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Chapter 2: Types of Evidence “You can learn a lot by just watching.” —Yogi Berra, former New York Yankees catcher and sage Types of Evidence Two general types: 1. Testimonial— 2. Physical— Chapter 2 Kendall/Hunt Publishing Company 1 I. Testimonial Evidence Two basic types: 1. Expert witness – 2. Eyewitness to a crime – Chapter 2 Kendall/Hunt Publishing Company 2 Eyewitness reliability is affected by: Chapter 2 Kendall/Hunt Publishing Company 3 II. Physical Evidence Physical evidence Types of Common Physical Evidence drugs paints gunshot residue firearms impressions hair alcohols bones explosive residues documents Chapter 2 Kendall/Hunt Publishing Company fibers soil, glass blood body fluids fingerprints tissues pollen feathers serial #’s resins, plastics 4 Value of Physical Evidence: Can prove Can corroborate or refute testimony Can link Can establish the identity of persons associated with a crime Can allow Chapter 2 Kendall/Hunt Publishing Company 5 Laws that Pertain to Forensic Investigations 1. Constitutional Law – 2. Statutory Law – 3. Common Law or Case Law – Chapter 1 Kendall/Hunt Publishing Company 6 Laws that Pertain to the U.S. Criminal Justice System 4. Civil Law – 5. Criminal Law – 6. Administrative Law – Chapter 1 Kendall/Hunt Publishing Company 7 Federal Rules of Evidence In order for evidence to be admissible, it must be: Probative— Material— Chapter 2 Kendall/Hunt Publishing Company 8 Admissibility of Evidence Frye Standard: Scientific evidence is allowed into the courtroom if Here the decides if it can be used in the case. Daubert Ruling: Admissibility is determined by: Whether the theory or technique is science has been offered for peer review rate of method at issue enjoys widespread acceptance. opinion is Here the Chapter 2 decides if the evidence can be used. Kendall/Hunt Publishing Company 9 Individual vs. Class Evidence Class— Individual— Fingerprints Chapter 2 Blood DNA Typing Kendall/Hunt Publishing Company 10 Class vs Individual Evidence Which examples do you think could be individual evidence? Chapter 2 Kendall/Hunt Publishing Company 11 Class vs Individual Evidence These fibers are class evidence; there is no way to determine if they came from this garment. The large piece of glass fits exactly to the bottle; it is individual evidence. Chapter 2 Kendall/Hunt Publishing Company 12 People in the News Dr. Henry Lee—Chief Emeritus for Scientific Services and the former Commissioner of Public Safety for the state of Connecticut. He served as that state’s Chief Criminality from 1979 to 2000. Lee was the driving force in establishing the modern forensic lab in Connecticut. He has worked with many high profile cases including O.J. Simpson, Jon Benet Ramsey, and the “wood chipper” case. He is also seen on many of the true crime shows, including his own, “Trace Evidence: The Case Files of Dr. Henry Lee”. Learn more at his website: www.drhenrylee.com/review.shtml Chapter 2 Kendall/Hunt Publishing Company 13