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Evidence Classification, Locard's Exchange Theory & Jonbenet Ramsey Case

Essay by   •  March 24, 2016  •  Coursework  •  897 Words (4 Pages)  •  1,356 Views

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There are four classifications of evidence and they are, direct evidence, circumstantial evidence, character evidence and hearsay or second-hand evidence. Direct evidence is presented as fact, it carries no inference. It can be physical evidence, documentation, audio, video, and witness testimony. This evidence is used to put the suspect at the scene of the crime, remove any doubt (normally carries no doubt) and it is the strongest type of evidence provided. Circumstantial evidence on the other hand can carry doubt. It indirectly infers that the suspect committed the crime and is used in the attempt to remove doubt; for example, the suspect’s whereabouts are unknown (they are normally at work at this time but nobody can recall seeing them that afternoon until later in the evening) and in that time a murder occurred, with a murder weapon that they just so happen to have a receipt for. None of this is direct evidence but it infers that the suspect is culpable. Character evidence is not physical, it doesn’t carry the same impact as the first two classifications. In some cases people can be called to the stand as a character witness. This person will normally speak of the suspect’s good nature, behaviour and character. Character evidence does not have as much strength in court rooms today as it once did, it doesn’t provide any real evidence. This type of evidence however can be beneficial when it comes to less serious crimes and can play a factor on how the suspect is sentenced. Lastly, there is hearsay or second-hand evidence. This evidence is normally inadmissible with an exception from time to time, it is a statement that is made out of court, but is presented in court.

In a criminal investigation, it is important that as much evidence is collected as possible. Evidence is used to prove whether a suspect is guilty or innocent and it is crucial to a criminal investigation. All these types of evidence may be used in a criminal investigation. In order for evidence to be accepted into court, they must be brought forward at the beginning of the hearing; this being said, evidence can be aloud if it is founded later during the trial. The evidence needs to be relevant, reliable, fair and just under procedure and finally it must be deemed admissible.

Locard’s exchange principle introduces the theory that, once somebody has made contact with anything it results in a physical exchange. When a criminal creates a crime scene, they leave behind evidence and take evidence with them. They leave what is called trace evidence and it is the job of the investigators to find the trace evidence, piece together a puzzle and create a picture of what happened.

Looking at the JonBenet Ramsey case one can understand the importance of securing a crime-scene. It seems as though the Boulder, Colorado, police did not follow any proper crime-scene procedures. There are five key incidents that led to the investigation being disrupted: The police did not search the house until seven hours after the call, the body of the girl was moved, once the body was found they didn’t secure the house, they allowed people to move freely inside the house, and the body wasn’t examined until more than 18 hours after it was found. When the first officer arrived on scene

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