procedures:
 Constitutional provisions
 Appellate court decisions
 Words and phrases in statutory codes
3. Courses of nature:

Documenting sunset/sunrise

Weather circumstances for establishing wet, icy, or foggy
conditions
4. Scientific facts and principles:

Mathematical formulas for determining speed from skid
marks

Operation of intoxilyzer machine to measure blood
alcohol level (DUI)

DNA analysis meets the Kelly-Frye test for scientific
reliability of evidence
5. Miscellaneous:

Geographic factors

Historical facts

Weights and measures
Stipulations:
 Is a fact (s) upon which counsel (prosecution or
defense) agree can be presented to the trier of fact
without a formal offering of proof being
required.
 Example –
 Qualifications of a medical expert witness
 Competency of a 10 year old child molest victim
 Legality of a detention and arrest
Discovery:
 Is the right of the defense or
prosecution to examine reports, notes,
witness statements, etc, or any other
evidence held by the other side in
preparation for trial
 The Crime Victim’s Justice Reform
Initiative (Prop 115) 1990 –
discovery was made a 2 way
street
Purposes:
 Promote the ascertainment of truth in trials by
requiring timely pretrial discovery
 Save court time
 Protect victims and witnesses from danger,
harassment, and undue delay of proceedings.
 Mutual disclosure of information shall be
made 30 days prior to trial unless “good cause”
exists.
 Prosecution’s duty to disclose – extends to all
evidence that reasonably appears favorable
to the accused
 Defense duty to disclose – all information
regarding witnesses, statements of same,
statements & reports from experts, results of
scientific tests and lists of real evidence.
 Failure to comply – court can apply sanctions to
either side. Could be held in contempt and
evidence could be excluded
Pitchess Motion: (1538.5)
 Discovery of peace officer personnel
records.
 Deft has the right to discover names of persons
who have filed past citizen complaints against
an officer, include:
 Use of force
 Unlawful arrest
 Illegal search
 Falsification of police reports
 Etc
 Judge determines what is relevant to current case,
defense must lay a foundation & show good cause
In-Camera Hearing:
 If the Pitchess motion is granted –
Is held outside the presence of both
counsel
Judge reviews any complaints in
the personal file
If relevant info. is found judge will order
release to the defense
Defense not entitled to records over 5
years old without showing of
exculpatory value (evidence tending to
prove guiltless or blameless)