Criminal Evidence: An Introduction - 2nd Edition Ch 3 + 4

Directed Verdict

A judge in a criminal case may direct the jury to return a "not guilty" verdict if the prosecution has not proven their case, but a trial judge may not direct the verdict of "guilty," because that would deprive the defendant of the constitutional right to a trial by jury.

Exclusionary Rule

A judicially created remedy for violations of the Fourth Amendment, which states that any evidence obtained during an illegal search is not admissible in a criminal trial in order to prove guilt.

Insanity

A legal term that refers to the lack of criminal culpability due to mental illness or defect.

Inference

A logical deduction or conclusion from an established fact.

Propriety

A method of contesting judicial notice when the party involved can show that the fact is not generally known.

Presumptions of Fact

A presumption of fact deals with facts, issues, and circumstances as they arise.

Presumption of Law

A presumption where the law requires that an inference or deduction be drawn.

Presumption

A procedural device that not only permits an inference of the presumed fact, but also shifts to the opposing party the burden of producing evidence to disprove the presumed fact.

Judicial Notice

A procedure that courts use to determine that facts of a case without having to follow the normal rules of evidence.

Beyond a Reasonable Doubt

A standard of proof that is used in criminal trials and means the elements of the crime have been established beyond a reasonable doubt. This standard does not require a jury to find proof beyond all doubt.

Stipulations

Agreements between opposing attorneys about some important fact.

Execution of Public Duties

An agent of the state, such as a police officer or soldier, is permitted to use reasonable force in the lawful execution of his or her duties.

Good Faith Exception

An exception to the exclusionary rule. If officers act reasonably and in good faith when engaged in a search and seizure, the product of an otherwise illegal search and seizure may be used at trial.

Presumption of Death Following A Lengthy Unexplained Absensce

Many states have laws that presume the death of a person after he or she has been missing for several years.

Judicial Notice of Adjudicative Facts

Matters of general knowledge not otherwise connected to statutes, constitutions, administrative rules, or other sources of law.

Uniform Judicial Notice of Foreign Law Act

Requires that every court in a specific state give notice of the common law or statutes of every other jurisdiction in the United States.

In Re

Short for "in regard to" or "concerning." Often used in legal materials to identify cases.

Mens Rea

State of mind; criminal intent.

Judicial Notice of Legislative Facts

The facts that courts rely on when interpreting statutes, constitutional provisions, and the like.

Reasonable Doubt

The lack of certainty that the facts as alleged are true.

Presumption of Innocence

The law requires that all defendants are presumed innocent until proven guilty.

Modus Operandi

The method of operation. A specific way in which a crime is committed such that the identity of the perpetrator can often be determined by analyzing the crime.

Rebuttable Presumptions

The party against whom the presumption operates may introduce evidence to disprove the presumption.

Presumption that Young Children are not Capable of Committing Crime

The presumption that a child under a specific age is not responsible for his or her actions.

Consent

This defense is raised when the victim is alleged to have given consent to suffer what would otherwise be considered a legal harm.

Self-Defense

This defense may be raised when the defendant has used reasonable and proportionate force to repel an imminent and unprovoked attack that placed the person in fear of injury or death.

Silver Platter Doctrine

This happened after the exclusionary rule was created but not yet applied to the states. State officers would sometimes illegally obtain evidence and provide it to federal agents to circumvent the exclusionary rule. The evidence would be used in court because federal agents had not personally violated any laws.

Affirmative Defense

This is raised after the prosecution has established its case, and permits the defendant to avoid liability even when the government has met its burden of proof on the elements of the offense.

Duress

This may be raised as a defense when the defendant was subjected to the threat of or actual physical or mental harm for the purpose of inducing the defendant to commit the crime.

Testimonial Evidence

This refers to what someone says; evidence that is spoken by a witness at trial or other proceeding while under oath or affirmation.

Preponderance of the Evidence

This standard is used in civil trials and means that there is a greater likelihood that the facts are true than not. This is an easier standard to meet than "beyond a reasonable doubt"

Clear and Convincing Evidence

This standard is used in some civil and criminal trials and means that the facts asserted are quite likely true. This burden lies somewhere between "preponderance of the evidence" and "reasonable doubt."

Intoxication

Voluntary intoxication is not a valid excuse for defense. Involuntary intoxication may be used as a defense if the defendant can prove that he or she was unaware of being drugged.

Excuse Defenses

When a defendant admits what he or she did was wrong but argues that, under the circumstances, he or she is not responsible.

Presumption Against Suicide

When a person dies, it is presumed that he or she did not die by his or her hand.

Blank Pad Rule

When the court and the jury in a criminal case know nothing about the dispute between two parties involved.

Justification Defense

When the defendant admits to the offense but states that what he or she did was not criminal. Examples might be self defense, defense of property, consent, or execution of public duties.

Tacit Judicial Notice

When the judge does not provide any statement to the court that judicial notice is being taken regarding a certain fact.

Burden of Persuasion

the burden placed on the party to convince the jury with regard to a particular issue. This requires that the prosecution provide enough evidence to secure a conviction. Also called burden of proof.

Conclusive Presumption

Presumptions that cannot be challenged by either the prosecution or the defense.

Motive

Reason(s) why the crime was committed.

Actus Reus

Refers to the criminal act itself.

Ascertainable Fact Component

A fact that can be determined by looking it up in some source, the accuracy of which cannot be easily disputed.

Indisputable Component

A fact that cannot be realistically disputed. The fact speaks for itself and requires virtually no interpretation or debate as to its truthfulness.

Presumption of that People Intend the Consequences of their Voluntary Acts

It is generally presumed that a person who commits a voluntary act intended the result.

Presumption of Knowledge of the Law

It is presumed that all persons in the United States know the law.

Presumption of the Regularity of Official Acts

It is presumed that public officials going about their duties do, in good faith, what is required of them.

Common Knowledge Component

A fact is considered common knowledge if it is generally known by informed individuals within the jurisdiction of the trial court.

Real/Physical Evidence

Any tangible item that can be perceived with the five senses; consists of actual tangible items that can be displayed. Things that are discernible by the senses without the use of witnesses.

Consciousness of Guilt

Behaviors, or the lack thereof, indicative of a guilty person.

Age

Depending on the state, children under a certain age are deemed not responsible for their actions. The lack of criminal culpability as a defense to a crime is referred to as "infancy."

Presumption of Sanity

Every person tried in a criminal case is presumed to be of sound mind, until evidence to the contrary is presented.

Demonstrative Evidence

Evidence that is intended to demonstrate a certain point; refers to a demonstration typically using physical evidence.

Direct Evidence

Evidence that proves a fact without the need for the juror to infer or assume anything.

Circumstantial Evidence

Evidence that requires jurors to draw their own inferences or conclusions as to whether the evidence presented established the defendant's guilt, or lack thereof.

Prima Facie

Latin for, "on its face," referring to a lawsuit or criminal prosecution in which the evidence is sufficient to prove the elements of the case.

Mistake of Fact

Excuses criminal liability when it negates a material element of the crime. The mistake muse be both reasonable and honest.

Presumption of a Guilty Mind Following Possession of Fruits of the Crime

If the accused is caught with stolen property and/or the fruits of the crime, it is often presumed that the jury can infer guilt.

Mistake of Law

Ignorance of the law is an excuse if the defendant undertakes reasonable efforts to learn the law, but is still unaware that he or she has violated some obscure, unusual law.

Judicial Notice of Law

Occurs when courts accept what is written in statutes, constitutional provisions, and court cases.

Inevitable Discovery Exception

Permits the use at trial of evidence obtained illegally by police if they can demonstrate that they would have discovered the evidence eventually by legal means.

Burden of Production

the obligation placed on one side in a trial to produce evidence, to make a prima facie showing on a particular issue. Also called burden of going forward.