4.2: Critical Thinking
- In the following video, we examine eyewitness testimony (if you are accessing a print version of this book, use the following short url: bit.ly/3BvY23X). Watch the video and then determine the probative value of testimony. Provide an example of when eyewitness testimony could have a high level of probative value and an example of low probative value. Be sure to explain define probative value.
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You are a juror on a trial. You are provided these jury instructions on evidence presented. “Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, such as testimony by a witness about what that witness personally saw or heard or did. Circumstantial evidence is indirect evidence, that is, it is proof of one or more facts from which one can find another fact. You are to consider both direct and circumstantial evidence. Either can be used to prove any fact. The law makes no distinction between the weight to be given to either direct or circumstantial evidence. It is for you to decide how much weight to give to any evidence. In the trial, the following evidence is provided:
- Security camera footage showing a person breaking into a store and stealing items.
- Harassing emails or text messages a defendant sent to a person who was later assaulted.
- An audio recording of a person admitting to committing a crime.
- A person’s browser history showing how he or she searched for information about the tools used to commit the crime of which he or she is accused.
- Ballistics tests that show a bullet was fired by a specific firearm.
Identify whether the evidence above is direct or circumstantial. What probative value (weight) do you give each evidence type and why?
- With the plethora of television crimes shows, many criminal techniques and evidence types are often inadequately portrayed or misrepresented. For this critical thinking exercise, you will examine the issue of reliability of criminal profiling. Your friend has just watched a new crime show that used criminal profiling to convict a defendant of a decades old murder. They know you are taking a criminal justice course on criminal court processes and wants to know what you know about criminal profiling. Explain the use of criminal profiling in a criminal investigation and as court room evidence. How are they similar, and what are the limitations of criminal profiling?
- In this section, we identify a new concern of racial profiling. Knowing the issues of racial profiling in technology, what impacts could this have on the admissibility of evidence obtained through facial recognition software?
- Does the use of Terry Stops violate the 4th amendment? Identify the key procedures of Terry Stops that avoids violating the 4th amendment. Then provide an example of one situation that may occur where you would properly use a Terry Stop to search a person.