Courtroom Evidence

Question 1

Records showing who handled evidence from seizure to presentation in court (start to finish)

Courtroom Evidence

Answer 1

CHAIN OF CUSTODY

Question 2

You can ask for anything to refresh your memory on the stand

The refresher is taken back before resuming testimony, does not go in evidence

The defense gets to cross-examine the refresher

Jury DOES NOT get it (unless its already evidence)

Courtroom Evidence

Answer 2

REFRESH MEMORY

Question 3

The original item, a reliable duplicate may work if you can justify lack of original

Original - actual document itself or counterparts intended to be equivalent

Duplicates - photocopies - inadmissible if authentication of quality or not legible

Courtroom Evidence

Answer 3

BEST EVIDENCE RULE

Question 4

Public Records and Documents - records and certifies or under seal

Business Records - record was made at or near the name to which the record pertains by a person with knowledge of the manner

Courtroom Evidence

Answer 4

SELF AUTHENTICATION

Question 5

Direct, Circumstantial, Real, Demonstrative

Courtroom Evidence

Answer 5

TYPES OF EVIDENCE

Question 6

Something that doesn’t require an inference (it raining outside, senses)

Types of Evidence

Courtroom Evidence

Answer 6

DIRECT

Question 7

Requires an inference that something had happened (my teacher walked in class, noticed she had rain on her umbrella) thinking about it instead of acting with a “direct” answer

Types of Evidence

Courtroom Evidence

Answer 7

CRICUMSTANTIAL

Question 8

Physical Evidence

Types of Evidence

Courtroom Evidence

Answer 8

REAL EVIDENCE

Question 9

Graphs, charts, something to demonstrate how something works

Types of Evidence

Courtroom Evidence

Answer 9

DEMONSTRATIVE

Question 10

Convicted felony (not arrests) with less than 10 years; misdemeanors related to honesty

Act on credibility, bias, cross-examination, specific instance, have to be convicted

Can’t impeach someone who was already arrested, shoplifting doesn’t count

Courtroom Evidence

Answer 10

IMPEACHMENT

Question 11

If one party does not want the jury to hear or see certain evidence, that party will have to file a motion to suppress or exclude the evidence.

Defense files the suppression motions

If jury is not present the judge will admit the evidence

Procedural Stages of Criminal Trial

Courtroom Evidence

Answer 11

PRE-TRIAL SUPPRESSION (MOTION HEARINGS)

Question 12

Question the potential jurors

Procedural Stages of Criminal Trial

Courtroom Evidence

Answer 12

VOIR DIRE

Question 13

What they expect the evidence will show

Procedural Stages of Criminal Trial

Courtroom Evidence

Answer 13

OPENING STATEMENTS BY COUNSEL

Question 14

Presents evidence followed by defendants cross examine of any witness

Procedural Stages of Criminal Trial

Courtroom Evidence

Answer 14

THE CASE-IN-CHIEF

Question 15

Never required to present evidence

Procedural Stages of Criminal Trial

Courtroom Evidence

Answer 15

THE DEFENSE CASE

Question 16

After defense case, a rebuttal may happen

Procedural Stages of Criminal Trial

Courtroom Evidence

Answer 16

THE REBUTTAL CASE

Question 17

Tell the jury what they believe the evidence showed

Procedural Stages of Criminal Trial

Courtroom Evidence

Answer 17

CLOSING ARGUMENTS

Question 18

Judge informs jury on the charged law and jury will apply the facts in reach the verdict

Procedural Stages of Criminal Trial

Courtroom Evidence

Answer 18

THE CHARGE TO THE JURY

Question 19

Defendant is convicted of any offenses

In federal criminal trials - the judge is the only one to determine sentences

Procedural Stages of Criminal Trial

Courtroom Evidence

Answer 19

SENTENCING