Role of Evidence Flashcards
Steps to Evidence
Must be relevant
Do the rules of evidence exclude?
Does the evidence survive rule 403 balancing test?
= Admitted or excluded
Order of Proceeding
Pretrial Conference (16a)
-Narrow legal and factual issues that will be raised at trial and identify witnesses/ documents that will be offered as evidence
Pretrial Motions
-Motion in limine: keep something from jury : If don’t comply possible contempt or mistrial
Jury Selection
-Excused for cause or preemptory (not based on race or sex)
Opening Statements
-Present theme and theory of case and any evidence that will be raised
Plaintiff/Prosecution Case-in-Chief
-Present evidence
Most common: oral testimony
Direct, Cross, Redirect Examination
Direct: short, open-ended and non leading
Cross: rule 611b: limiting scope to what was asked on direct and witness credibility (for orderly presentation)
Redirect: clean up cross
Objections: sustained or overruled
Plaintiff/Prosecution Rests Case
Criminal: beyond a reasonable doubt
Civil: by preponderance of the evidence
Motions for JMOL
Called directed verdict in many state courts
Based on evidence presented thus far after plaintiff/prosecution has gone
Judge must grant if jury would find plaintiff/prosecution’s evidence meets the standard of proof (bard or poe)
Defendant’s Case in Chief
Redirect and recross usually for witness
Rebuttal and Surrebuttal
Plaintiff/prosecution can present more evidence as long as it clarifies
Defendant Rests Case
Closing Arguments
Jury Instructions
Also called charge of the court or jury charge
Apply law to facts
May have limiting instruction (consider evidence for certain purpose)
Lawyers may object to the charge
Jury Deliberation
Verdict/Judgment
Post Trial Motions and Renewed JMOL
If not granted, judge will enter judgment on the verdict
Federal Rule 102: Purpose of Rules
Federal Rule 102 allows judge to use federal rules of evidence to secure just determination and eliminate unjustifiable expense and delay
Rule 611: Court’s Control
Rule 611 gives judges power to comment to jury about the evidence and question witnesses (to make procedures effective for determining the truth, avoid wasting time, protect witnesses from harassment or embarrassment
Comments of Evidence?
Usually when charging jury
All matters of fact left to jury determination (can’t distort anything) Quercia v. United States
Standard of Review on Appeal
Abuse of Discretion
What is all jury can consider?
Law and evidence introduced at trial
Types of Evidence
Physical: real, demonstrative evidence
Witness Testimony:
Witness Credibility: perception, memory, logic/clarity, veracity (truthfulness) (are they someone who has lied on resume is example)
Direct (no inference needed)
Circumstantial (jury needs to make a logical leap)
Role of Attorney
Direct Examination: ask questions relating to witness’ knowledge to support case, no leading questions
Cross Examination: undermine credibility (question perception), illicit info that can help your case (literally opposite of direct when it comes to leading, trying to get witness to agree or disagree with you) poke holes
United States v. Yates
Rule of Law
A trial judge may not comment on evidence in a way that indicates to the jury that he believes elements of a party’s case have been proven.
Facts
Michael Yates (defendant) was charged with bank robbery. Yates signed a statement confessing to the crime, but later claimed that he did not know what he was signing and did not rob the bank. At trial, the prosecution sought to have the confession read aloud. The trial judge declined the request in front of the jury, saying, “It is clear in the record . . . that [Yates] did admit his participation in this bank robbery.” Yates was convicted. Yates appealed, arguing that the judge’s comments constituted reversible error.
Rule 614 court’s calling to examine witnesses
judge can call and question witnesses to clear up confusion and manage trial
a) calling: court may call at its request, each party entitled to cross examine
b) examining: court may examine regardless of who calls the witness
c) objections: party may object to court’s calling or examining either at that time or at the next opportunity when the jury is not present
Crandell v. US
Rule of Law
A trial judge may question witnesses, but only if his questioning does not indicate his beliefs about the witness’s credibility or the merits of the case.
Facts
Scott and Linda Crandell (plaintiffs) brought a medical-malpractice suit against the United States government (government) (defendant) based on the actions of staff members at Quantico Naval Hospital. At a bench trial, the plaintiffs called a medical expert witness. The trial judge interjected numerous times during the plaintiffs’ direct examination of the witness, openly questioning the validity of the expert’s testimony,
Rule 102: Role of Judge
To administer every proceeding fairly, eliminate unjustifiable expense and delay, promote the development of evidence law, to the end of ascertaining the truth and securing a just determination
Rule 403: excluding relevant evidence
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Rule 611: mode and order of examining evidence and presenting evidence
Control by the court; purposes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to:
Make those procedures effective for determining the truth
Avoid wasting time and
Protect witnesses from harassment or undue embarrassment
Judge can say how many witnesses and what order, time limit on presenting evidence
