Criminal Evidence Chapter 2

Federalism

Division of power between state governments and the federal government, in which the federal government has specified powers delegated to it, with the remaining powers vested in the states

Competent Evidence

any evidence that is relevant and reliable and not otherwise excludable.

Federal Rules of Evidence

applicable only in federal courts, provide the model for most state evidence codes

Relevant Evidence

direct or circumstantial evidence that has the tendency to make the existence of any fact that is consequence to the determination of the action more probative or less probative than it would be without the evidence.

exculpatory evidence

evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to prove guilt.

Reliable Evidence

evidence that possesses a sufficient degree of believability that is likely that the evidence is true and accurate (eye-witness testimony)

Civil Commitment

involuntary confinement of a persons who presents dangers to themselves or others because of mental health problems or sexual predator histories.

SORNA laws

requires sex offenders to register in the state where they were convicted and any state to which they travel.

Adversary system

the judicial system in which opposing parties present evidence, and an impartial judge or jury weighs the evidence.

Due Process

the minimum procedural protections courts must afford those charged with crimes; guaranteed by the firth and fourteenth amendments.

Brady Rule

the rule that requires the prosecution to disclose, upon request, evidence favorable to the accused.

Inquisitorial system

where the judge actively questions the accused and the witnesses