Podcast
Questions and Answers
What is testimonial evidence?
What is testimonial evidence?
- Material that can be related to a single source.
- Evidence based on suggestion.
- Tangible items that prove material facts.
- What is said in court by a competent witness. (correct)
What is physical evidence?
What is physical evidence?
Tangible items that prove some material fact.
What are three factors that may affect the memory of an eyewitness?
What are three factors that may affect the memory of an eyewitness?
- The time between the crime and questioning. 2. New information influencing memory. 3. The type of crime and the witness.
Which of the following are types of physical evidence? (Select all that apply)
Which of the following are types of physical evidence? (Select all that apply)
What is transient evidence?
What is transient evidence?
What is pattern evidence?
What is pattern evidence?
What is conditional evidence?
What is conditional evidence?
What is transfer evidence?
What is transfer evidence?
What is associative evidence?
What is associative evidence?
What is circumstantial evidence?
What is circumstantial evidence?
What is significant about the Ronald Cotton case?
What is significant about the Ronald Cotton case?
What is class evidence?
What is class evidence?
What is individual evidence?
What is individual evidence?
Can class evidence be used to link a suspect with certainty to a crime?
Can class evidence be used to link a suspect with certainty to a crime?
How can class evidence be helpful?
How can class evidence be helpful?
What is direct evidence?
What is direct evidence?
Where is physical evidence found and collected?
Where is physical evidence found and collected?
Why is physical evidence important and what can it prove?
Why is physical evidence important and what can it prove?
What is meant by a control sample?
What is meant by a control sample?
How can class evidence be used to narrow a field of suspects?
How can class evidence be used to narrow a field of suspects?
How can individualized evidence have probative value?
How can individualized evidence have probative value?
How can class evidence have probative value?
How can class evidence have probative value?
Study Notes
Testimonial Evidence
- Testimonial evidence refers to what is stated by a competent witness in court.
- Also known as direct evidence or prima facie evidence.
Physical Evidence
- Consists of tangible items that can substantiate material facts.
- Also referred to as real evidence, this includes all material or objects tied to a crime.
Factors Affecting Eyewitness Memory
- Time elapsed between the crime and witness questioning can degrade memory.
- New information, such as viewing mugshots or suggestive questioning, can alter recollection.
- Types of crimes and characteristics of witnesses can influence memory performance.
Types of Physical Evidence
- Transient evidence: temporary and easily lost or changed.
- Pattern evidence: created through direct contact between a person and an object.
- Conditional evidence: arises from specific events; vital for crime scene reconstruction.
- Transfer evidence: results from contact between people and objects.
- Associative evidence: items linking a victim or suspect to a crime scene.
Circumstantial Evidence
- Based on inference rather than direct personal knowledge; relies on assumption.
Ronald Cotton Case Significance
- Ronald Cotton was wrongfully convicted of a crime he did not commit.
- Served 11 years in prison based on eyewitness testimony, lacking substantial evidence.
- DNA evidence ultimately exonerated him, underscoring issues with reliance on witness accounts.
Class vs. Individual Evidence
- Class evidence: grouped by common characteristics among similar items; cannot provide certainty.
- Individual evidence: uniquely related to a single source; requires comparison for individualization.
Class Evidence Utilization
- Class evidence narrows down suspect possibilities and can eliminate certain individuals.
- Increased probative value comes from accumulating related evidence.
Direct Evidence Explained
- Direct evidence is synonymous with testimonial evidence, consisting of sworn statements from witnesses.
Collection and Importance of Physical Evidence
- Collected at crime scenes by police or investigators, then analyzed in forensic labs.
- Essential for proving crimes, corroborating witness testimony, linking suspects to victims or scenes, identifying individuals, and reconstructing crime scenarios.
Control Samples
- Control samples originate from a known source, offering a basis for comparison with unknown samples.
Narrowing Suspect Fields with Class Evidence
- Class evidence, which shares traits with multiple items, can help reduce the number of suspects.
- Unique combinations of class evidence (e.g., clothing) increase specificity and can pinpoint potential suspects.
Probative Value of Evidence
- Individualized evidence offers the highest probative value due to its connection to a unique source, like fingerprints or DNA.
- Class evidence can gain probative value through unique characteristics or the collection of multiple evidence types to link suspects to crimes.
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Description
Test your knowledge on key legal concepts such as testimonial evidence, physical evidence, and factors affecting eyewitness memory. This quiz will help you understand the definitions and implications of these terms in a legal context.
