RI LEO Official Manual: Evidence & Testimony Flashcards
What is “Direct Evidence”?
Witnesses actual knowledge of a fact. Such as eyewitness, statements by witnesses to facts of the case (Their 5 senses)
What is “Circumstantial Evidence”?
When a witness describes a chain of events which leads to conclusions. Examples: same size foot print left a scene. Or testimony of seeing suspect in the area at about the time of a crime.
What is “Real Evidence”?
Objects like a knife, gun, hair or clothing related to the crime.
What is a “Dying Declaration”?
In a homicide case, where a victim is able to make a statement prior to their death and may be admitted in court. Must express exactly what is said and must establish the victim did indeed believe they were going to die.
What are “Excited Utterances”?
Statements made about an event while the witness is under stress of the excitement caused by the event or condition. In order to qualify the witness must still be laboring under stress of the excitement when the statement is made. Example: Arrive on scene and a person yells: “That guy has a gun!!”.
What are two types of possession as seen by the law? and what do they mean?
1)Actual: having direct physical control of it with knowledge of its nature. 2) Constructive: Not having physical control over it, but knowingly has both the power and intent at a given time to exercise control over it through them self or through another person.
In the law, What does sole or joint possession mean?
Sole control of an object if they have actual or constructive possession exclusive from others. Joint is if 2 of more people of actual or constructive possession of an object.
