evidence

jury decides the

'weight of evidence'.

Explain how the U.S. Constitution and Bill of Rights restrict introduction of evidence at a criminal trial.

- Through the court case of MAPP Vs. Ohio, Evidence illegally obtained is inadmissable.

examples of FRE 902

-Domestic Public Documents under Seal-Foreign Public Documents-Certified Copies of Public Records

List three (3) types of substitutes for evidence and explain their use in court. Why are substitutes for evidence used in the courtroom?

-Stipulations-Judicial Notice-Presumptions Stipulations- An agreement between the prosecution and defense to admit one or more facts into evidence. Judicial notice- A procedure whereby the judge instructs the jury to conclude a fact exists. Notice Presumptions- A legal inference or assumption that a fact exists based on the known or proven existence of some other fact or group of facts.

Best Evidence Rule

-The original document should be admitted in preference to any duplicates.

1. Understands the duty to tell the truth and 2. Can narrate the events in question

A competent witness is a person who

What happens if the grand jury agrees with the prosecutor that it is more likely than not a person committed an offense?

An Indictment is handed down.

Impeachment

Attacking the credibility of a witness.-Typically done during cross examination.-Can be done by calling another witness.

20 years old

Based on condition, location and age-Ancient = is at least

Compare and contrast the privilege for confidential communications between husbands and wives with the husband-wife privilege not to testify against each other REVIEW QUESTION

Communication must also be relevant, not hearsay or if hearsay under some exception At common law one spouse was incompetent to testify against another. Does not apply in all cases, such as:• If a crime committed by one spouse against another •If a crime was committed against one spouse's child •In cases of bigamy or fraud in marriage •Failure to support a spouse or child A person has a privilege to prevent the person's current or former spouse from testifying in a civil or criminal case about any confidential communication between them.

Explain the difference between cumulative evidence and corroborative evidence and give an example of each.

Cumulative Evidence repeats other evidence or facts.-Less likely to be admitted Corroborative Evidence adds new facts and confirms other evidence. Cumulative evidence- John testified that he was at 3rd and Main at 10:00 p.m. on November 3 and saw a man flee the scene in a Ford. Corroborative evidence- Adam testified that he was at 1st and Cedar at midnight on November 3 and he saw a red car speed past. As it went by, someone threw an apparently empty bank bag out the window.

Describe 2 situations where police may enter a home without complying with the knock and announce requirement. REVIEW QUESTIONS

Danger to police, victim or public Danger evidence destroyed or suspect escaping

Explain the difference between direct evidence and circumstantial evidence. What is the role of the jury in evaluating the evidence?

Direct evidence is personal knowledge from observation. -No need for inference or presumption -Admissible if legally obtained and not privileged Circumstantial evidence indirectly proves a fact. -Also admissible if relevant•Judges determine matters of law. •The Jury determines the 'weight of evidence'.

Business Records

Established under FRE 803(6) Allow in records of business that are commonly kept.

corroborative

Evidence is -- if it confirms previous testimony by the use of another source

Explain when character can be admitted at a criminal trial by the defense? By the prosecution? When can evidence be introduced about the victim's character?

Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. -Has to be raised by defense first -Cross examination is critical here - a defendant may offer evidence of the defendant's pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it.

Give a definition of both the exclusionary rule & the fruit of the poisonous tree doctrine. REVIEW QUESTION

Exclusionary rule-Evidence seized in an illegal search is not admissible against the party's whose rights were violated. Fruit of the poisonous tree doctrine- Evidence derived from unconstitutionally obtained evidence is an illegal search is also inadmissible.

First were used in New York Courts in 1901.-The FBI created first national data base in 1924.

Fingerprints

How many appeals is a criminal defendant entitled to? How can the defendant obtain additional review of the case?

First appeal is typically granted as a matter of right. •Each side submits written argument for or against the appeal - briefs Second appeal to higher court called a writ of certiorari-Appellate court has option to hear appeal or not

Forensic Document Examiner

Formally called handwriting expert-Compares an exemplar (sample) of old writing to document in question

Police use location of one crime to link it to another or to a suspect.-It is common for 'serial killers' or 'serial rapists'.

Geographic Profiling

Can testify for or against authenticity based on:

Handwriting or signature, typewriter, printer or fax; use results in wear & damage to moving parts & variations

Defendant's Character

Has to be raised by defense first-Cross examination is critical here

All statements made out of court, including documents are

Hearsay

Review Questions•Define Hearsay. Who is the hearsay declarant?

Hearsay is an out of court statement made by the declarantand being offered to show the content of the statement is true. Declarant is the party who made the statement in the past.

Explain why the Hearsay Rule was developed and why the admission of hearsay in a criminal trial may violate the defendant's Sixth Amendment rights. REVIEW QUESTION

Hearsay potentially implicates the Confrontation Clause of the Sixth Amendment because the person who makes the out-of-court statement is very much like a witness.

What is the purpose of a suppression hearing? When is a suppression hearing usually held? What occurs at a suppression hearing?

Held by a Judge after discovery is completed, but before trial -Based on motion by either side to exclude evidence from being used at trial - Most evidence is suppressed because of a constitutional violation

Experiment should eliminate all possible variables.-Tests then change one variable and measure result.

Ideal Experiment

Identify 2 situations in which police may enter a residence without a warrant. REVIEW QUESTIONS

Imminent danger, Hot pursuit

Andy Pettitte and Brian McNamee

In July 2011 former professional baseball player Roger Clemens was tried for illegal steroid use.•The principal evidence against Clemens was the testimony of

Defined as prints recovered from a surface.

Latent prints

Fingerprints are --- depending on how many points between samples are identical.

Matched

List three commonly accepted scientific tests and explain what needs to be done before trial so the results of the tests will be admissible.

Mitochondrial DNA Analysis (MtDNA)-- Can be used on sample that can't be submitted, it can be used to show maternal links. Y-Chromosome Analysis--Y chromosome is passed directly from father to son so it is used to trace paternal links. Familial DNA--You can develop a likelihood ratio (LR).•LR can show possibility that a relative of the party did or did not commit the crime.

There are three basic requirements to fall under the business records exception:

Must be based on someone with knowledge of the event recorded. The record made in timely manner and in regular course of business. The record must be commonly or regularly made by that business.

not admissible

Opinions of witnesses are

State the Opinion Rule and explain how it applies to testimony of lay and expert witnesses.

Opinions of witnesses are not admissible because it is the function of the jury, or judge if the case is tried without a jury, to analyze the evidence Lay Witnesses may not give their opinion Expert Witnesses may give render their professional opinion

hearsay

Past Recollections Recorded•Such records are and may be inadmissible.

Tests Not Commonly Accepted

Polygraphs, Hypnosis

Define authentication. List 2 ways to authenticate a document.

Proof that a document is what it purports (claims) to be. Prevents a person from introducing a fraudulently created document

Five Common Types of DNA Tests, This is an older test and requires large samples.

Restrictive Fragmentation Length Polymorphism(RFLP)

Explain why courts rarely admit polygraph test results.

Results are often inconclusive; only about 25% of cases clearly indicate truthfulness/lie The high frequency of inconclusive results makes courts distrust polygraph

Five Common Types of DNA Tests, This is a newer test, can use small samples

Short Tandem Repeat (STR)

Define evidence. Give an example of each of the following types of evidence: testimony; physical object; document

Some fact that tends to prove or disprove the existence of an alleged fact - Testimony: most often from witness under oath. - Documents: Written, printed or electronic - Tangible objects: Physical items

United States v. Scheffer

The Supreme Court heard a case about the scientific reliability of polygraphs. Defendant sought to admit it in a military trial. Under military law polygraphs are per se inadmissible. Supreme court ruled it is up to individual states to establish validity of polygraph and that the defendant's trial was not unconstitutional.

Comparisons of Paper and Ink

There is no reliable system to determine when a document was written- Ink in typewriter ribbons can be tested the same as ink from pens- Paper may be matched based on general composition, dates on forms, cutting marks and thickness

What foundation is necessary for the admission of a photograph?

To be admissible must be relevant-Must accurately depict scene-Primary preferred over secondary photo

lay witness

a person who observed an event that is relevant to the case on trial.

rehabilitation

an attempt to restore credibility of a witness who has been impeached.-Usually done during re-direct

Compare and contrast the attorney-client privilege with the physician-patient privilege. REVIEW QUESTION

attorney-client= Confidentiality is the basis of trust between an attorney and his client. A payment between parties is not required to trigger the privilege. The privilege 'belongs' to the client; only he can waive it. Physician-patient= Based on need for doctor to have true and accurate information to treat patient. Covers what is necessary for treatment, not casual conversation or overheard comments. Limited Privilege

corroboration

bolstering the testimony of a witness by offering supporting evidence or testimony.

-- Evidence merely repeats what was said

cumulative

(Testing) Typically police make comparisons with samples from defendant.-Most common examples are

fingerprints and blood

Define impeachment and rehabilitation of a witness. Give an example of each.

impeachment-Attacking the credibility of a witness.-Typically done during cross examination.-Can be done by calling another witness. an attempt to restore credibility of a witness who has been impeached.-Usually done during re-direct

circumstantial

indirectly proves a fact.-Also admissible if relevant

Define competency of a witness and explain the procedure for establishing the competency of a witness.

is a person who 1. Understands the duty to tell the truth and 2. Can narrate the events in question -The procedure is done before Testimony. -The process is called Voir Dire ("speak the truth").

Real Evidence

is perceived by the senses-It is often called 'physical' evidence.

Direct

is personal knowledge from observation.

Show the evidence to opposing counsel.-Assigning it a number (usually done by clerk).

marking evidence

all other evidence that can be produced to establish the content of the original; i.e., the rough draft of contract

secondary evidence