Chapter 3: The Nature of Evidence

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Individualization

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30 Terms

1

Individualization

Categorizing an item in a set or class that has one and only one member.

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2

Hearsay

Testimony that is given by a witness who relates not what he or she knows personally, but what others have said, and that is therefore dependent on the credibility of someone other than the witness.

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3

Assumption of Uniqueness

The ________ in space is an inherently non- provable situation.

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4

Coincidental Associations

Two things which previously have never been in contact with each other have items on them which are analytically indistinguishable at a certain class level.

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5

Identification

________- the examination of the chemical and physical properties of an object and using them to categorize the object as a member of a group.

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6

Prima facie evidence

Evidence that will establish a fact or sustain a judgment unless contradictory evidence is produced.

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7

Evidence

________ is critical to a trial; it provides the foundation for the arguments the attorneys plan to offer.

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8

Contamination

An undesired transfer of information between items of evidence.

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9

Questioned Evidence

Evidence that has unknown sources.

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10

Scientific method

Proposing and refining of plausible explanations about any unknown situation.

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11

Comparison

Done to try to establish the source of evidence.

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12

Controls

Materials whose source is known and which are used for comparison with unknown evidence.

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13

Locard Exchange Principle

It states that information is transferred when two things come into contact.

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14

Conclusive evidence

Evidence so strong as to overbear any other evidence to the contrary

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15

Conflicting evidence

Irreconcilable evidence that comes from different sources

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16

Corroborating evidence

Evidence that differs from but strengthens or confirms other evidence

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17

Derivative evidence

Evidence that is discovered as a result of illegally obtained evidence and is therefore inadmissible because of the primary taint

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18

Exculpatory evidence

Evidence tending to establish a criminal defendants innocence

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19

Foundational evidence

Evidence that determines the admissibility of other evidence

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20

Incriminating evidence

Evidence tending to establish guilt or from which a fact trier can infer guilt

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21

Presumptive evidence

Evidence deemed true and sufficient unless discredited by other evidence

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22

Probative evidence

Evidence that tends to prove or disprove a point in issue

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23

Rebuttal evidence

Evidence offered to disprove or contradict the evidence presented by an opposing party

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24

Tainted evidence

Evidence that is inadmissible because it was directly or indirectly obtained by illegal means

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25

Direct Transfer

Evidence that is transferred from a source to a location with no intermediaries

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26

Cross transfer

A Locard's principle, which states that every contact leaves its trace, whether that be someone entering or leaving a scene or someone leaves or picking up evidence

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27

Known Evidence

Evidence that is known where the sample originated

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28

Type I Error

Serious errors because they can cause a person to be falsely incriminated in a crime

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29

Type II Error

Not really serious errors, which means that a person may be falsely exonerated from a crime that he or she really did commit

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30

Hypothesis

Particular questions are tested

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