AJ 104 Chapter 4

Direct & Circumstantial Evidence

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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

When is direct evidence admissible?

If it is legally obtained and is not privileged.

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.

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)

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………

What are some ways to test witness credibility?

Lack of eye contact Evasive Answers Hostile toward the opposition Conflicting story Prior conviction for perjury

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”)

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

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

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.

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

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

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

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!

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

The Use of Character Witnesses

Three Situations:1. The defendant may try to use his/her

good name to convince a jury he/she did not commit the crime.

2. Specific character traits of the defendant may be used to infer the defendant’s guilt or innocence

3. Specific character traits of the victim may be used if relevant to the crime

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

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

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

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

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

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

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.