Evidence, Objections, and Questions Flashcards
what is evidence?
DATA PRESENTED to a court or jury to PROVE (or disprove) a FACT. makes the argument clear, BOTH sides have ACCESS (disclosure)
what is direct evidence?
MOST CONVINCING EVIDENCE, it is COMPELLING and CONVINCES jury of defendant’s GUILT. ex. an eye witness
what is hearsay evidence?
evidence that someone OTHER than the WITNESS had SAID or WRITTEN. generally NOT ADMISSIBLE (3rd party information)
what is circumstantial evidence?
evidence that DOES NOT DIRECTLY PROVE something, but INDICATES to it, generally objectable. Ex. you are seen running away from the crime scene, does not mean you did it (paired with other evidence it could)
what is similar fact evidence?
evidence show the ACCUSED has committed a SIMILAR OFFENSE in the past. SUGGESTS A PATTERN. INADMISSIBLE in court as it may cause bias (to think guilty). often INTRODUCED during SENTENCING HEARINGS after guilt is established
what is opinion evidence?
INDIVIDUAL who can EXPLAIN the PHYSICAL EVIDENCE, usually an EXPERT WITNESS (can also be a character witness)
what is physical evidence?
PHOTOS, VIDEO, TAPE recordings, FORENSICS, etc. photos allowed to give ACCURATE REPRESENTATION of a scene. videos allowed if the person had NO REASONABLE EXPECTATION of PRIVACY
how are objections used?
by the crown or defense to OBJECT to a QUESTION or the ADMISSION of an EXHIBIT into evidence, if it will cause a MISCARRIAGE OF JUSTICE. ex. a leading question on direct
what are the types of objections (10)?
LEADING, HEARSAY, BADGERING, REPETITION, RELEVANCE, SPECULATION, COACHING, UNQUALIFIED OPINION, EVADING, FACTS NOT IN EVIDENCE
how can judges react to objections?
can either SUSTAIN or OVERRULE the objection
how can a lawyer treat a hostile witness?
can ask LEADING QUESTIONS on direct, to DRAW OUT NECESSARY INFORMATION (if there is no other way)
