Courtroom Evidence

Question 1

what is the role of the judge

Answer 1

gatekeeper - let evidence in or out

Question 2

role of jury

Answer 2

triers of fact, decides what to do with evidence that is admitted at trial and how much weight to give to it

Question 3

Federal Rules of Evidence

Answer 3

helps judge decide what is admissible and what is not

Question 4

Purpose of pre-trial motions:

Answer 4

if there is evidence one side does not want jury to hear or see, they will file a motion to suppress or exclude the evidence (suppression motions)

Question 5

when does a trial start and end?

Answer 5

starts when the jury gets sworn in and ends when the verdict is entered

Question 6

When does FRE apply?

Answer 6

with exception of privileges, only applies at trial

Question 7

3 forms of evidence

Answer 7

testimonial, real/physical, demonstrative

Question 8

demonstrative evidence

Answer 8

Diagrams, models, charts - things that aide the jury to understand the context of what went on

Question 9

testimonial evidence

Answer 9

witness’ answer under oath

Question 10

real/physical evidence

Answer 10

thing we can touch (guns, drugs, photos documents)

Question 11

Procedural stages of trial

Answer 11

1. pre trial motions
2. voir dire (questioning of jury)
3. opening statements by counsel
4. prosecution case-in-chief
5. defense case
6. rebuttals
7. closing argument
8. charge to jury
9. sentending
10. post-trial proceedings

Question 12

relevant evidence

Answer 12

must be relevant to be admissible.

relevant if: it has any tendency to prove or disprove a fact in issue, prove or rebut a defense, concerns credibility of a witness

Question 13

Evidence that shows bad acts of defendant are inadmissible UNLESS they can show:

Answer 13

motive, intent, knowledge, plan or preparation, opportunity to commit the crime, modus operandi (pattern), identity of perp, impeachment by contradiction, predisposition to defeat entrapment

Question 14

direct evidence

Answer 14

observation. Proves something directly and without need to draw an inference or conclusion about what the evidence implies
Usually obtained through the senses
See, hear, smell, feel, taste
Ex: I saw him shoot the victim, i purchased drugs from him, she stabbed me, i saw him sign that document

Question 15

circumstantial evidence

Answer 15

indirect - Proves a fact through inference, deduction or conclusion based on other facts
Fingerprint was found on an item in the room (she was there) possession of stolen gun (she stole it) ballistics test (that gun fired this bullet) he ran when he saw LEO (guilty)
Most physical evidence is circumstantial because it proves something indirectly
Weakness: need to rely on jury to make the inference

Question 16

impeachment

Answer 16

an attack on the credibility (believability) of a witness

Any witness who testifies may be impeached on cross-examination or by other testimony or evidence

Question 17

basis for impeachment/factors that affect witness credibility

Answer 17

untruthfulness, omitting facts, Giglio, bias, inability to observe or accurately remember, expert witness, motivation to lie, contradiction, inconsistent statements

Question 18

Prior Convictions to Show Untruthfulness (FRE 609)

Answer 18

Can be used to show the person might be untruthful, and can be impeached if:
Any felony conviction in the last 10 years
Any misdemeanor offense related to truthfulness in the last 10 years leading to a conviction
10 year clock starts the day they are released from prison

Question 19

Impeachment evidence - what LEOs need to collect (3 things)

Answer 19

Collect evidence to impeach defense witnesses
Collect evidence that might impeach gov. Witnesses
Collect evidence to rehabilitate gov. Witnesses in case they are impeached

Question 20

authentication of evidence

Answer 20

“laying the foundation” showing that the item is what the person offering it claims to be

Question 21

How is the foundation laid?

Answer 21

through the testimony of a witness who can testify from personal knowledge that the exhibit being offered in court is the one that they saw, seized, or collected

Question 22

evidence tag

Answer 22

documents where and when the evidence was found and who found it

Question 23

chain of custody

Answer 23

documents where the evidence has been and who has handled it from the time it was discovered until the time it is offered in court. also documents any alternations to the evidence

Question 24

Best Evidence Rule (Original Document Rule)

Answer 24

the best evidence of a document is the original document itself
To prove the contents of a document (writing), the original document itself must be admitted into evidence

Question 25

Exception to Best Evidence Rule for lost, destroyed, or otherwise unavailable documents. One may testify to the contents of the document unless:

Answer 25

Person offering contents of document lost or destroyed it in bad faith Person offering contents of the document has it and does not produce it

Question 26

What counts as Legible, accurate copies are as good as the original

Answer 26

An original is actual document or counterpart intended to be equivalent of original Duplicates include carbon & photo copies, other techniques that accurately reproduce an original A “duplicate” is admissible to the same extent as an original provided if: No genuine issue exists as to authenticity of doc Not unfair to admit the duplicate (duplicate is clear & accurate)

Question 27

self-authenticating documents

Answer 27

Does not require a witness to testify and lay foundation (birth certificate) Gov. documents are self authenticating if accompanied by a seal or if certified as correct by custodian Business records are self authenticating if it is shown that the records were made and maintained in regular course of business