Evidence
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Definition of Evidence: Information; everything that is presented admissible in the courts. Testimony objects, writings, and other things presented to a jury of judge to prove existence or non existence of a fact so they can decide guilt or innocence.
All evidence, in the first instance, must relate to the issues in the case.
To be admissible in court, evidence must be: Relevant, On Balance, more relevant than unfairly prejudicial, Otherwise competent or admissible.
“Beyond Reasonable Doubt”: Proof that leaves you firmly convinced.
“Purpose of Rules of Evidence”: Designed to control the Judge and the Jury. To make the trial more business like and efficient.
“Trier of the Law”: Judge
“Trier of the Fact”: Jury If the case is heard with out a jury, the judge plays both.
What Supreme Court decisions apply to the states? State Case Law; Each state is free, within Constitutional Limits.
Can states enact own rules of evidence? Yes. Many states follow their own rules of Evidence.
“Harmless Error Rule”: States that an error will not cause a case to be reversed on appeal unless the appellate court believes the error was likely to affect the outcome of the case.
The defense has the right to ask these witnesses questions for the purpose of showing that they have not been truthful or they are mistaken. By listening to all of the witnesses , the defense can also decide how strong a case the prosecutor has. This information may become very helpful during plea bargaining.
Preliminary Hearing: 1. Prove that Crime was Committed 2. Require the defendant to face trial on the charge.
The purpose of the Grand Jury in criminal case is to take testimony, review evidence, and decide if the suspect should be charged with a crime. As well as primarily verifying efficient and honest country government. The grand jury is composed of citizens, not persecutors.
The minimum number of grand jurors who must vote for prosecution is set by state law.
Suppression Hearing: is to allow a judge to decide if evidence can be used at trial.
Rebuttal: The calling of a witness by the defense to attack the evidence intro. By the prosecution during rebuttal. Rejoinder: Judge allows cross examination
During deliberation, can jury members per sway? Yes
Hung Jury: is if the judge believes there is no chance of reaching a verdict, the jury will be dismissed and the trial will be over.
Sentencing hearings: Before the Appeal, After the Verdict.
Habeas Corpus: A separate civil lawsuit that is used to challenge illegal confinement. Used to request a reversal on a guilty verdict.
Direct Appeal: The most common appeal made to the higher court based on what happened at the trial.
Contemporaneous Objection Rule: The proper time to object, immediately after the question is asked and before the witness has the chance to answer.
Relevant Evidence: any evidence that tends to prove or disprove any disputed fact in the case. IT merely needs to show that it is more probable that the fact exists than it appeared before the evidence was introduced.
Relevant Evidence is admissible on balance, more relevant than unfairly prejudicial, must relate to issue of case. If related, it is relevant.
Corroborative Evidence: the evidence that is supportive of other evidence already given, tending to strengthen or confirm the prior evidence introduced.
Cumulative Evidence: repetitious of earlier testimonial or tangible evidence and corroborative evidence is additional evidence of a different character supporting the same point.
Circumstantial Evidence: Evidence that indirectly proves a fact.
Real Evidence: Evidence that can be perceived with the five senses that tends to prove a fact in the issue. A tangible object of exhibit that speaks for itself and requires little explanation.
Competent Evidence: Evidence that is admissible.
Incompetent Evidence: The law does not permit to be presented at all, or in relation to the particular matter, on account of lack of originality or of some defect in the witness, the document, or the nature of the evidence itself.
Prima Facie Evidence: Standing alone, unexplained or uncontradicted, is sufficient to est. a given fact,