important terms

Question 1

evidence law

Answer 1

evidence = the means by which any alleged matter of fact is established or disproved in court

system of legal rules and standards which govern how evi may be tendered/used in courtroom
- what’s admissable vs not

prove smth

Question 2

evidence

Answer 2

• testimonies
• writings
• material objects
• photos
• recordings
• social media posts
• data

anything to help prove or disprove existence of a fact

Question 3

proof

Answer 3

the establishment by evi of a fact to a requisite degree of belief

it is the desired result of evi

Evidence hopes to be proof, if it works, its proof

Question 4

burden of proof

Answer 4

the obligation on a party (usually prosecutor) to produce sufficient evi to establish a fact or set of facts (eg, the defendent did it) at the requisite level of proof (eg, beyond reasonable doubt)

guilt is beyond reasonable doubt and lies on crown to reach this

Question 5

rules of evidence

Answer 5

these rules govern the admissibility of all that can form part of evidence

the rules of evi prohibit the intro of unreliable and overly prejudicial evi, especially if it lacks probative value (lacks ability to prove anything)

the judge is deciding whether evi is admissable or not

Question 6

some purposes for offering evidence in court

Answer 6

• as an item of proof
• to impeach (or discredit) a witness
• to rehabilitate (or support) a witness
• to assist in determining sentence

Question 7

tests for admissibility of evidence

Answer 7

evidence that is direct, relevant and competently presented is admissable

example of not:
- if evi obtained by breaching defendant’s rigths

Question 8

testimonial evidence (testimony)

Answer 8

given by a witness who has knowledge of the facts of case

Question 9

documentary evi (writings)

Answer 9

writings and tangible form of communication

• notes
• journals
• ledgers
• computer-generated data
• photographs
• audio and video recordings

Question 10

real evidence (material objects) fruits of the crime

Answer 10

fruits of the crime objects acquired as result of crime commission
- stolen property taken in a theft/robbery

Question 11

instrumentalities of a crime

Answer 11

objects used by perpetrator to commt (gun in murder, knife in assault)

Question 12

is contraband legal to possess?

Answer 12

no, it is prohibited and illegal to posses

• narcotics
• deadly weapons

Question 13

demonstrative evidence

Answer 13

maps, models, charts, diagrams, displays, computer simulations

meant to portray or enhance meaning of evi

Someone has created to help judge understand evidence - not actual proof itself

Question 14

physical evidence

Answer 14

entire range of trace, perishable, and other types of personal identification evidence which have comparable indv identifying characteristics or class characteristics

all to identify a person

• fingerprints
• blood
• biologicals
• hairs
• fibers
• DNA

Question 15

other forms of relevant evidence

Answer 15

evi which has any tendency to prove or disprove a disputed fact in a case

examples
- motive for crime; capacity to commit crime
- prior or threats or expressions of ill will by accused
- physical evi linking a suspect to the crime scene

Motive
Don’t prove they did it but can add up to prove

Question 16

direct evidence

Answer 16

evi that directly proves a fact (eg, without inference) often through witness testimony.

when they testify that they saw a defendent commit a crime, this is argued to be direct evi

Question 17

circumstantial evidence

Answer 17

proves a fact through inference

example:
- if a defendant’s latent fingerprints are recovered at a crime scene, even tho no one saw them there - it can be inferred that person was at location of crime
- tho not necessarily at time of crime

Fingerprints not direct evidence that they were there at direct time but shows they were there at one point

About 50% of evidence type brought in

Question 18

presumptions

Answer 18

assumption of fact that the law requires to made possibly from another fact or group of facts or sometimes by operation of law

example
- ppl are presumed to know the law and are presumed innocent

Question 19

inferences

Answer 19

deduction of fact that can be logically and reasonably drawn from a fact or group of facts

Question 20

judicial notice

Answer 20

matters of common fact, general knowledge or law that are universally known, easily references and not subject to dispute

Things that don’t need to be proved - they are obvious

evi can be presented as evi without adversial argument

example
- courses of nature
- scientific principles
- meanings of words and phrases
- geographic and historical facts
- legal procedures
- governmental reports

Question 21

lay witness

Answer 21

every ordinary citizen, including most police officers who have some personal knowledge of the facts being tried in a criminal case

general rule = testify about what they directly perceived with their own senses, saw, heard

not generally permitted to give their opinions

exception
- certain parts of the opinion evi rule

Question 22

expert witness

Answer 22

posses some special knowledge, skill, experiences, training, or education that’s relevant to facts being tried in case

permitted to state opinions and draw conclusions in conjunction with testimony

Not bound but important to consider

Question 23

presumption and burden of proof

Answer 23

all witnesses, regardless of age, are presumed competent to testify.

burden of proof falls to side which opposes the witness in court to prove incompetency

question of competency is decided during voir dire

Question 24

tests for competency

Answer 24

witness can be disqualified from testifying if they fail on ability to observe or perceive, recall or narrate, or understand the duty to tell the truth

examples
- young kids
- disabled
- handicapped

Question 25

credibility

Answer 25

the believability or weight given to a witnesses testimony by the trier of fact beleiving what person is telling u

Question 26

impeachment

Answer 26

to attack the credibility of a witness or to lessen the weight of that witnesses' testimony in the mind of trier of fact impeachment is hopeful outcome of cross or re-cross examination examples - physical or mental state of witness - bias - prior felony conviction - inconsistencies in testimony

Question 27

rehabilitation

Answer 27

lend support to credibility of a witness hopeful outcome of re-direct examination After impeached, opportunity to rehabilitate to get some evidence back to regain credibility

Question 28

2 grounds that make it hearsay

Answer 28

1. a witness recounts a statement they heard someone else say 2. evidence is led to get the court to believe that the statement is true must have both to be hearsay

Question 29

is hearsay admissable in court

Answer 29

not (subject to many exceptions) admissable in court to prove much of anything

Question 30

example of hearsay

Answer 30

Officer testifies that the defendant said he committed the crime. Officer tells the court this to try to convince the court that the defendant is guilty. (statement made out of court by one person, related to the court by another person and led to convince the court that the statement is true)

Question 31

non-hearsay example

Answer 31

Officer testifies that the defendant said it was so hot, one could fry an egg on the sidewalk. Officer does not intend for the court to accept that one could fry eggs on the sidewalk. (statement made out of court by one person, related to the court by another person but not led to prove the statement is true)

Question 32

principles exception to the hearsay rule

Answer 32

admissible if it's necessary and reliable under the principled exception to the hearsay rule If evidence is led including that is necessary and reliable - principled exception to hearsay rule and is admissible

Question 33

necessary in hearsay exception

Answer 33

need to present hearsay evi to the court bc there is no other way to get evi into trial hearsay version of this evi remains inadmissable it its possible to receive it directly rather than via hearsay means

Question 34

reliable in hearsay exception

Answer 34

factors about when and how the statement was made that make it likely to be true statements which everyone would tend to trust if they knew the circumstances under which they were made - statements made by someone w/ no motivation to lie (no interest in outcome of case) - a statement that's corroborated by other evi

Question 35

traditional exceptions to hearsay rule

Answer 35

Admissions by an accused ◼ Certain other statements made by an accused ◼ Statements against interest ◼ Statements that go against the declarant's i. interest ◼ Dying declarations of victims ◼ Statements made by a person who believes they are about to die ◼ Res gestae - the thing that happened