cl part 7

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cl part 7
2013-10-30 21:07:05
cl part

cl part 7
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  1. Rules of Court Procedure
    • Assures fair trail
    • States Burden of Proof
    • The defendant’s right to testify
    • Right to confrontation
    • Hearsay Rule
    • Character Testimony
  2. States Burden of Proof
    • has the hardest job
    • Defendant doesn’t have to do anything bc 5th amendment
    • Gov must proof each element of each charge beyond reasonable doubt; you intended and caused
  3. The defendant’s right to testify
    • From 5th amendment- you are not compelled to testify against yourself
    • Jury cant used non testify against defendant
  4. Why lawyer doesn’t want you to testify
    • Not experienced- good lawyer can make your story seem bad
    • Not remember things
    • Come across poorly- bad manners
    • Have prior felony convictions- so jury don’t hear about the convictions
  5. Right to confrontation
    • Right to confront your accusers
    • Show not good evidence bc if true then can say to your face
  6. Hearsay Rule
    • Out of court statement/ that is offered in court/ for the truth of the matter asserted (believe what was written)
    • Someone on stand and say they testify about what someone else said --> not Admissible
    • Written statement
    • --The person has to come in and say what they originally said or written
  7. Exception to Hearsay Rule
    • Anything the defendant said out of court as admissions --> bc he could get on the stand
    • Excited utterance
  8. Excited utterance
    • Person said it in a excited state and they are given statement in that excited state- in admits of the event
    • 911 call
  9. Character testimony
    Cant ask anything about a person’s character bc bad people don’t always do bad things
  10. When is character testimony admissible?
    • Signature Crimes
    • Defendant puts good character in issue
    • If the defendant testifies
  11. Signature crimes
    commits crime in a unique way -->Evidence that the person did the first crime is evidence of the 2nd
  12. Defendant puts good character in issue
    • I am not guilty of this, I am not a violent person
    • Can now bring in previous evidence on whether he is good or bad
  13. If the defendant testifies
    Then you can bring in past evidence
  14. What happens if the state violates any of these rules
    • Evidence suppressed
    • Fruit of the Poisonous tree
  15. Evidence suppressed
    • the jury never hears primary evidence through the exclusionary rule bc of violation
    • Usually with the 4th/5th rule
    • Intended to prevent the police from saying the ends justify the means
  16. Fruit of the Poisonous tree
    • Admissibility of secondary evidence
    • Tainted if direct result of primary evidence
    • Even if have legal search warrant
  17. The Guilty plea
    • Where most cases resolved
    • Defendant needs to be assured that the plea is voluntary
    • Judge makes sure voluntary though a Canvass
  18. Canvass
    • Pleas voluntary
    • Aware of their rights and aware they are giving them up
    • • Liberty
    • • Right to remain silent (5th Amendment)
    • ** aware they have a right to a trial and by pleading guilty you don’t get trial