AJ 104 Chapter 4

1. AJ 104 Chapter 4 Direct & Circumstantial Evidence

2. Job Hunting??

3. Definitions • Direct Evidence • Direct evidence is based on personal knowledge or observation of the person testifying • No inference/presumption needed. • If the jury believes the testimony the facts) it relates to is conclusively established

4. When is direct evidence admissible? • If it is legally obtained and is not privileged.

5. Circumstantial Evidence • Circumstantial Evidence • Evidence that indirectly proves a fact. • It requires the trier of facts to use an inference or presumption in order to conclude that the fact exists.

6. When is Circumstantial Evidence Admissible? • It is admitted at the discretion of the judge • The judge considers whether the evidence is relevant and take into consideration other factors (balance, time to present, etc)

7. Weight of Evidence • When direct evidence is introduced, the jury’s main function is to decide the credibility of the witness. • Two Factors: • Demeanor of the witness • Likelihood that what the witness said could have happened. • You be the jury………

8. What are some ways to test witness credibility? • Lack of eye contact • Evasive Answers • Hostile toward the opposition • Conflicting story • Prior conviction for perjury

9. Circumstantial Evidence of Ability to Commit Crime • In instances that require special skill or knowledge to commit a crime in such a way that the suspect must have some specialized training • Safe Cracking • Computer Crimes • Embezzlement Schemes • Counterfeiting (“Catch Me If You Can”)

10. Means to Accomplish Crime • The fact that the defendant has the means to accomplish the crime can also be used as circumstantial evidence. • The key is accessibility to equipment or location • Bomb equipment, lock picks, clear plastic baggies, keys to a business after termination

11. Physical Capacity • Can be used to infer guilt • Some factors include: • Size of suspect, physical attributes, • Examples Include: • Burglar carrying a heavy bag • Small stature person entering a location through a small opening

12. Mental Capacity • Mental Capacity is relevant • Prevalent when a defendant is pleading NGI or diminished capacity • Specific Intent crimes require premeditation also make mental capacity more important • Examples of Mental Capacity • Defendant developed plot to kill the victim • Ransom note • Adult suspect behaving like a 7 year-old.

13. Circumstantial Evidence of Intent • Circumstantial Evidence is needed to establish intent. There are two common approaches: • Modus operandi • Method of operation • Motive • Why did you do it? • Greed, Divorce, Freedom, Eliminate a witness

14. Threats • The fact that the defendant has threatened to commit a crime is circumstantial evidence if: • He/she committed the crime • Specific threats carry more weight than vague ones. • Threats may also be used in self-defense cases. • The standard used is what is reasonable

15. Examples or Relevant Threats • After a fight a combatant shouts, “I’ll Kill you for that” • Battered wife phones the police advising her husband is going to kill her • A bully threatening a student at school

16. Circumstantial Evidence of Guilt • The actions of a suspect after a crime has been committed can also be used as circumstantial evidence. • Flight to avoid prosecution • Bronco Chase • Attempts to hide evidence • Bloody Knife • Possession of stolen property • In possession of the bank bag after a robbery • Sudden wealth • Yesterday walking, today escalade, H2, • Attempt to silence witnesses • You testify, you die!

17. Character Counts! • Character witnesses are called to convince a jury that a person did something that is consistent with his/her character • Character – describes what a person’s moral traits are • Reputation – describes what other people believe about a person

18. The Use of Character Witnesses Three Situations: • The defendant may try to use his/her good name to convince a jury he/she did not commit the crime. • Specific character traits of the defendant may be used to infer the defendant’s guilt or innocence • Specific character traits of the victim may be used if relevant to the crime

19. Defendant’s Character • The prosecution cannot the defendant’s character unless the defendant has placed character at issue • Example: • Defense calls a member of clergy, prosecution calls the defendant’s business partner

20. Other Character Issues • Specific Character Traits of the Defendant • Most common in trials for violent crimes • Timid, aggressive, reckless etc. • “It doesn’t surprise me, or I always knew…” • Character Traits of the Victim • Most common in cases of self-defense • Use to be an issue in rape cases • “If you’re single & not a virgin you would consent to having sex with anyone” • Dixie Shanahan, Kobe Bryant Case

21. Other Acts Evidence • Includes a variety of situations where prior actions of the defendant are relevant to the current case. • A judge must decide whether the evidence is relevant, has value, and will not prejudice the defendant

22. Identity • Circumstantial is used when an eyewitness claims that he/she saw the defendant commit a crime and the defendant is claiming mistaken identity. • Very similar to prior crimes to show modus operandi

23. Habit or Custom - To demonstrate that the defendant had a habit or custom can be used to infer that he/she did it when the crime occurred • Neatness, punctuality, spending habits, etc. • Lack of Accident – To try and claim the crime was an accident when in reality it wasn’t • Prosecution needs to prove otherwise

24. Prior False Claims • If a person has previously filed a false claim, it can be inferred that the current claim is false • It can be used to discredit a witness • Staged traffic accidents, insurance fraud, false police reports, worker’s comp for insurance claims

25. Finally.. • Offers to Plead Guilty – Normally, not disclosed to a jury due to the fact that it may be inferred that the defendant is guilty • Circumstantial Evidence Involving the Victim – Evidence such as the victim’s injuries can prove a crime occurred. • Battered spouses, abused children may allege accident, but x-rays, expert witnesses can prove otherwise.