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PRESENTATION OF EVIDENCE

Learning Domain 17

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PURPOSE FOR THE RULES OF EVIDENCE

Protect the jury from seeing or hearing evidence that is: (w/b p. 1-3)

Excluded by judge if consumes too much time

1. Relevant – ______________ all relevant evidence is admissible

______________________________ - ability to prove a point

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PURPOSE OF OFFERING EVIDENCE

As an item of proof

To _________ a witness, victim or defendant (means to attack their credibility)

Rehabilitate a witness

To determine sentence

Types of Evidence1. Testimonial Evidence

2. Real Evidence

3. Demonstrative Evidence

4. Circumstantial Evidence

5. Direct Evidence

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Chain of Custody Authentication of evidence from the time it

is recovered until its presentation in court

Every person handling

the evidence is a link in

the chain of custody.

Each link in the chain

must be documented.

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MAJOR TYPES OF PHYSICAL EVIDENCE

Fruits of a crime

Instrumentalities of a crime

Contraband

Mere evidence

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DIRECT EVIDENCE vs CIRCUMSTANTIAL

EVIDENCE Direct Evidence – proves a fact without inference.

__________ – a conclusion drawn from a fact or set of facts.

Circumstantial Evidence – requires inference (based on common sense).

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Evidence Code 352 If conflicting the court may exclude evidence

if probative value is substantially outweighed : (w/b p. 1-14)

Judge weighs ______ basic considerations:

1) Does the evidence tend to unduly influence the jury by arousing hostility or sympathy?

2) Will the evidence and/or the evidence required to counter it, consume an undue amount of time?

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Evidence Code 352

3) Will the evidence create side issues that distract the jury from the main point of the case?

4) Will the evidence ________________ the opponent who, acting in good faith, may be unprepared to deal with it?

Exclusionary Rule Exclusion of evidence obtained by

government agents in violation of the U.S. Constitution:

Weeks v U.S. Mapp v Ohio (1-15) Application also to:

Juvenile proceedings Narcotics commitments _____________________ Sentencing hearings

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Opinion & Expert Testimony Opinion Rule can be excluded if deemed

unreliable:1. Hearsay 2. Opinion evidence (lay person) Exceptions for non-expert (lay person) witness:

(w/b p. 1-16) Speed ___________ Size ____________ Questions of sanity Expert witness exception-voir dire examination

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PRIVILEGE

Definition - witness will not be required to state communication between them and another person based on privileges under the Evidence Code : (w/b p. 1-18)

1. self-incrimination (Fifth Amend)2. attorney-client3. psychotherapist-patient4. _____________5. clergy-penitent6. doctor-patient relationship

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CREDIBILITY WITNESSES If a witness is competent, their credibilitycredibility

may be drawn into question based on: (w/b p.1-19)

1. Manner in which they testify2. Character of the testimony3. Evidence affecting the witness’ character for

truth, honesty or integrity4. Demeanor of the witness5. Witness’ motive or contradictory evidence

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CREDIBILITY OF CHILDREN Considered competent if the child:

(w/b p.1-19)

1. Possesses the capacity to observe, recollect, and communicate events

2. Has the ability to understand questions and to formulate intelligent answers and

3. Understands the duty to _______________

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Officer Credibility

Officer’s Credibility: (w/b p. 1-20)

1. All evidence must be legally obtained

2. All evidence handled per chain of custody

3. All supporting evidence gathered, stored and documented properly

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EXCLUSION TO AVOID UNDUE PREJUDICE

Some otherwise relevant evidence is excluded from trial because of its potential to unduly prejudice the jury, i.e.

a. ________________________

b. Certain photographs

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HEARSAY RULE Generally not accepted Evid Code 1200 (third

party statements, person other than witness) EXCEPTIONS TO HEARSAY RULES

Spontaneous Statements (w/b p. 1-22) Made about some excited or unnerving event,

made at or near the time of the event, while the person is still under the excitement of the event

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ADMISSIONS & ADMISSIONS & CONFESSIONSCONFESSIONS

ADMISSIONS (w/b 1-23)

CONFESSIONS

Express Admission

Implied Admission

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EXCEPTIONS to HEARSAYEXCEPTIONS to HEARSAY

DYING DECLARATIONS ( w/b p. 1-25) Statements made by a dying person

1. About the circumstances surrounding the person’s impending death

2. Person must have a sense of impending death

3. _________________

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Records & Officer Testimony

Records and Officer Testimony: (w/b p.1-27) Official Records – written statements or

records made by a public official (coroner’s report, marriage certificate)

_________________ – written statements or records made by a business person who has a duty to know the facts as they relate to the business (personnel records, bank records).

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Records & Officer Testimony

Past recollection recorded - writings read into evidence when witness can’t recall

_____________________ - refers to use of personal notes, etc. as an aid to refresh the witness memory

Officers Testimony at Preliminary hearings-Prop 115, Evid Code 872(b) (w/b p1-32)