EVIDENCE ADMIN JUST 104
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IN WHAT ARE CAN'T A PERSON BE IMPEACHED ON?
Expunged crimes - If a witness's criminal record has been expunged, it can't be used for impeachment
WHO HAS THE SPECIAL TRAINING IN A COURTROOM?
The bailiff has special training in courtroom security ans is handpicked by the presiding judge.
WHAT MUST A PERSON POSSES IN ORDER TO BE A WITNESS?
They must have personal knowledge of the matter which he or she testifies.
WHAT ARE THE 4 COMPONENTS OF WITNESS CAPACITY?
- NARRATIVE ABILITY
WHAT IS IT MEANT BY VOIR DIRE?
- The principle role of the prosecuting attorney is deciding which criminal charges should be prosecuted and which should be dismissed in the interest of justice.
- The principal function of the defense attorney is to make certain that all of the right of the accused are properly protected.
WHAT IS THE PURPOSE OF VOIR DIRE IS?
To eliminate from jury any person who is incapable of acting impartially.
HOW MAY A WITNESS BE QUALIFIED AS AN EXPERT?
All that is necessary to qualify as an expert witness is scientific technical or "specialized" knowledge that the ordinary person does not have.
WHO DETERMINES WHO QUALIFIES AS AN EXPERT WITNESS?
Before an expert may testify the judge must first determine whether the witness is qualified as an expert in the particular field.
WHAT IS IMPEACHMENT?
A process or a result that diminished or destroys the believability of a witness's testimony.
WHAT ARE THE 5 METHODS OF IMPEACHMENT?
- proof of bad character for truthfulness
- proof of prior inconsistent statement
- proof of bias or motive to falsify
- proof of lack of or diminished witness capacity.
DOES THE JURY HAVE TO BELIEVE OR CAN THEY THROW EVERYTHING OUT?
NO THEY DONT HAVE TO BELIEVE ANYTHING, YES THEY CAN THROW EVERYTHING OUT.
WHAT IS RES GESTAE?
- "the things done"
- refered to spontaneous utterance exceotion to the hearsay rule but could be meant to encompass any number of other exception. Therefore, it is ambigous and its should be avoided.
WHAT IS THE RATIONALE FOR THE HEARSAY RULE?
The law prefers the declarant of a statement to be present in court. Under oath, and subject to cross-examination rather than to have someone reapeat in court what the person said out-of-court.
CAN A SUBPOENA ISSUED IN CALIFONIA BE VALID IN ARIZONA?
NO. It needs to be sent to a judge in arizona then the judge must send it to the person in az.
WHAT IS A LAY WITNESS?
A person that has some personal knowledge about the facts of the case and who has been called upon to relate thsi imfomation in court. (law enforcement officer)
ARE POLYGRAPH TEST ADMISSABLE IN COURT?
polygraph resul are inadmissible in court no exeptions.
WHAT IS THE CONFRONTATION CLAUSE OF THE 6TH AMENDMENT?
It guarantees the defendant in a criminal case the right to be confronted w/the witness against him.
DOES THE HEARSAY EVIDENCE INCLUDE WEAPONS OR KNIFE?
If evidence is in any other form such as witness's present testimony in court or a tangible object, such as gun, the there is NO applicaiton of the hearsay rule to the evidence.
WHAT IS THE DIFERENCE BETWEEN A JURY TRIAL AND BENCH TRIAL?
BENCH TRIAL- is a trial by a judge w/out a jury
JURY TRIAL-a trial in from of a jury and judge. the jury decided if guilty or not.
WHAT IS A JUDICIAL NOTICE?
- Process or act by which a judge accepts a fact as true, w/out requiring formal proof, where the fact is either.
- 1) generally known with in the territorial jurisdiction of the trial.
- 2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
WHAT ARE OTHER REASONS JUDGE TAKE JUDICIAL NOTICE?
TO SAVE TIME, MONEY, AND NOT EMBARRAS
HOW DOES A GRAND JURY CHARGE A PERSON WITH A CRIME?
By issuing an INDICTMENT.
WHAT IS THE DIFFERENCE OF VENUE AND JURISDICTION?
VENUE- the neigborhood, county, geographical place
JURISDICTION- Legal authority to hear case (where they commit crime)
WHAT IS CHAIN OF CUSTODY?
How evidence is handle from the moment it is found to the moment it is offerend into trial as evidence. its where abouts and condition.
WHO DETERMINES WHO CAN BE IMPEACHED?
F.R.E. 607 permits any party to attack the credability of any witness.
WHATS THE STANDARD FOR CRIMINAL CONVICTION?
Proof beyond reasonable doubt and preponderence of evidence.
WHAT IS THE DIFFERENCE OF JUROR VOIR DIRE AND PEREPTORY CHALLENGES?
VOIR DIRE-is conducted by the dudge, attourneys may suggest question to ask by judge.
PEREMPTORY CHALLENGES- motion that excludes juror from jury panel without reason.
WHAT KIND OF EVIDENCE IS PREJUDICIAL?
Evidence that has a tendency to inflame the minds of jury ex are gruesome photographs of bloody victim in a homicide case.
WHICH ARE PRIVILEGE REALTIONSHIPS? PROTECTED BY F.R.E & PUBLIC POLICY
- HUSBAND - WIFE
- PARENT- CHILD (NOT CALIFORNIA)
- PHYSICIAN - PATIENT
- PSYCHOTHERAPIST - PATIENT
- CLERGY - COMMUNICATION
- LAW ENFORCEMENT - IMFORMANT
- ACCOUNTANT - CLIENT
- NEWS REPORTER - NEWS SOURCE
WHAT IS THE DIFFERENCE BETWEEN CONFESSION AND ADMISSION?
CONFESSION- A concious guilt by an accused
- ADMISSION- Statement that is evidence agaist him but not a conffesion.
- (every conffesion has an admission, but not every admission is a confession.)
IS THE DEFENDANTS SILENCE AN ADMISSION?
YES/ NEVER AN ADMISSION
WHAT CAN'T A PERSON NOT BE IMPEACHED FOR? NOT BRING UP
questioning a witness about religious beliefs or opinions is prohibited.
if a person has crimes expunged they cannot bring that up either.
WHAT ARE THE 5 REQUIREMENTS FOR BEING A WITNESS?
- UNDERSTAND THE DUTY TO TELL THE TRUTH
- take an oat or affirm that the truth will be told
- posses personal knowledge of perceived facts relevant to case.
- remember those facts
- communicate those facts.
WHAT CAN'T A WITNESS SAY TO THE JURY?
- The law prohibits a witness from telling they know in a narrative form to what jury should not hear.
- (cant give opinion)
WHO DETERMINES HUSBAND AND WIFE PRIVILEDGE?
THE F.R.E AND THE COMMON LAW and the couples themselves.
WHAT IS THE TEST FOR FREE AND VOLUNTARY OF A CONFESSION?
For a confession to be have been freely and voluntarily, the person making the confession must have been in a position to exercise complete mental freedom at the time the confession was made.
WHAT IS THE TEST FOR VOLUNTARINESS?
- According to The Supreme Court is the totality of the circumstances. specifically the test is whether under the totality of the circumstances the defendant's will was overborne when the defendant confessed.
- Any conduct by law enforcement officers that under the totality of the circumstances could cause a reasonable person in the position of the accused to feel coerced would violare these principals.
MIRANDA WARNING REQUIREMENTS?
THE WARNINGS REQUIRED BY THE CASE of miranda v. Arizona to be given to a suspect in custody before interrogation by the police officer can be valid.
- right to remain silent
- anything the suspect says might be used against them in court
- has the right to a councel present during questioning
- if cannot afford one one will be appointed at free cost.
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