Relevancy:
•Relevant Evidence has any tendency to prove or disprove a disputed fact in a case.
•Relevancy is the first test for the admissibility of evidence.
Motive:
The moving cause or reason why a crime is committed.
Motive isn’t required as part of the corpus delicti of a crime. However, motive is relevant when proving:
Specific intent (premeditation / aforethought).
General intent (maliciously).
Enhancements (hate / gang crimes)
Arson- Fires started the same way (different buildings, features include the same starting devices and materials)
Murder- a Trademark of killing and leaving the body. (Only killing prostitutes and ways of disposing the body)
Narcotics- Evidence of use prior to arrest-
Sales- reactions after purchases
Robbery- Using similar handguns, takeover robbery, or carjacking- similar locations, similar exit points.
Sex Crimes- The way the suspect use to gain access to the victims. Alcohol, drugs, approaching lone women in apt. complexes during specific times of the day.
A doctor's misconduct during exams.
Opportunity to commit a Crime:
Direct evidence, the presence in or about a crime scene. Other areas of opprotunity include prior threats, or expression of ill will will equal motive. Special knowledgeable facts of property, persons, locations.
Modus Operandi- MO.
Unique signature- distinctive manner, which criminals use to commit an offense. A suspect becomes comfortable with the method used and commit future crimes in a similar manner.
PRIOR LIKE CONDUCT admissible in court to prove intent, motive, opportunity, preparation, plan, knowledge, identity of suspect. Refer to page 81 for additional details.
Consciousness of Guilt
Conduct, statements, or other acts by the defendant indicative a person with a guilty mind. The law takes the position an innocent person wold not engage in this type of conduct.
Example; refusing to provide physical evidence in a case, or failing to participate in preforming test or providing hair, samples or other articles of evidence.
Admissions/Confessions
Admission is a statement by the accused that acknowledge of facts or relevance/knowledge of the crime. The confessions must be legally obtained.
Admissions and confessions can be repeated in court as hearsay evidence.
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