1 PRESENTATION OF EVIDENCE Learning Domain 17. 2 PURPOSE FOR THE RULES OF EVIDENCE Protect the jury...
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Transcript of 1 PRESENTATION OF EVIDENCE Learning Domain 17. 2 PURPOSE FOR THE RULES OF EVIDENCE Protect the jury...
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PRESENTATION OF EVIDENCE
Learning Domain 17
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PURPOSE FOR THE RULES OF EVIDENCE
Protect the jury from seeing or hearing evidence that is: (w/b p. 1-3)
Excluded by judge if consumes too much time
1. Relevant – ______________ all relevant evidence is admissible
______________________________ - ability to prove a point
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PURPOSE OF OFFERING EVIDENCE
As an item of proof
To _________ a witness, victim or defendant (means to attack their credibility)
Rehabilitate a witness
To determine sentence
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Types of Evidence1. Testimonial Evidence
2. Real Evidence
3. Demonstrative Evidence
4. Circumstantial Evidence
5. Direct Evidence
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Chain of Custody Authentication of evidence from the time it
is recovered until its presentation in court
Every person handling
the evidence is a link in
the chain of custody.
Each link in the chain
must be documented.
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MAJOR TYPES OF PHYSICAL EVIDENCE
Fruits of a crime
Instrumentalities of a crime
Contraband
Mere evidence
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DIRECT EVIDENCE vs CIRCUMSTANTIAL
EVIDENCE Direct Evidence – proves a fact without inference.
__________ – a conclusion drawn from a fact or set of facts.
Circumstantial Evidence – requires inference (based on common sense).
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Evidence Code 352 If conflicting the court may exclude evidence
if probative value is substantially outweighed : (w/b p. 1-14)
Judge weighs ______ basic considerations:
1) Does the evidence tend to unduly influence the jury by arousing hostility or sympathy?
2) Will the evidence and/or the evidence required to counter it, consume an undue amount of time?
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Evidence Code 352
3) Will the evidence create side issues that distract the jury from the main point of the case?
4) Will the evidence ________________ the opponent who, acting in good faith, may be unprepared to deal with it?
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Exclusionary Rule Exclusion of evidence obtained by
government agents in violation of the U.S. Constitution:
Weeks v U.S. Mapp v Ohio (1-15) Application also to:
Juvenile proceedings Narcotics commitments _____________________ Sentencing hearings
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Opinion & Expert Testimony Opinion Rule can be excluded if deemed
unreliable:1. Hearsay 2. Opinion evidence (lay person) Exceptions for non-expert (lay person) witness:
(w/b p. 1-16) Speed ___________ Size ____________ Questions of sanity Expert witness exception-voir dire examination
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PRIVILEGE
Definition - witness will not be required to state communication between them and another person based on privileges under the Evidence Code : (w/b p. 1-18)
1. self-incrimination (Fifth Amend)2. attorney-client3. psychotherapist-patient4. _____________5. clergy-penitent6. doctor-patient relationship
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CREDIBILITY WITNESSES If a witness is competent, their credibilitycredibility
may be drawn into question based on: (w/b p.1-19)
1. Manner in which they testify2. Character of the testimony3. Evidence affecting the witness’ character for
truth, honesty or integrity4. Demeanor of the witness5. Witness’ motive or contradictory evidence
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CREDIBILITY OF CHILDREN Considered competent if the child:
(w/b p.1-19)
1. Possesses the capacity to observe, recollect, and communicate events
2. Has the ability to understand questions and to formulate intelligent answers and
3. Understands the duty to _______________
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Officer Credibility
Officer’s Credibility: (w/b p. 1-20)
1. All evidence must be legally obtained
2. All evidence handled per chain of custody
3. All supporting evidence gathered, stored and documented properly
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EXCLUSION TO AVOID UNDUE PREJUDICE
Some otherwise relevant evidence is excluded from trial because of its potential to unduly prejudice the jury, i.e.
a. ________________________
b. Certain photographs
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HEARSAY RULE Generally not accepted Evid Code 1200 (third
party statements, person other than witness) EXCEPTIONS TO HEARSAY RULES
Spontaneous Statements (w/b p. 1-22) Made about some excited or unnerving event,
made at or near the time of the event, while the person is still under the excitement of the event
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ADMISSIONS & ADMISSIONS & CONFESSIONSCONFESSIONS
ADMISSIONS (w/b 1-23)
CONFESSIONS
Express Admission
Implied Admission
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EXCEPTIONS to HEARSAYEXCEPTIONS to HEARSAY
DYING DECLARATIONS ( w/b p. 1-25) Statements made by a dying person
1. About the circumstances surrounding the person’s impending death
2. Person must have a sense of impending death
3. _________________
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Records & Officer Testimony
Records and Officer Testimony: (w/b p.1-27) Official Records – written statements or
records made by a public official (coroner’s report, marriage certificate)
_________________ – written statements or records made by a business person who has a duty to know the facts as they relate to the business (personnel records, bank records).
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Records & Officer Testimony
Past recollection recorded - writings read into evidence when witness can’t recall
_____________________ - refers to use of personal notes, etc. as an aid to refresh the witness memory
Officers Testimony at Preliminary hearings-Prop 115, Evid Code 872(b) (w/b p1-32)