Chapter 1 Introduction Flashcards
Evidence
Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact.
Blacks Law Definition: The collective mass of things, especially testimony and exhibits, presented before the tribunal in a given dispute.
Who has the burden of proof, defense or prosecution?
The prosecution has the burden of proof. The prosecution is required to produce creditable evidence to prove every element of each crime charged.
Who has the burden of persuasion, defense or prosecution?
Defense has the burden of persuasion. Defense must persuade the jury that the prosecution has not established the defendants guilt.
What are other names for Judge?
Trier or law, bench or the magistrate.
What is anther name for the jury?
Trier or facts.
Judicial Discretion
Some areas are obviously allowed while others are not, there is a grey area in between. A judge must decide what questions a witness can be asked. This is judicial discretion.
An example is to use judicial discretion to test the witness memory-to prove they have a bad memory
Attempting to introduce evidence that has only slight value to the case, introducer will argue it has high value opposing side will say it is not important. Judge has to decide and use his discretion.
Prosecutor
They represent the government and is charged with convicting those who are guilty. They are the gatekeepers to the court systems, the other is the grand jury. All criminal charges must go through one of these portals. Some states require felonies to be reviewed by both.
Who is the prosecutor for the federal court & who appoints them?
US Attorney General is the prosecutor for federal and they are appointed by the president & confirmed by the Senate.
Defense Attorney
Defendants counsel as required by 6th Amendment. Denial of counsel is automatic grounds for reversing a conviction no matter how strong the evidence of guilt. Defense attorney is responsible for trial strategy.
How have criminal trails changed over last 200 years?
Jurors used to be selected based on their knowledge of the case-now jurors are not supposed to have a prior opinion of cases
Jurors used to be abled to conduct their own investigations
In 16th century people with personal, financial interest, spouses of parties where also unable to testify. Connecticut abolished this rule in 1840.
Trails were much less formal & hearsay was admitted.
Witness were allowed to give long narratives & now short answers are given
Opposing attorneys broke into cross examination when ever they wanted
List 3 sources of law that govern evidence
US Constitution
US Supreme Court
US Federal Court
What is the role of the US Supreme Court in determining the rules of evidence for federal courts? For state courts?
In 1975 US Supreme court adopted The Federal Rules of Evidence, as it was drafted by nationally renowned judges, attorneys & legislators. forwarded it Congress and they enacted it. The Federal Rules of Evidence immediately affected all Federal Courts.
Many state courts imitated federal rules. Nearly have of all state legislators enacted a bill adopting the federal rules as the official evidence law in their states.
Many other states modeled portions of their evidence laws after the federal rules.
