Courtroom Evidence Flashcards
Is the Defense required to present evidence?
No.
What is objection overruled?
Evidence is admitted and jury may consider it in deciding the verdict.
What is objection sustained?
Evidence is not admitted, Jury may not consider it.
What is admission & consideration of evidence?
When the prosecution or the defense offers evidence, the other side can object.
The judge decides whether the item is admitted or received into evidence
Does evidence have to be relevant?
Yes, Evidence is relevant if it has any tendency to prove or disprove a fact in issue.
What is Direct Evidence?
Proves something directly and without need to draw an inference or deduction.
Usually obtained through the senses
What is Circumstantial Evidence?
Proves a fact through inference, deduction or conclusion based on other facts.
Also called “indirect” evidence
What is impeachment?
An attack on the credibility (believably of a witness)
Any witness who testifies may be impeached.
If a witness is impeached, they may be rehabilitated
What do LEOs need to collect for impeachment evidence?
Information impeaching all witness
Information to rehabilitate government witnesses.
True or False.. collecting evidence in a way that preserves trace evidence does not mean you can lay a foundation later
True
What can be used to refresh a witness memory?
Anything
What is an original?
Actual document itself or counterpart intended to be the equivalent of the original.
Is a duplicate admissible to the same extent as an original?
Yes,
