Section 5.3 Flashcards
Main goal of all evidence presented in court is to help prove what?
guilty or not guilty
Your court presentation needs to be what?
professional
If you want to be taken serious as an investigator you need to look what?
Profesional
If you have a brand new way to get evidence off of a flash drive and you present it in court and it is not scientific you may or may not be taken serious. What determines this?
Daubert Standard
From a case called Daubert Vs Merrel Pharmaceuticals 1993 this was established?
Daubert Standard
There was an evidentiary problem and they had to determine if the scientific evidence was good enough to be presented in court and it went all the way to a Supreme Court and they said what?
They cannot give a fixed rule because they do not know what will be scientific now or in the future.
The rule is that who gets to decide if the information will help the trier of fact to understand something about the case?
Judge
The trier of fact in most criminal cases is who?
Jury
Will the information help the trier of fact (jury) to understand? who decides?
Judge decides
Example, trying to introduce a new piece of evidence and the defense says the new technique used is bad. You can go before the judge in private and say that you think the new technique works and give scientific articles. The defense lawyer will get someone to come in and say that it doesn’t. What is the job of the judge?
to determine if it will help the jury to understand or is it unscientific enough that it is doing more harm than good.
Eventually we have to do what with the evidence?
Dispose of it
Example, we catch someone and they go to court and were found guilty. Can we get rid of the evidence?
What if it is the wrong person?
What if he appeals?
We need to keep it a little longer
It is a tough decision to decide when to destroy evidence. It it left up to who to make this decision?
Each department
Most departments determine when to destroy evidence by if they have found the person or got a conviction. Based on this they destroy the evidence when?
statue of limitations is up
Does every crime have the same statue of limitations?
no and it varies by state