Chapter 4- Types Of Evidence Flashcards
What is at issue ?
Refers to all the disputed facts that are needed to establish the element of the crime(s) charged and the defendants guilt beyond reasonable doubt.
- If the defendant pleads “not guilty,” all facts necessary to establish the crime are “ at issue.”
Therefore evidence can be admitted to establish them.
What is probative value?
Having the effect of proof, tending to prove, or actually proving.
Probative evidence establishes or contributes to proof.
evidence must make it appear that a fact probably occurred
What are probative facts?
They are matters of evidence that make the existence of something more probable or less probable than it would be without them.
What is real evidence (demonstrative, tangible, physical)?
Any evidence that is perceived by the “5” senses also refers to physical objects.
Ex) gun, knives, blood soaked clothing, pictures, images, documents, checks/ ransom notes
What is circumstantial evidence?
Relies on inference being established and can indirectly disprove a fact.
- needs no personal knowledge or observation of the witness
- Can be strong in establishing guilt and getting a conviction
What is direct evidence?
Based on personal knowledge or observation of the person testifying.
- need no presumption or or inference
- “eyewitness evidence “
What is an inference?
A logical conclusion that a person can make based on the facts or group of facts.
What is testimonial evidence?
Witnesses testify under oath as to what they saw and heard.
- can be used as evidence
- also to statements made in affidavits and depositions
What is a stipulation?
An agreement before trial between the opposing attorneys to admit that one or more facts exists.
Ex) in pre trials: written document
Ex) during trial: stated orally for the record
Can jurors base their verdict on stipulations in criminal trials?
Yes they can
What is relevant evidence?
Means 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.
- not all relevant is admissible in court
Reasons
1) evidence is obtained in violation of rights
2) violations of the hearsay rule or the fact that the information is privileged.
What is the federal rule 403?
The exclusion of relevant evidence, excluded if it’s probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or undue delay, waste of time, or needless presentation of cumulative evidence
What is cumulative evidence ?
Merely restates what has already been admitted into evidence and therefore may be excluded
- ex) 10 witnesses giving same account of what happened.
What is judicial notice?
A procedure in which the judge tells the jury to conclude that a fact exists.
* known as “commonly known facts”
What is a presumption?
Legal inference or assumption that a fact exists based on the known or proven existence of some other fact or group of facts
