4.1: Overview, Objectives, and Key Terms
Overview
A vital aspect of the criminal court process is ensuring the criminal investigation is conducted correctly, fairly, and according to procedural rules. The previous chapters laid the foundation for an understanding of the criminal processes (due process, fundamental fairness, equal justice), the protection of rights, and sources of law. This chapter starts to apply these concepts to the collection of evidence to ensure they can be used in a criminal trial. As you will begin to see, evidence that shows guilt of a defendant could be excluded if these processes are not followed. It is essential we learn the necessary processes and procedures to ensure evidence is admissible in court.
- Identify the different types of evidence that may be collected in a criminal investigation.
- Explain the probative value of evidence.
- Differentiate the types of evidence - direct evidence and circumstantial evidence.
- Differentiate the types of evidence - inculpatory evidence, exculpatory evidence, and corroborative evidence.
- Differentiate criminal profiling and racial profiling.
- Explain what a Terry Stop is and why police use this investigatory tool.
- Explain the controversy in the use of Terry Stops.
Key Terms
probative value, relevant evidence, direct evidence, circumstantial evidence, inculpatory evidence, exculpatory evidence, corroborative evidence, disclosure of evidence, witness evidence, hearsay evidence, search and seizure of evidence, exclusion of evidence, criminal profiling, racial profiling, Terry Stops.