Card Set Information

2010-08-31 14:25:46

Show Answers:

  1. Evidence
    Testimony or items, entered into a court, to prove an issue or support an action
  2. Chain of custody
    Accounting of the whereabouts of a piece of physical evidence from seizure until it's introduction into court as evidence
  3. Best evidence rule
    Origional is needed as evidence unless it is destroyed alowing a copy to be entered into evidence
  4. Direct evidence
    Proves the fact directly
  5. Indirect evidence (circumstantial)
    Must use evidence with other evidence to come to conclusion
  6. Corroborative evidence
    Supports the initial piece of evidence making it more credible
  7. Cumulative evidence
    Added to the initial piece of evidence to lead the jury to the conclusion that the fact is proved
  8. Physical evidence
    Real evidence you can hold, touch, examine, store, read, feel, measure, etc.
  9. Documentary evidence
    Physical evidence in written form
  10. Testimonial evidence
    Physical evidence in spoken form
  11. Competency
    Qualities that make a piece of evidence admissable
  12. 4 issues in determining competency of evidence
    • Relevance
    • Materiality
    • Prejudice
    • Reliability
  13. Relevance
    How much the evidence is related to the issue being considered
  14. Materiality
    How important the information is to the jury's decision
  15. Prejudice
    How much the piece of evidence is to inflame the emotions of the jury
  16. Reliability
    How dependable the piece of evidence is
  17. General competence
    Is the witness competant to take the stand
  18. Content competance
    Witness can only testify to fact unless demed an expert witness in which he can testify to opinions rehardin significance of evidence
  19. Privilege
    Cannot testify aginst another if they share this privilage
  20. 4 privilaged relationships
    • Husband-wife
    • Attorney-client
    • Minister-penitent
    • Doctor-patient
  21. Mandatory reporter
    • A person who is required by their profession to report suspicious information
    • (doctor, nurse, teacher, police, pastor)
  22. Hearsay
    • Written or spoken evidence of an out-of-court statement
    • Entered as evidence to prove or disprove the content of the statement
  23. Hearsay is generally inadmisable as evidence because
    Depends on the credability of a person other than witness
  24. What can inadmisable hearsay be used for
    Used in information gathering process incloding PC for a search warrent
  25. Police reports are considered
  26. Exceptions to the hearsay rule
    • Admissions and confessions
    • Dying declarations
    • Spontaneous statements
    • Past recolection recorded
    • Present memory refreshed
    • Prior testimony
    • Anonymous scorces
    • Public record
    • Business record
  27. Past recollection recorded
    Officer can use his report to remember incident
  28. Present memory refreshed
    Use his report to remember all details of incident
  29. Prior testimony
    Information given under oath inan earlier court preceeding
  30. Anonymous sources
    Informants who identity must be protected and therefore can't testify
  31. Public record
    Public records are generaly admisable
  32. Business records
    Admisable unless their records are part of the case
  33. Admissions and confessions
    Held reliable if volentary and proceded by constitution rights
  34. Dying declarations
    Personmust believe they are dying and then die
  35. Spontaneous statements
    Statements must be made without time to reflect
  36. What is required for admission of eyewitness identification
    The relative suggestiveness of the method used
  37. Line-ups
    Used when the defendant is in physical custody
  38. Photo spreads
    Defendant is known but not in custody
  39. Ono-on-one confrontations
    Used when suspect and defendant are beingdetained
  40. 2 requirements for one-on-one to be admisable
    • Id should be done immediately after the crime
    • No attempt to influence witness' id
  41. What court consider when taking into account the admisability of one-on-one confrontation after an extended time from crime
    • Oppertunity of wit to view suspect
    • Wit degree of attention during the crime
    • Accuracy of prior description
    • Certainty at time of id
    • Length of time between crime and id
  42. 2 situation where one-on-one is appropriate
    • Wit is close to death
    • Suspect demands immediate id
  43. Role of attorney in eyewitness id
    • Before charging-w/o line-up or attorney
    • After charging-attorney can observe, suspect can't refuse id procudure
  44. Restrictions on id w/o police involvement
    May beused with normal testimonial restrictions
  45. Exclusionary rule of evidence
    Evidence gathered illigaly will be excluded from trial
  46. Fruit of the poisonous tree
    Evidence derived from evidence gathered illegaly will also be excluded from trial
  47. Intended purpose of exclusionary rule
    • Punish officers who violate a persons rights
    • It actualy harms public not police officers
  48. What makes the exclusionary rule still necessary
    Exclusionary rule is the remody to the violation of a person rights
  49. 4 exceptions to the exclusionary rule
    • Impeachment
    • Independant source
    • Inevitable discovery
    • "good faith"
  50. ER impeachment
    Illigaly gotten confession can be used to impeach a wit on the stand
  51. ER independant source
    Evidence found by a source entirely untainted by origional illegal evidence
  52. ER inevitable discovery
    Tainted evidence can be used if it would have inevitably discovered
  53. ER good faith
    Allows evidence obtained by officers acting in good faith
  54. Limitations of the exclutionary rule
    • Only evidence obtained by LE and brought to court
    • Dosn't apply to private citizens