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Understanding Evidence: Roles, Laws, and Admissibility

This chapter introduces the concept of evidence in the legal system, discussing its roles in criminal complaint review, motions, plea bargaining, and trial. It also explores the difference between evidence law and criminal law, as well as the reasons for the rules of evidence and the exclusion of certain types of evidence. The sources of evidence law and tests for admissibility are also explored.

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Understanding Evidence: Roles, Laws, and Admissibility

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  1. CHAPTER 1 INTRODUCTION TO EVIDENCE

  2. What is Evidence? The data upon which a judgment or conclusion may be based, or by which proof or probability may be established.

  3. Evidence Roles of Evidence: • Criminal Complaint Review: DA files this after a police investigation and evidence which is recovered convinces him/her that there is legal cause for the arrest and prosecution.

  4. Motions: during a “1538 Motion”, the defense has the opportunity to challenge the manner in which evidence was seized during a police search. • View youtube video http://www.youtube.com/watch?v=IoIEb-vkEho

  5. FilteringProcess: a case may be filteredoutbecause of lack of evidence ( a decision-making process whereby some cases are screened out because of insufficient evidence, while other cases with stronger evidence move forward.

  6. PleaBargaining: occurs when the defendant waives his/her due processand adversarial rights in exchange for a guilty plea to be negotiated and reduced sentence. • Trial: the defendant’s guilt or innocence is determined by a jury or judge at trial. The DA presents inculpatory evidence (which tends to prove a guilt) and the defense counsel presents exculpatory evidence (which tends to proveguiltless or blameless).

  7. Difference between Evidence Law and Criminal Law: Evidence Law: NOCRIMES and NOPUNISHMENTS in the Evidence Code • Criminal Law: the corpus delicti (elements of the crime remain the same and contains punishments for violations. • PROCEDURAL LAW: rules on how evidence is COLLECTED during a criminal investigation and becomes ADMISSIBLE later in the courtroom.

  8. Legal Definition of Evidence: Evidence consists of: • TESTIMONY: the sworn statement given by a witness • WRITINGS:any documented and tangible form of communication, including handwriting, computer data, etc • MATERIALOBJECTS: physical objects including real evidence offered to the • TRIEROFFACT (jury or judge) • Establishing the existence or non-existence of a fact offered for PROOF

  9. Evidence and Proof • These items are NOT the SAME. • EVIDENCE is what is presented to the trier of fact. • PROOF is the “ENDRESULT” or state of mind created by the presentation of evidence.

  10. Adversarial System • OUR DUEPROCESSSYSTEM of justice stresses the presentation of evidence by both the District attorney and the Defense attorney.

  11. Reasons for the Rules of Evidence: 1. To seek the elements of fairjustice and dueprocess of law. 2. Prevent jurors from becoming confused or misled • The judge has the discretion to disallow evidence which is prejudicial, unrelliable, repetitive, or time-consuming (352 E.C.)

  12. THE JUDICIAL SYSTEM & CASELOAD

  13. 3. To expedite the trial process: LegalSufficiency– are there constitutional errors? Can the elements of the crime be proven? No obvious legal problems no obvious legal problems SystemEfficiency- is the case strong enough to spend the time, money, personnel and resources to prosecute? Trial Sufficiency – will the evidence reasonably support a conviction. ence support a conviction through plea bargaining or at trial

  14. Reasons Why Evidence Is Excluded: 1.ProtectConstitutionalRights

  15. 4thAmendment - Search & Seizure • 5thAmendment Miranda Rule • 6thAmendment to Counsel or Suggestive Lineup/Show-up • 14th Amendment - “Shocking Seizure” or Coerced Statement.

  16. 4thAmendment

  17. 2. To Protect a PrivilegedRelationship Privilege: A statutory reason where a witness can legally refuse to testify in court. • self-incrimination • husband-wife • doctor-patient

  18. 3. To Avoid Undue Prejudice • The evidence is “352’d” (disallowed by the judge) because it will be too: • Prejudicial • Confusing • Time-Consuming

  19. “MEMBERS OF THE JURY, HAVE YOU REACHED A VERDICT?”

  20. 4. Protect the Introduction of unreliableevidence Evidence can be unreliable due to issues with: • authentication • chain of custody • Kelly-Frye rule (scientificevidence) • hearsayevidence • witness competency

  21. Purposes for Offering Evidence in Court • ITEMOFPROOF: evidence is offered for the purpose of proving or disproving facts. • TO IMPEACH A WITNESS:to attack the credibility of a witness. • TO REHABILITATE A WITNESS: to restore the credibility of a witness. • TO ASSIST IN DETERMINING SENTENCE: evidence is presented to determine and calculate sentence after conviction.

  22. Sources of Evidence Law 1. STATUTELAW– procedures found in the E.C. 2. CONSTITUTIONAL LAW – embodies the amendments and articles in the U.S. and State Constitutions 3. CASE or DECISIONALLAW – involves interpretations from the appellate courts under the DOCTRINE of JUDICIALREVIEW

  23. Tests for the Admissibility of Evidence: • RELEVANT: evidence having a tendency to prove or disprove a fact of consequence to the outcome of the trial. • COMPETENTLYPRESENTED: a witness is properly able to give testimony in court. • LEGALLYOBTAINED: the search or seizure, admission or confession, witness identification, or other evidence meets constitutional and other legal standards.

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