important terms Flashcards
evidence law
evidence = the means by which any alleged matter of fact is established or disproved in court
system of legal rules and standards which govern how evi may be tendered/used in courtroom
- what’s admissable vs not
prove smth
evidence
- testimonies
- writings
- material objects
- photos
- recordings
- social media posts
- data
anything to help prove or disprove existence of a fact
proof
the establishment by evi of a fact to a requisite degree of belief
it is the desired result of evi
Evidence hopes to be proof, if it works, its proof
burden of proof
the obligation on a party (usually prosecutor) to produce sufficient evi to establish a fact or set of facts (eg, the defendent did it) at the requisite level of proof (eg, beyond reasonable doubt)
guilt is beyond reasonable doubt and lies on crown to reach this
rules of evidence
these rules govern the admissibility of all that can form part of evidence
the rules of evi prohibit the intro of unreliable and overly prejudicial evi, especially if it lacks probative value (lacks ability to prove anything)
the judge is deciding whether evi is admissable or not
some purposes for offering evidence in court
- as an item of proof
- to impeach (or discredit) a witness
- to rehabilitate (or support) a witness
- to assist in determining sentence
tests for admissibility of evidence
evidence that is direct, relevant and competently presented is admissable
example of not:
- if evi obtained by breaching defendant’s rigths
testimonial evidence (testimony)
given by a witness who has knowledge of the facts of case
documentary evi (writings)
writings and tangible form of communication
- notes
- journals
- ledgers
- computer-generated data
- photographs
- audio and video recordings
real evidence (material objects) fruits of the crime
fruits of the crime objects acquired as result of crime commission
- stolen property taken in a theft/robbery
instrumentalities of a crime
objects used by perpetrator to commt (gun in murder, knife in assault)
is contraband legal to possess?
no, it is prohibited and illegal to posses
- narcotics
- deadly weapons
demonstrative evidence
maps, models, charts, diagrams, displays, computer simulations
meant to portray or enhance meaning of evi
Someone has created to help judge understand evidence - not actual proof itself
physical evidence
entire range of trace, perishable, and other types of personal identification evidence which have comparable indv identifying characteristics or class characteristics
all to identify a person
- fingerprints
- blood
- biologicals
- hairs
- fibers
- DNA
other forms of relevant evidence
evi which has any tendency to prove or disprove a disputed fact in a case
examples
- motive for crime; capacity to commit crime
- prior or threats or expressions of ill will by accused
- physical evi linking a suspect to the crime scene
Motive
Don’t prove they did it but can add up to prove
direct evidence
evi that directly proves a fact (eg, without inference) often through witness testimony.
when they testify that they saw a defendent commit a crime, this is argued to be direct evi
circumstantial evidence
proves a fact through inference
example:
- if a defendant’s latent fingerprints are recovered at a crime scene, even tho no one saw them there - it can be inferred that person was at location of crime
- tho not necessarily at time of crime
Fingerprints not direct evidence that they were there at direct time but shows they were there at one point
About 50% of evidence type brought in
presumptions
assumption of fact that the law requires to made possibly from another fact or group of facts or sometimes by operation of law
example
- ppl are presumed to know the law and are presumed innocent
inferences
deduction of fact that can be logically and reasonably drawn from a fact or group of facts
judicial notice
matters of common fact, general knowledge or law that are universally known, easily references and not subject to dispute
Things that don’t need to be proved - they are obvious
evi can be presented as evi without adversial argument
example
- courses of nature
- scientific principles
- meanings of words and phrases
- geographic and historical facts
- legal procedures
- governmental reports
lay witness
every ordinary citizen, including most police officers who have some personal knowledge of the facts being tried in a criminal case
general rule = testify about what they directly perceived with their own senses, saw, heard
not generally permitted to give their opinions
exception
- certain parts of the opinion evi rule
expert witness
posses some special knowledge, skill, experiences, training, or education that’s relevant to facts being tried in case
permitted to state opinions and draw conclusions in conjunction with testimony
Not bound but important to consider
presumption and burden of proof
all witnesses, regardless of age, are presumed competent to testify.
burden of proof falls to side which opposes the witness in court to prove incompetency
question of competency is decided during voir dire
tests for competency
witness can be disqualified from testifying if they fail on ability to observe or perceive, recall or narrate, or understand the duty to tell the truth
examples
- young kids
- disabled
- handicapped
credibility
the believability or weight given to a witnesses testimony by the trier of fact
beleiving what person is telling u
impeachment
to attack the credibility of a witness or to lessen the weight of that witnesses’ testimony in the mind of trier of fact
impeachment is hopeful outcome of cross or re-cross examination
examples
- physical or mental state of witness
- bias
- prior felony conviction
- inconsistencies in testimony
rehabilitation
lend support to credibility of a witness
hopeful outcome of re-direct examination
After impeached, opportunity to rehabilitate to get some evidence back to regain credibility
2 grounds that make it hearsay
- a witness recounts a statement they heard someone else say
- evidence is led to get the court to believe that the statement is true
must have both to be hearsay
is hearsay admissable in court
not (subject to many exceptions) admissable in court to prove much of anything
example of hearsay
Officer testifies that the defendant said he committed the crime. Officer
tells the court this to try to convince the court that the defendant is
guilty. (statement made out of court by one person, related to the court
by another person and led to convince the court that the statement is
true)
non-hearsay example
Officer testifies that the defendant said it was so hot, one could fry an
egg on the sidewalk. Officer does not intend for the court to accept that
one could fry eggs on the sidewalk. (statement made out of court by one
person, related to the court by another person but not led to prove the
statement is true)
principles exception to the hearsay rule
admissible if it’s necessary and reliable under the principled exception to the hearsay rule
If evidence is led including that is necessary and reliable - principled exception to hearsay rule and is admissible
necessary in hearsay exception
need to present hearsay evi to the court bc there is no other way to get evi into trial
hearsay version of this evi remains inadmissable it its possible to receive it directly rather than via hearsay means
reliable in hearsay exception
factors about when and how the statement was made that make it likely to be true
statements which everyone would tend to trust if they knew the circumstances under which they were made
- statements made by someone w/ no motivation to lie (no interest in outcome of case)
- a statement that’s corroborated by other evi
traditional exceptions to hearsay rule
Admissions by an accused
◼ Certain other statements
made by an accused
◼ Statements against
interest
◼ Statements that go
against the declarant’s i.
interest
◼ Dying declarations of
victims
◼ Statements made by a
person who believes they
are about to die
◼ Res gestae - the thing that happened
