Evidence Flashcards
What are the three R’s for the rules of evidence?
Relevance, reliability, and Rightness
SCRE Rule 102 rules shall be construed to do what?
Secure fairness in administration, eliminate unjustifiable expense and delay, promote growth and development of evidence
Evidence
Any species of proof legally presented at the trial of an issue. (Ex. Witnesses, records, documents)
Proof
The effect of evidence; the establishment of a fact by evidence (evidence is cause, proof is effect)
Admissibility
Decided by judge; if evidence is eligible for trial
What is the purpose of the rules of evidence?
Rules of trial; help play the game effectively;
What is Weight of evidence?
Importance of evidence; decided by jury in trial
What is burden of proof?
The responsibility of proving all elements of crime in a case. Prosecutions responsibility.
Presumption
Conclusion derived from facts based on law, not probable reasoning; it is mandatory.
Inference
Reasoning from factual knowledge or evidence; it’s permissible
Direct evidence
Evidence that directly proves a fact without presumptions or inferences
Circumstantial evidence
Indirect evidence; ex. Observation of a person holding a wet umbrella is circumstantial that it’s raining
Judicial notice
Cognizant facts or laws not subject to reasonable dispute
What are the three rules that establish witness competency?
- First hand knowledge
- Ability to recall and account
- Understand significance of oath
What is the difference between competency and credibility?
Competency is decided by court; credibility is decided by trier of fact
What are the requirements for admissibility of evidence?
Must be relevant; must be material and have probative value
What are reasons relevant evidence may be excluded at trial?
- Probative value outweighed by unfair prejudice
- Confusion of the issues
- Misleading the jury
- Undue delay or waste of time
When can evidence of character, conduct and bias be used?
Evidence of bias, prejudice, or motive to misrepresent may be used to impeach witness; credibility may be attacked with opinion testimony about reputation
How can a witness be impeached by evidence of conviction for a crime?
What is the method for direct examination?
Oral questioning in open court; narrative form; interpreter must be provided when necessary;
What are the requirements for an expert witness? What type of testimony can they present?
Must be qualified as an expert by knowledge, skill, education, experience; can testify in the form of opinion
What is hearsay and reasons to exclude it are?
Statement offered to prove the truth of the matter asserted; reasons to exclude are no oath, no cross-examination, no opportunity to recall and acount
What are the types of testimonial privilege?
Lawyer/client, public safety/support team, spousal, confessor/priest, state and informant, self-incrimination, news/source,
When does the state and defendant have to
Disclose evidence?
When the information is favorable to the defendant and is material to guilt or sentencing, same for defendant evidence disclosed to the state
What is the procedure for lost or destroyed evidence in the state’s possession?
Defendant is entitled to due process to determine if evidence was: favorable to defendant, will abscesses of evidence be prejudiced, the level of gov. Culpability
What is the method for cross examination?
Allowed to ask leading questions; facts should come from knowledge and memory of the witness
