Courtroom Evidence Flashcards
what is the role of the judge
gatekeeper - let evidence in or out
role of jury
triers of fact, decides what to do with evidence that is admitted at trial and how much weight to give to it
Federal Rules of Evidence
helps judge decide what is admissible and what is not
Purpose of pre-trial motions:
if there is evidence one side does not want jury to hear or see, they will file a motion to suppress or exclude the evidence (suppression motions)
when does a trial start and end?
starts when the jury gets sworn in and ends when the verdict is entered
When does FRE apply?
with exception of privileges, only applies at trial
3 forms of evidence
testimonial, real/physical, demonstrative
demonstrative evidence
Diagrams, models, charts - things that aide the jury to understand the context of what went on
testimonial evidence
witness’ answer under oath
real/physical evidence
thing we can touch (guns, drugs, photos documents)
Procedural stages of trial
- pre trial motions
- voir dire (questioning of jury)
- opening statements by counsel
- prosecution case-in-chief
- defense case
- rebuttals
- closing argument
- charge to jury
- sentending
- post-trial proceedings
relevant evidence
must be relevant to be admissible.
relevant if: it has any tendency to prove or disprove a fact in issue, prove or rebut a defense, concerns credibility of a witness
Evidence that shows bad acts of defendant are inadmissible UNLESS they can show:
motive, intent, knowledge, plan or preparation, opportunity to commit the crime, modus operandi (pattern), identity of perp, impeachment by contradiction, predisposition to defeat entrapment
direct evidence
observation. Proves something directly and without need to draw an inference or conclusion about what the evidence implies
Usually obtained through the senses
See, hear, smell, feel, taste
Ex: I saw him shoot the victim, i purchased drugs from him, she stabbed me, i saw him sign that document
circumstantial evidence
indirect - Proves a fact through inference, deduction or conclusion based on other facts
Fingerprint was found on an item in the room (she was there) possession of stolen gun (she stole it) ballistics test (that gun fired this bullet) he ran when he saw LEO (guilty)
Most physical evidence is circumstantial because it proves something indirectly
Weakness: need to rely on jury to make the inference
impeachment
an attack on the credibility (believability) of a witness
Any witness who testifies may be impeached on cross-examination or by other testimony or evidence
basis for impeachment/factors that affect witness credibility
untruthfulness, omitting facts, Giglio, bias, inability to observe or accurately remember, expert witness, motivation to lie, contradiction, inconsistent statements
Prior Convictions to Show Untruthfulness (FRE 609)
Can be used to show the person might be untruthful, and can be impeached if:
Any felony conviction in the last 10 years
Any misdemeanor offense related to truthfulness in the last 10 years leading to a conviction
10 year clock starts the day they are released from prison
Impeachment evidence - what LEOs need to collect (3 things)
Collect evidence to impeach defense witnesses
Collect evidence that might impeach gov. Witnesses
Collect evidence to rehabilitate gov. Witnesses in case they are impeached
authentication of evidence
“laying the foundation” showing that the item is what the person offering it claims to be
How is the foundation laid?
through the testimony of a witness who can testify from personal knowledge that the exhibit being offered in court is the one that they saw, seized, or collected
evidence tag
documents where and when the evidence was found and who found it
chain of custody
documents where the evidence has been and who has handled it from the time it was discovered until the time it is offered in court. also documents any alternations to the evidence
Best Evidence Rule (Original Document Rule)
the best evidence of a document is the original document itself
To prove the contents of a document (writing), the original document itself must be admitted into evidence
Exception to Best Evidence Rule for lost, destroyed, or otherwise unavailable documents. One may testify to the contents of the document unless:
Person offering contents of document lost or destroyed it in bad faith
Person offering contents of the document has it and does not produce it
What counts as Legible, accurate copies are as good as the original
An original is actual document or counterpart intended to be equivalent of original
Duplicates include carbon & photo copies, other techniques that accurately reproduce an original
A “duplicate” is admissible to the same extent as an original provided if:
No genuine issue exists as to authenticity of doc
Not unfair to admit the duplicate (duplicate is clear & accurate)
self-authenticating documents
Does not require a witness to testify and lay foundation (birth certificate)
Gov. documents are self authenticating if accompanied by a seal or if certified as correct by custodian
Business records are self authenticating if it is shown that the records were made and maintained in regular course of business
