This then it is up to themThis then it is up to them

This course taught me a bunch of new terms like direct and circumstantial evidence. I only thought there were just evidence not many different types of evidence. Most people would ask why there are so many different types of evidence, but the question that needs to be asked is what is the difference between the two types of evidence that I have noted above.
Direct evidence is known as simple evidence. The court can easily and safely come to a conclusion using direct evidence. This type of evidence does not ask the jury to develop opinions based on circumstance. It has to provide proof beyond a reasonable doubt. For example, entering a note with fingerprints on it as evidence is considered direct evidence. This places a piece of paper into someone’s hand as fact. Direct evidence is videos, audio, and DNA. If someone witnesses a murder it is considered as direct evidence because they witnessed it first hand. John heard Larry say that he is going to kill Ted. This is direct evidence because John heard it first hand from Larry. The evidence itself is a much-disputed notion. 
Circumstantial evidence is evidence that does not point directly to a fact. Circumstantial evidence does not convict a person but it does imply guilt. An inference must be made that connects the evidence to the fact the party using it is trying to prove. Circumstantial evidence is fingerprints, hearing noises but not actually seeing the action, etc. Circumstantial evidence makes the jury’s job tough because then it is up to them to decide whether the evidence is useful or not. Circumstantial evidence is inferior to direct evidence because circumstantial evidence needs an inference to be drawn to a conclusion and direct evidence does not. It has to lead to one conclusion only it can’t have other possibilities. 
Evidence, in general, plays the biggest role in crimes and in life because everything we do has evidence attached to it. For example, if your room is dirty there is evidence that led up to it being dirty like throwing clothes on the floor and leaving stuff around instead of putting it back where it came from. Another example is if a terrorist walked into a bank with a bomb vest on and someone outside saw the terrorist take off his coat with the bomb strapped onto him the guy could testify what he saw as evidence. The final example of evidence that I am going to explain is physical evidence which could be a pen someone used to stab their spouse, a severed body part from a victim, anything that you can physically see and touch is considered physical evidence.  
In People v. Harris (1998)  60 cal. app. 4th 727, the defendant was a mental health nurse. He was accused of touching two female patients sexually. He said that the first woman gave consent and the second woman he had nothing to do with at all. He claimed that he never touched her. Over a 352 objection, the prosecutor was allowed to induce a “sanitized” version of the facts underlying the defendant’s 1972 conviction for first-degree burglary with a great bodily injury. The jury later finds out that cops went to one of the women’s houses and noticed that she was bleeding from her vagina. 
The health nurse had blood on his penis and on his underwear. That evidence should have been excluded because the first woman consented to have sex with the nurse and that is all that the evidence concluded. Also, he admitted to having consented sex with her. It doesn’t prove a violent attack such as rape because there were no signs of her being strangled, her clothes weren’t torn off, and he confessed to having sex with her. Also, he was accused of burglary, not rape. 
The court reasoned: “The proper conduct evidence is so totally dissimilar to the current allegations that the trial court’s finding that it was very probative fails to answer the question: Probative of what? The trial court pointed to the fact all three women were Caucasian and in their 20’s or 30’s. These ‘similarities’ are not significant. The defendant is also Caucasian and in his 20’s or 30’s is a wide age group that includes the majority of the victims of sexual assaults. The altered version of a 23-year-old act of inexplicable sexual violence while heavy with ‘undue prejudice’ and dangerous in the hands of a jury was not particularly probative of the defendant’s predisposition to commit these ‘breach of trust’ sex crimes.”
Those ladies were just trying to make money from the nurse and the facility that he worked at. The first lady tried to accuse him of rape because he was to rough for her, but she consented to doing it, he didn’t force her to do anything. She made her choice, so now she has to live with it and accept that she did not win the case. She was probably bleeding because he stretched her vagina out, she was on her period when they had sex, or he popped her cherry. The second lady was making stuff up because there was no evidence of him touching her. I have no idea how burglary played a role in this case because he wasn’t trying to steal anything he just wanted to have sex. 
There was this couple, Tom and Sarah, Sarah is Tom’s fiancé. Before Tom and Sarah got engaged they lived a happy life. They always laughed and watched movies together. Even around town, everyone called them the cutest couple ever. They have been dating for 3 years until Tom proposed. They were better off just dating because after they were engaged Tom started to become hostile. Tom and Sarah had been fighting since they got engaged on March 7, 2016. Tom started to hit Sarah and said that the only way that she could ever leave him was death. He started to stalk her to make sure she was always where she was supposed to be and not talking to any other man. Sarah told Taylor and Crystal what was going on, but there was nothing that they could do because if they called the cops Tom would kill Sarah. 
  One day, Sarah went to work as usual and she didn’t come back until later on that night. The next day she didn’t show up to work and everyone was startled because she was always early and never missed a day of work. Tom said, that she went out of town to have a girls trip with her close friends Taylor and Crystal. It turns out that the story he gave was not true because Taylor and Crystal were at the wedding venue waiting on Sarah who never showed up. So Taylor called
the cops on Tom because of his faulty story about Sarah. The cops questioned Tom, but they were getting nowhere. 
A witness came forward and testified against Tom. The witness was their neighbor, Tony. Tony claimed that she saw Tom pull up to the house with a gun in his hand. She could see Tom through the side window sitting in a chair waiting on Sarah to get home from work. Sarah got home about an hour later. Tony said that she saw Tom hold the gun to Sarah’s head as she walked through the front door. He was yelling at her and calling her names. Sarah was begging for her life. Tony heard Tom say to Sarah that she is a worthless piece of shit and that she doesn’t deserve to live. He shot her in the head, and nobody heard it because he used a silencer, but Tony witnessed the whole thing. Tom wrapped Sarah’s body in a trash bag and put her in the trunk and drove off. This was enough direct evidence to convict Tom of first-degree murder. In court, they sentenced Tom to life for having possession of an illegal silencer and for murdering his fiancé. If it wasn’t for Tony Sarah’s death would always be a mystery. Tom thought he could cover up his tracks which only dug him into a deeper hole. 
Tony was an elderly man about 60 years old who lived a peaceful life. He always sat in his rocking chair in his living room in front of the fire from his gas chimney. He had his Christmas tree up by the side window that pointed to Tom’s house. He noticed that Tom was acting funny the night that he murdered his wife. He was acting suspicious, so Tony decided to watch him to see why he was acting so strange. Once he witnessed the murder, he went upstairs to his room and kept his mouth shut, so that To wouldn’t notice him watching. The next two days Tony did not leave his house because he was afraid that Tom knew that he was watching the night that he murdered his wife. When the cops walked up to his door to question him he said that he didn’t hear or see anything because a long conversation meant that he knew something and Tom watched the cops walk up to Tony’s house. Tony quickly shoved the cops out of his house and ran upstairs to stay out of Tom’s view. 
Tom used to be a great man he was always giving to charity and to his local church. Tom never really had bad days. The day he got engaged was also the day he lost his job. Losing that job made Tom furious because now he couldn’t support himself or his wife. His happy days were no more, he was mad that Sarah had to do everything. Plus Sarah was going to leave him because he couldn’t find a job. No one would hire him, so she wanted to move on and find a man that could support the both of them. Sarah was only watching out for her well-being which was smart. She didn’t expect Tom to go crazy because he started drinking and doing drugs changing who he was on the inside. Of course, Sarah did not like it she wanted out. 
After Tony confessed to what he saw that night Tom turned himself in. He claimed that he wanted to get help. He explained how his life was before he lost his job to the police. They listened to him, but it didn’t change the fact about what he had done. He claimed that he was on drugs when he went through with the act of shooting her. He said that he wasn’t in his right mind and did not mean to do it, but the cops weren’t buying it at all because when they questioned him before he completely denied it. They explained to him that nothing that he can say will get him out of the punishment that he would receive. 
The judge also did not care about his sorry excuse of a story because if any of it was true he could’ve confessed the morning after he did it or that same night and the fact that he buried her in a trash bag made it even worse. The judge wanted to give him the death sentence, but instead, the judge gave him life to make him feel her pain and to make him suffer. He got what he deserved and what he got was fair and just. 
This course has taught me so much and I am glad that I took it with such a great professor. Learning about evidence was what I really enjoyed because I only thought that there was just evidence not multiple kinds of evidence. Evidence is complicated by itself. Now we know the differences and similarities between circumstantial evidence and direct evidence; how direct evidence doesn’t need an inference and circumstantial evidence does just to come to a single conclusion. I also learned so much from writing this paper that there are more than just two types of evidence.  We also found out in the case people v. Harris that the health nurse was innocent and the women were using him and that Tom needs to rethink his life choices. Tony is now at peace with no crazy killer neighbors. Thank you, Mr. Choi for a great learning experience! Have a great winter break!