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Evidence
At its most basic level, evidence is anything that tends to prove or disprove an alleged fact. Most evidence can be divided into three broad categories: direct evidence, indirect evidence, and physical evidence.
Direct evidence establishes an element of a crime through an eyewitness account, confession, or anything observed (including writings and audio, video, or digital recordings of observations). Indirect evidence is based on inference and deductive reasoning (e.g., a smoking gun indicates the weapon has been fired and is probably linked to the dead body next to it). Physical evidence results from a criminal investigation. It is sought to determine that a crime has been committed or that there is a link between a specific crime and its victim or perpetrator. Many times, these three categories of evidence can overlap: the content of a written confession is direct evidence, the fact that it was offered without coercion on the author's deathbed would be indirect evidence, and the actual note or recording (such as the paper and ink or audiotape) would be considered physical evidence.
Although all categories of evidence are extremely important, recent studies on the unreliability of eyewitness accounts have caused an increased emphasis on physical evidence in the apprehension of suspects and successful prosecution of crimes. Accounts of false or coerced confessions; the existence of wrongful convictions based on mistaken, fabricated, or plea bargain-induced testimony; the inherent fallibility of human judgment; and the reality of offender exonerations based on new scientific technology such as DNA have brought the critical nature of physical—now commonly referred to as forensic—evidence to the forefront of police investigation and subsequent legal issues.
Direct Evidence
As the first person called to the crime scene, the police officer is often the most important factor in determining the availability, quantity, and quality of direct evidence. Few officers actually observe the crime in progress, so it is the police's function to gather information and statements from witnesses through a process of interview and interrogation as quickly and thoroughly as possible.
In the late 1990s, research psychologists presented new theories of flawed perception by eyewitnesses, proving that at least 50% of subjects in observational experiments failed to perceive very major things right in front of their eyes. This phenomenon, dubbed “inattentional blindness,” brought new understanding to the concept of “change blindness,” where people often fail to detect changes in their field of vision during eye movement or other interruptions.
In 1999, Harvard psychologist Daniel Simons updated these phenomena in an experiment where subjects watched a video of two groups of people dressed in black and white passing a basketball between players. Instructed to count the number of passes by the white team, 50% of subjects insisted they never saw the gorilla (a person in a gorilla costume) walk directly into the field of play. Simons's conclusion, called “selective looking,” suggested that individualistic variables of both the scene and the observer can raise critical issues about the credibility and accuracy of human eyewitness testimony.
Historically, sketches, diagrams, and photographs were used to record the observations of witnesses and investigators in an effort to minimize the possibility of human error or faulty memory. Still, there are cases where photographic evidence has only contributed to a controversial crime as it is scrutinized by experts with different opinions. The famous Zapruder film of the assassination of President John F. Kennedy in 1963 has divided experts and spawned numerous theories as to the number of gunmen and shots fired. A photograph of the assumed shooter, Lee Harvey Oswald, bearing a rifle similar to the type used in the assassination, was widely cited as evidence of his culpability as the lone shooter, but it has been rejected by many as a fake composite of several photographs. More than 40 years after the event, forensic experts continue to disagree about the Warren Commission findings of a single “magic” bullet theory, while eyewitnesses—such as Nellie Connolly, who sat in the car with President Kennedy—continue to insist that more than one shot was fired.
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