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25 Cards in this Set
- Front
- Back
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competent witness
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able to give testimony in court
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admissibility of evidence
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evidence must be competently presented
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who is qualified to be a witness?
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law presumes every person, irrespective of age is qualified to be a witness, competent until proven incompetent
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3 tests for competency
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ability to observe and perceive, ability to recall and narrate, ability to understand the duty to tell the truth
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voire dire examination`
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to examine the qualificaition of a witness to testify
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credibility
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weight given to witness testimony by the trier of fact
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impeachment
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attack credibility of witness
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accomplice
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co principal in a crime who turns states evidence and testifies against another principal. permitted to plea bargain or obtain immunity
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rehabilitation
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restore or bolster the credibility of a witness. takes place during redirect examination
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burden of proof
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prosecution or defense establish a requisite degree of belief in the mind of the trier of fact
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proof
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occurs when prosecution or defense establishes a degree of belief concerning a fact in the mind of he trier of fact
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criminal negligence
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in order to commit a crime, California law requires a person either act with intent or fail to act (criminal negligence) where here is a legal duty imposed by the law
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reasonable doubt
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not mere possible doubt; because everything relating to human affairs is open to some possible or imaginary doubts
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corpus delicti
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essential elements or body of the offense which must be proven before a crime can be committed
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prima facie
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proof sufficient "on its face" to establish a fact unless contradicted by other evidence
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exclusionary rule
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illegal search triggers the rule and any evidence seized is inadmissable in court
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preponderance of evidence
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the degree of proof in establishing the legality of a search or seizure
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change of venue
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change of location of a rial to another jurisdiction due to adverse pretrial publicity
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dual sovereignty doctrine
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allows a prosecution on the same offense, if that offense violates the laws of two separate governmental jurisdiction
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dual liability doctrine
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no double jeopardy. prosecution for a crime and litigation for a tort (civil wrong) or asset out of the same criminal event
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privilege
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statutory reason where a witness can legally refuse to testify in court
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categories of privilege
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testimonial, confidential communication
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hearsay evidence
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evidence of a statement, that was made other than by the witness while testifying, that is offered to prove the truth of a matter slated. generally considered inadmissable and unreliable
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legal foundation for admission and confessions
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the statement must be legally obtained
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Dying declaration
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evidence of a statement made by a dying person with respect to the cause and circumstances of death. must be under sense of impending death
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