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29 Cards in this Set
- Front
- Back
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What is evidence |
The information and things that the fact finder (judge, jury) is allowed to consider when dealing icing whether a defendant is guilty or not guilty |
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What is proof |
Result of or effect of evidence, while evidence is the means by which a fact is proved or disporved |
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Direct evidence is |
Evidence that proves a fact directly. When a witness testifies that she saw, heard, smelled, or felt evidence which go directly to the defendants guilt or innocence |
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Circumstantial Evidence is |
evidence which implies that the fact actually happened |
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substitute evidence |
does not have to be proved directly or circumstantially because it is a matter of common or legal knowledge |
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testimonial evidence |
what a witness says under oath on the stand, usually factual (what the witness saw, heard, smelled, felt, tasted) that relates to whether the defendant did or did not commit the crime |
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Opinions |
experts can give opinions... a lay witness may give an opinion if there is no other way to relate the facts |
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real evidence |
physical objects which are the original pieces of crime related evidence usually admitted so the jury can feel, see, hear, or touch them |
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demonstrative evidence |
drawings, models, mock ups |
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documentary evidence |
handwriting, photographs, taped conversations, business records |
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Leading questions are allowed during: |
cross examination |
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leading questions are typically not permitted during: |
direct examination |
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methods of impeachment: |
inconsistent statements ability to perceive or recollect hostility, prejudice deals prior felonies poor relevant bad acts |
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Exceptions to the hearsay rule |
- admissions - statements against penal interest - excited utterances - dying declarations - written records - statements of child victim of unlawful sexual abuse - state of mind - prior inconsistent statements - competency - scientific evidence |
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evidence is not admissible if it _______ prejudices the suspect |
unduly |
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polygraphs are_______ admissible |
never |
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other bad acts may be admissible if: |
- there is a valid purpose in the introduction of the evidence - the probative value outweighs the prejudice - the evidence is relevant to a material issue in the case |
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when a chain of custody is required: |
when evidence can change, dissipate, be tampered with, be substituted for, or be adulterated |
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When a chain of custody is not requires |
when evidence is not really subject to changes in composition, or tampering, is admissible if an officer can testify how he obtained the evidence and that it is in the same condition is was in when he got it. |
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Evidence is admissible if all of the following are established: |
- relevance - reliable - not unduly prejudicial - proper foundation (where found, how collected) - did not violate suspects constitutional rights |
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Mapp vs Ohio |
Exclusionary rule: any evidence taken in violation of 4th , 5th, 6th or 14th amendment rights is not admissible |
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Evidence is not admissible when: |
- illegally obtained - fruit of the poisonous tree |
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Exceptions to the exclusionary rule |
- purged taint: ^ subsequent and voluntary act dissipate the taint of the initial illegality - inevitable discovery - indépendant untainted source - good faith |
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Exclusionary rule DOES NOT APPLY to: |
- private searches (mom searching kids room) - post conviction sentencing - grand jury investigations (cannot refuse to answer questions based on illegality of evidence) |
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Rule 41.1 may be issued by |
- supreme court - court of appeals - district court - county court |
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Time 41.1 can be issued: |
- prior to arrest - after the arrest - prior to trial - during trial |
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Basis of 41.1 |
- PC tp believe an offense has been committed - reasonable grounds but not quite PC to suspect ^ committed the crime - results will be of material aid in determining if ^ is the bad guy |
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41.1 must be carried out |
-expeditiously - within 14 days - during the day time - officer will give a copy of the paperwork to ^ - no search except pat downs for weapons - return to the judge that says if ^ was arrested or released - if ^ not the bad guy all the non-testimonial identification procedures and copies will be destroyed - must be released or arrested |
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41.1 can take |
- saliva - blood - finger nail clippings and samples from underneath - handwriting - voice - photos - appear in line ups - try on clothing |
