Chapter 9 - Crime Scene Inv. - Unit 1- Lesson 1 Flashcards
The Florida Evidence Code
the basic concepts and rules of evidence
Evidence has three basic functions when offered in court:
- to prove or disprove a crime
- to support or undermine other evidence
- to help determine an appropriate sentence
Direct evidence
proves a fact. direct evidence that someone was speeding would be the admission by the driver that they were speeding, speed measurement device results, and testimony from eyewitnesses who saw the driver speeding
Indirect or circumstantial evidence
requires an inference or presumption to establish a fact
Example: the defendant entered the victim’s home around the time of
the crime
Testimonial evidence
is a witness statement that tends to prove or disprove facts about the case. Testimonial evidence is generally less reliable than physical evidence, because people perceive events differently, do not remember accurately, or lie.
Physical or real evidence
refers to actual objects offered to prove or disprove facts about a case
Fruits of a crime
are the objects obtained by the defendant because of committing the crime. An example is money stolen by a bank robber.
Instrumentalities
the items used by the defendant to commit the crime
Contraband
is any property that is illegal for a person to possess
Documentary evidence
is anything written or printed that is offered to prove or disprove facts.
Example: bank records, medical records, or a certified copy of a driving history
Admissibility of evidence
refers to the legal requirements you must meet before a jury can see or hear about the evidence
The admissibility of evidence also depends upon these factors:
- The officer must obtain the evidence legally and preserve it properly.
- The evidence must be relevant to the case.
- The evidence can’t be unfairly prejudicial, confusing, or based on hearsay.
Privileged communication
Examples:
* Communication between a sexual assault counselor and a sexual assault victim,
* Communication between a domestic violence advocate and a domestic violence victim.
These interactions are private, protected, and confidential, and their disclosure cannot be forced