Chap 2 Legal Considerations Flashcards
Define “Laws of Evidence”.
These are rules/regulations governing how evidence is presented at trial.
Fruits of the poisonous tree refers to evidence obtained illegally.
Are the following 4 exceptions true or false?
It is typically inadmissible UNLESS:
1) The evidence came from an independent, untainted source
2) It would have been discovered inevitably
3) The chain of causation between the illegal action and tainted evidence is too remote
4) A search warrant not based on probable cause was executed in good faith
They’re all true.
There are several reasons why relevant evidence may be excluded from court. They will be listed below, please explain why these things impact admissibility:
1) Evidence was illegally obtained
2) Chain of custody was broken
3) The evidence is protected by confidentiality or privileges
4) The evidence is prejudicial
1) In order to collect evidence police must have probable cause or a warrant. We, as US citizens, are protected from unreasonable searches.
2) The chain of custody keeps track of everyone who has had contact with the evidence. This process is meant to prevent tampering or contamination.
3) There are certain privileges that are protected. These include patient-doctor, attorney-client, spousal, and clergy-parishoner.
4) The evidence would inflame the jury and reduce the odds of having a fair trial.
There are several reasons why relevant evidence may be excluded from court. They will be listed below, please explain why these things impact admissibility:
1) Evidence was illegally obtained
2) Chain of custody was broken
3) The evidence is protected by confidentiality or privileges
4) The evidence is prejudicial
1) In order to collect evidence police must have probable cause or a warrant. We, as US citizens, are protected from unreasonable searches.
2) The chain of custody keeps track of everyone who has had contact with the evidence. This process is meant to prevent tampering or contamination.
3) There are certain privileges that are protected. These include patient-doctor, attorney-client, spousal, and clergy-parishoner.
4) The evidence would inflame the jury and reduce the odds of having a fair trial.
There are 4 primary types of evidence. They will be listed below, please provide specific examples:
1) Testimonial
2) Demonstrative
3) Documentary
4) Physical/Real
1) Testimonial: Spoken statements by victims, witnesses, suspects, police, expert witnesses
2) Demonstrative: Used to show the jury how something looked like or what may have happened. This includes sketches, maps, pictures, models, computer renditions, videos.
3) Documentary: Tangible communicative evidence such as emails, texts, journal entries, notes.
4) Physical/Real: Evidence that uses physical or chemical characteristics to prove a fact.
What criteria does the Frye Test/Test of General Acceptance establish for evidence admissibility? Hint: This is the more strict test.
Is the evidence generally accepted in the scientific community?
How did the validity of the precursor to the the polygraph result in the Frye Test/Test of General Acceptance?
A court ruled that the results from the precursor to the polygraph were inadmissible because this method was not accepted in the scientific community. This established the standard for general acceptance in the scientific community.
The Daubert Test establishes 5 criterion for evidence admissibility.
1) Can the theory be scientifically tested?
2) Has the theory/technique been peer reviewed?
3) Does the technique have a known error rate?
4) Did the technique’s practitioner adhere to the scientific method?
5) Is the technique generally accepted in the scientific community?
How is this test less strict than the Frye Test?
All 5 criterion do not have to be met to allow evidence into court. A new technique be allowed into court despite lack of peer review and general acceptance in the scientific community.
What happened in Daubert v Merret Dow Pharmaceuticals? How did this lead to the creation of the Daubert test?
Pregnant women took a medication from this company and their children were born with serious birth defects. There was evidence of these birth defects occurring in mice but no trials had been done on humans. Neither side had evidence (regarding the medication’s effect on human pregnancies) that were peer reviewed and accepted/denied. Eventually, the Supreme Court ruled that birth defects found in mice should be admitted.
This ruling lead to the creation of the Daubert test. It allows flexibility so evidence that is not peer review/widely accepted in the scientific court can be admitted.
What does the Federal Rule of Evidence (FRE) do?
It governs the introduction of evidence in trials.
Rule 702 establishes…?
The definition of an expert witness. They are a person who offers opinions based on:
1) Facts/data
2) Form testimony based on reliable principles/methods
3) Their principles/methods adequately apply to the case
What did Kuhmo Tire CO LTD v Carmichael establish?
It established the judge as “the gatekeeper” of evidence. It is up to the judge to decide what is “scientific” knowledge. They are allowed to “gatekeep” testimony at their discretion.
