Criminal Evidence: Chapter 3

Reasons for excluding relevant evidence from trial

1. Relevant evidence may be excluded if it has a tendency to unduly prejudice or inflame the minds of the jury. 2. Will cause confusion or create too many side issues. 3. Is so remote or speculative that only a weak logical inference can be drawn from it. 4. Is inadmissible based on other rules of evidence or other laws.

Four Categories of evidence

1. Testimony of Witnesses 2. Real or physical evidence. 3. Documents or Writings. 4. Demonstrative Evidence.

Inference

A conclusion drawn form an observation or series of observations.

Types of fact that can be the subject of judicial notice.

A court may judicially notice 1. The existence and content of public laws. 2. Geographical facts, such as boundaries and location of streets and highways. 3. The existence and meaning of common words, phrases, and abbreviations. 4. Many facts about time, days, and dates.

Rebuttable Presumption

A presumption that allows for the opposing party's introduction of contradictory evidence to rebut the presumption's conclusion.

True Presumption

A presumption that requires that, when the jury finds the basic fact to exist, it must find the presumed fact to exist in the absence of evidence to the contrary being introduced.

Conclusive Presumption

A presumption that the law demands or directs be made from a set of facts and that cannot be refuted by evidence.

How does stipulation work?

A stipulation is a particular fact or group of facts upon which the parties and their attorneys agree. A stipulated fact need not be proven by evidence and is simply told to the jury by one of the attorneys or the judge.

Presumption

A substitute for evidence whereby the fact finder is allowed to conclude that a certain fact exists because some other fact is found to exist.

Two factual components of a true presumption

A true presumption consists of a basic fact and a presumed fact.

how is contradictory evidence different from corroborative evidence?

Contradictory evidence is evidence used to prove a fact contrary to what has been asserted by a party of witnesses, while corroborative evidence is evidence that is supportive of other evidence already given, tending to strengthen or confirm the prior evidence.

Relevant Evidence

Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable than it would be without the evidence.

Contradictory Evidence

Evidence sued to prove a fact contrary to what has been asserted by a party or witness.

Corroborative Evidence

Evidence that is supportive of together evidence already given, tending to strengthen or confirm the prior evidence introduced.

Material Evidence

Evidence that pertains to a fact of consequence to the case on trial.

Cumulative Evidence

Evidence that repeats earlier testimonial or tangible evidence.

Prima Facie Evidence

Evidence that, standing alone, unexplained or contradicted , is sufficient to establish a given fact or group of facts, constituting a party's claim or defense.

Stipulation

Facts upon which the trial parties and their attorneys agree that may be presented during the trial without formal proof being required.

What is judicial notice?

Judicial notice is the process or act by which a judge accepts a fact as true, without requiring formal proof, where the fact is either. 1. Generally known within the territorial jurisdiction of the trial court. OR 2. Capable of accurate and determination by resort to sources whose accuracy cannot reasonably be questioned.

Makes Evidence Relevant

Relevant evidence is evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

Judicial Notice

The acceptance of a fact by a judge without formal proof, in the form of testimony or tangible evidence, being presented. A substitute for evidence.

Prima Facie Criminal Case

The amount of proof the prosecution must present in it's case-in-chief, evidence sufficient to establish that a crime was committed and that a defendant probably did it.

Persuasion Burden

The element of the burden of proof that requires a party to produce evidence at trial on a particular issue.

Production Burden

The element of the burden of proof that requires a party to produce evidence at trial on a particular issue.

How is presumed fact related to basic fact?

The existence of basic fact is the basis for presuming the existence of a presumed fact.

Mandatory Presumption

The form of presumption that requires the jury to find the presumed fact from the existence of the basic fact.

Burden of Proof

The law's requirement that a particular party introduce evidence in a lawsuit and persuade the fact-finder that the evidence is believable.

Balancing Test

The requirement that relevant evidence be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

What is the main characteristic of a rebuttable presumption?

Two example of rebuttable presumptions are 1. People intend the ordinary consequences of their voluntary acts AND 2. The date on a writing is accurate.