AMB 5100 Courtroom Testimony & Moot Court Flashcards
What are the roles/responsibilities of the jury and the judge?
The jury determines fact = what happened
The judge determines law = should evidence be submitted/rules of procedure and evidence
What are the general steps to a criminal legal process?
- Investigation
- Arrest
- Initial appearance
- Preliminary Hearing
- Arraignment
- Pleadings & pretrial motions
- Discovery
- Trial Sequence
What are the steps to the trial sequence?
Voir Dire = jury selection
Opening statements
Government case in chief (direct examination, cross examination and re-direct/re-cross examination as necessary)
Defense case in chief (direct examination, cross examination and re-direct/re-cross examination as necessary)
Rebuttal (evidence to undercut the defense’s case)
Closing arguments
Verdict (jury deliberates and must have a unanimous verdict or mistrial)
Sentencing (judge sentences according to guidelines)
Appeal (request of another court to decide whether the trial was conducted properly)
What is the Jencks Rule as it relates to discovery?
Government must disclose any statements or reports made by a government witness on the subject that the witness will testify about
(Ie. Seizure report, incident report)
What is the Brady Rule as it relates to discovery?
The government must disclose any information that is favorable to the defendant on the issue of guilt OR punishment
What is the Giglio Rule as it relates to discovery?
Government must disclose any information that bears on the credibility or bias of a government witness
What is evidence?
What are the classes of evidence?
Evidence = anything that tends to prove or disprove a fact at issue
Classes = Testimonial (spoken by witnesses at trial) & Real (physical/tangible object)
What is the difference between direct evidence and circumstantial evidence?
Direct evidence = testimony of someone who claims to have personal knowledge of the commission of the crime (eyewitness) [ie. Walking outside and seeing = direct evidence it is raining]
Circumstantial evidence = proof of a series of facts that tend to show whether the defendant is guilty or not guilty [ie. Someone entering a room carrying a wet umbrella = circumstantial evidence it is raining]
What governs the evidentiary proceedings in US district court?
FRE = Federal Rules of Evidence
(Except preliminary hearings, grand jury proceedings, issue of warrants)
All evidence must be what?
Relevant and reliable
What is inadmissible evidence?
- Not relevant
- Relevant but:
-collected in violation to the Constitution (exclusionary rule/fruit of poisonous tree)
-value is outweighed by creation of prejudice, confusion, misleading, delay, or needless presentation)
-hearsay
-privilege
What is hearsay?
statement made by someone other than the witness offering it at trial (ie. Gossip)
Not hearsay by definition:
-statements by the defendant
-statement adopted by the defendant
-statement by a co-conspirator
What may disqualify a person from being a witness/testifying at trial?
Privilege (Federal = 5th amendment against compelled self-incrimination/attorney-client/husband-wife/psychiatrist-patient and common law = doctor-patient/clergy-penitent)
Lack of personal knowledge for lay witness
Inadequate qualifications for expert witness
What are privileges that may prevent an otherwise qualified witness from testifying at trial?
Federal
-5th Amendment against compelled self-incrimination (overcome with valid waiver of Miranda rights)
-Attorney/client
-Husband/wife
-Psychiatrist/patient
Common Law
-Doctor/patient
-Clergy/penitent
What are the three primary rules of the FRE designed to ensure trustworthiness of real evidence?
Authentication & Identification = authenticate documents and identify non-documents) [ie. Record of prior conviction would be authenticated and a gun or bag of cocaine would be identified]
Best Evidence = original version is the best evidence (ie. Original documents/photographs are better than copies)
Sources of Evidence = all real evidence will require one or more witness with personal knowledge that relate the evidence to the case (ie. From the defendant, from a non-defendant, business records, governmental agency records and reports)
