[CT] Chapter 4: Evidence {Proving Defendant’s Guilt or Lack of Guilt} Flashcards
Evidence is needed for… ?
Evidence is needed to find the defendant guilty or non-guilty.
Testimonial evidence
Is a statement made under oath by a witness before or during trial. The lawyer questions the witness and they answer by what they believe happened.
Documentary evidence
Is documents (papers) presented by an attorney during trail to prove the defendant’s guilt or non-guilt. It includes items such as, medical records, emails, wills, or store receipts.
Documentary evidence must be…?
Documentary evidence, presented in written form, must be RELEVANT and MATERIAL to the main issue.
Hearsay
When the witness answers with something that someone else told them.
True or False? Hearsay is not permitted at trail.
True!
Any statement that is hearsay is not admissible in court.
Physical evidence
It consists of physical objects that play a part in the crime, such as a gun, knife, or fingerprints taken at the scene of the crime.
Demonstrative evidence
It is used to demonstrate or explain visually an aspect of a witness testimony. It includes evidence such as diagrams(ex: a map of the crime scene), an anatomy chart, or photographs submitted as proof to explain and describe the facts of the case.
Overly prejudicial
Any evidence that would merely evoke sympathy, add nothing of substance to the issue, confuse the jury, or prevent them from focusing on the actual facts that prove the defendant’s guilt or non-guilt; a judge has the right to prevent the admission of the evidence.