Running head: EVIDENCE

Evidence Christopher B. Lane Colorado Technical University Online Dr. Sabrina Richards 04/22/12

EVIDENCE Evidence Demonstrative Evidence: Identify and describe 810 different types of specific demonstrative evidence. 1. Plaster casts or molds. This type of evidence is generally admissible when they are

viewed in several dimensions. Also, the models of any particular crime scene can be used in trials, however, which may not be precise to scale will often be admitted, if in fact, they are professionally made and presented into court (North Carolina Wesleyan College, N/A). 2. Scale models (North Carolina Wesleyan College, N/A). 3. Maps, charts, diagrams, and drawings. This type of evidence when it pertains to charts or diagrams that the police have sketched up as a composite will fall under the judicial discretion when it involves accuracy (North Carolina Wesleyan College, N/A). 4. Police composites, mug shots, and sketches (North Carolina Wesleyan College, N/A). 5. Photographs. This type of evidence can be permitted, however, each photo must be substantially and accurately depicted depending on subject matter, but it cannot be unduly prejudicial by no means (North Carolina Wesleyan College, N/A). 6. Microscopic enlargements. In general, this type of evidence has some restrictions, which the enlargement magnification would be allowed. An example: this type of demonstrative evidence may not be more than 20 times the magnification when it is presented (North Carolina Wesleyan College, N/A). 7. Videotapes. This type of evidence is becoming more popular when it is presented into evidence in a court of law (North Carolina Wesleyan College, N/A).

EVIDENCE 8. Computer reconstruction or animation. Computer reconstruction and/or animation is a fast growing forensic specialty, and, as far as the expertise involving some sort of projection of the possible outcomes can mathematically be predicted by some sort of computer program (North Carolina Wesleyan College, N/A). 9. Scientific tests or experiments. This type of test will generally be performed in a

laboratory, however, this type of test has been performed in front of a judge and jury, the benefits regarding this type of evidence, the jury will be able to draw an independent inferences, rather than, the judge ordering to disregard the evidence that is being presented (North Carolina Wesleyan College, N/A).

What can demonstrative evidence be used to show? Explain. Demonstrative evidence can be used in court as physical evidence against the accused. The general rule about demonstrative evidence is authentication, representational accuracy, and identification (North Carolina Wesleyan College, N/A). The author, David L. Deehl goes on to say, that demonstrative evidence is the generic label, which it is applied to exhibits that share the common characteristics of visualizing (Deehl, N/A).

Authentication: The definition of authentication is a process when it is determined, whether; something is, in fact, who or what its declared to be (Search Security, 2012). The author NOLO Law, goes on to say what the definition of authenticate means, and this is what they said it means; to offer testimony that tells the judge what an item of evidence is and its connection to the case and the

EVIDENCE purpose of authentication will usually establish the evidence can be admissible for any purpose for a decision in a case (Nolo Law for All, 2012). What types of evidence must be authenticated? Explain why. The requirements for authentication will be the general provision of the admissibility of evidence, if it would be sufficient, in which it would support a finding to a particular matter that may/may not be in question, in which the proponent would claim (State of Pennsylvania, N/A). The illustrations are not limited; however, the following examples will describe how the requirements would be. The first one is: Testimony of witness with knowledge, and in this one, that the testimony would be exactly what it is supposed to be (State of Pennsylvania, N/A). The second one is: Non-expert opinion on handwriting, in this one, a non-expert witness will get on

the stand and testify under oath, which would be based on familiarity of it, which it may not be a part of the litigation process (State of Pennsylvania, N/A). Thirdly, the comparison by Trier or expert witness, in this one, the Trier will compare the facts with the expert witnesses that may show proof with specimens, which may be authenticated (State of Pennsylvania, N/A). Fourth one is the distinctive characteristics and the like, for this one, the difference in the appearance, the content, the substance, the internal patterns, and/or the distinctive characteristics, which may be taken in conjunction with the circumstances (State of Pennsylvania, N/A). Fifth one, is the voice identification, in this process, the voice may be identified, which may be heard first hand, or through some type of electronic device of some sort (State of Pennsylvania, N/A). The sixth one would be through telephone conversations, this particular one could be were the accused made some calls from a particular number to multiple numbers (State of Pennsylvania, N/A). The next one could be public records or reports; this particular one could be were some sort of written authorized by law, which may be recorded or filed in a public office (State of

EVIDENCE Pennsylvania, N/A). The eighth one is: Ancient documents or data compilation, this particular one would be if a particular type of evidence, which may have been kept for a long periods of time, to keep the evidence authentic (State of Pennsylvania, N/A). The ninth one is: Process or System, in this particular one, the evidence in which someone is describing some sort of

processor, or system, which may reveal the findings or the accurate results in any particular case (State of Pennsylvania, N/A). Lastly, the methods provided by law, this particular one is best described as a statute, and/or any rules which may be prescribed by the Supreme Court (State of Pennsylvania, N/A).

How is authentication is related to relevance? Explain The author, Sarah goes on to say, the judge writes concerning five issues that will all be addressed when submitting electronic evidence as it would be done for paper evidence in a case; the relevance, authenticity, hearsay, original, duplicate documentation, and/or unfair prejudice (Phillips, 2010). Dr. Phillips goes on to say what relevance is: Relevance refers to whether or not a key piece of evidence would have any direct or indirect bearing on a case in front of them, which may/may not contribute to the ability to either prove or disprove of the case at hand (Phillips, 2010). Dr. Phillips goes on to talk about authenticity is the document is indeed what it may be presented to be, in fact, it will establish some sort of document, which may be closely related to the relevance of the case (Phillips, 2010).

How are the processes similar? How are they different? Explain. My hypothesis on how these two are similar, which, this means, I am not an expert at this, but, generally the two work similar, because if you do not have both, then the Trier cannot

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present the evidence in court, because it could be inadmissible. After all, you cannot present into evidence something that may not prove beyond a reasonable doubt the accused did in fact commit the crime. Providing the appropriate document, or providing any electronic device, the clarity of the voice must be distinct, or the jury cannot have concrete evidence to convict the accused. The accurate of the test or the accuracy of the report must clearly state the accused committed the crime. They are different in ways, the relevance of the bearing on the case at hand, or the action be taken on any particular case, as to where authenticity is what the document is what it is supposed to be. Specifically, how can the following be authenticated? Explain in detail:

Pictorial evidence (photographs, X-rays, videos, and automatic devices) Computer printouts Maps, models, diagrams, charts, and summaries

With pictorial evidence, the evidence, if in fact, the evidence clearly shows the accused was there to commit the crime, the clarity of the picture would be essential, because if the pictorial evidence does not prove beyond a reasonable doubt the accused committed the crime, then there would not be enough evidence to seek a conviction. X-rays, and a long with other evidence, perhaps DNA could prove the accused was there, because traces of the skin from the victim could be found under the fingernails, if scratches were found on the victim. Computer printouts can also be helpful to prove the accused called certain locations before the crime was committed. Maps, models, and diagrams can also prove where the crime actually took place, and how long it would take the accused to get there, which would be in accordance to the time frame when the crime was committed.

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Chain of Custody: What are the different stages in the evidence chain of custody? In order for the evidence from the actual crime scene to be in the hands of the prosecution; it must go through a chain of custody must be done in a validated and secure manner, before it can be admissible in court. The first person who recognizes certain things like a blood stain on a bullet, the first stage would be to initial and date on the item or the packaging as well, in order, for the evidence to be admissible (eNotes, 2012). The evidence from the crime scene to the forensic laboratory for forensic examination, and then, it must be initialed by the examiner who did the examination, and the date to be listed when the forensic examination was performed (eNotes, 2012). When the evidence is presented in court, the prosecutor who is assigned to the case will have the responsibility of holding on to the evidence, which is presented into the court room (eNotes, 2012).

Why is the chain of custody so important to successful prosecutions? Explain in detail. The reason why the chain of custody is so important; without the proper chain of custody,

then, the evidence would not be able to be used, or the correct term is inadmissible. It is somewhat like how things are done in the military, everything has to have the date, and the initial, proven that every document was properly initialed, because it will be brought up in court on who initialed and date the evidence, which that person may have to testify in court that they initialed and date the evidence. Without the proper evidence the accused could be acquitted of all charges. That is the reason why the chain of custody of evidence is important.

EVIDENCE References

Deehl, D., L. (N/A). Demonstrative Evidence in Federal Court. apps.americanbar.org, retrieved April 23, 2012, from: http://apps.americanbar.org/tips/trial/Evidence.pdf eNotes. (2012). Chain of Custody, retrieved on April 23, 2012, from: http://www.enotes.com/chain-custody-reference/evidence-chain-custody Nolo Law for All. (2012). What is authenticate, retrieved on April 23, 2012, from: http://www.nolo.com/dictionary/authenticate-term.html North Carolina Wesleyan College. (N/A). Demonstrative Evidence, retrieved on April 23, 2012, from: http://faculty.ncwc.edu/mstevens/425/lecture04.htm Phillips, S., V. (2010). The Documentalist, retrieved on April 23, 2012, from: http://crlgrn.wordpress.com/2010/04/26/legal-considerations-for-electronicdocumentation-part-2-relevance-and-authenticity/ Search Security. (2012). Definition of Authentication, retrieved on April 23, 2012, from: http://searchsecurity.techtarget.com/definition/authentication State of Pennsylvania. (N/A). Requirement of authentication or identification, retrieved on April 23, 2012, from: http://www.pacode.com/secure/data/225/chapter9/s901.html