Chapter 4- Types Of Evidence Flashcards
What is at issue ?
If the defendant pleads “not guilty,” all facts necessary to establish the crime are “ at issue.”
What is probative value?
Having the effect of proof, tending to prove, or actually proving.
Probative evidence establishes or contributes to proof.
evidence must make it appear that a fact probably occurred
What are probative facts?
They are matters of evidence that make the existence of something more probable or less probable than it would be without them.
What is real evidence (demonstrative, tangible, physical)?
Any evidence that is perceived by the “5” senses also refers to physical objects.
Ex) gun, knives, blood soaked clothing, pictures, images, documents, checks/ ransom notes
What is circumstantial evidence?
Relies on inference being established
- Can be strong in establishing guilt and getting a conviction
What is direct evidence?
Evidence that establishes a fact without an inference
- eyewitness evidence
What is an inference?
A conclusion drawn from the facts
What is testimonial evidence?
Witnesses testify under oath as to what they saw and heard.
- can be used as evidence
What is a stipulation?
An agreement between the opposing attorneys to admit that one or more facts exists.
Ex) in pre trials: written document
Ex) during trial: stated orally for the record
Can jurors base their verdict on stipulations in criminal trials?
Yes they can
What is material evidence ?
Material evidence is evidence that is important to the case-it cannot be too remotely connected to the facts of the case