Rules of evidence
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Purpose of law of evidence
Enable a person to decide a disputed question of issue.
4 Sources of law of evidence
- US Constitution
- PA Constitution
- Case Law
Testimonial evidence also known as?
Direct Evidence is derived from what?
Real Evidence also known as?
Which evidence tells its own mute story making its impression upon the mind of the viewer?
What rule applies to Documentary evidence?
Best Evidence Rule
Best evidence rule is what?
Preference for original
4 types of evidence
- Testimonial Evidence (Direct)
- Real Evidence (Demonstrative)
- Documentary Evidence
- Circumstantial Evidence
3 things that qualify a witness statement?
- Opportunity to observe
- Ability to remember
- ability to relate accurately
4 stages of a trial
- Prosecution (until rests)
- Rebuttal (Prosecutor)
- Rejoinder (Defense)
4 types of witness examination
- Direct Examination (Question your witness)
- Cross Examination (Question opposition witness)
- Re-Direct Examination
- Re-Cross Examination (Can ask leading questions)
4 types of question?
- Leading Questions (Not allowed during Direct Exam, allowed on cross examination)
- Misleading Questions
- Argumentative Questions
- Question requesting a narrative response
Jury's main role?
Way to attack credibility, to show witness is unworthy of belief usually during cross examination?
4 methods of Impeachment
- Prior inconsistent statement
- Defect in sensory or mental capacity (Impairment)
5 levels of proof from highest to lowest
- 1 - Beyond a reasonable doubt
- 2 - Clear and convincing evidence
- 3 - Preponerance of evidence
- 4 - Probable Cause
- 5 - Prima Facie (Preliminary Hearing)
Two types of presumtions
- Irrebuttable: Cannot be disproved except by proving non existence of basic fact.
- Rebuttable: May be disproved by other evidence even if the underlying facts are true.
Burden in Criminal Law?
Presumption of innocence
The experience of mankind has shown to be valid?
Presumption of Fact
Drawn from the existence of established facts in the absence of contrary evicence (Possession of stolen goods)
Presumption of Law
Results from and is based on a process of reasoning, deduction, judgement or a conclusion drawn as a logical consequence from other facts proved or admitted.
What is a deduction the law requires?
What is a deduction that the fact finder may or may not draw according to thier own conclusions.
4 types of evidence that do not need to be proved?
- Admissions in pleadings
- Stipulations: Agreed to ahead of time
- Admissions by lawyers
- Judicial Notice
What is the recognition of facts subject to common knowledge of certain verification as trye by the court without either party having to prove them.
The logical relationship between the evidence and facts at issue in the trial.
Evidence that is related to some legitimate issue in the case?
Unreasonable search and seizures?
Which ammendment is enforced through Exclusionary Rule
Exclusionary Rule includes what 4 things?
- Urine samples
Ammendment: Self Incrimination, Forced confessions inadmissable, Fruit of the poisonous tree, Double Jeopardy
Ammendment: Confrontation of accusers, Impartial Jury, Assistance of councel
What applies the Bill of rights to the states?
A statement, picture or other item may be used to refresh memory is called what?
Present recollection Refreshed
4 rules of dying declaration?
- Dying imminently
- Aware that death is both near and certain
- Statement related to facts and circumstances surrounding the declarants death
- Declarant qualifies as competant witness
Circumstantial Evidence can be used to prove 4 things?
- Modus Operandi
- Absence of mistake
Chain of custody is proven what two ways?
- Witness ID's his markings or special ID
- Show a continous chain of custody
3 keys to lineups and photo arrays
- Arrest been made
- Right to council
- Similar features
Case prep begins?
On street with first radio call
When you arrive at the court house
3 key elements to effective testimony?
- Establish personal qualifications
- ID of the defendant
- Placement of defendant at the scene (establish jurisdiction)
What percentage of testimany strength lies in your presentation?
Rapid fire questions are used to?
5 defense tactice?
- Rapid fire questioning
- Friendly Counsel
- Mispronouncing officers name or rank
- Reversing the witness words
What would you like to do?
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