AJ 104 Chapter 1

1. AJ 104 Chapter 1 Introduction

2. What is Evidence • Something that proves or disproves allegations and assertions. • In the legal sense, includes only what is “introduced” at trial.

3. What is Evidence • Testimony of Witnesses • Documents • Physical Objects • Marketing Statistics • Exams • Experiments • Video (In matters of fidelity)

4. Why is Evidence Gathered? • Why do police gather evidence?

5. What kinds of things can be used as evidence?

6. In The Video, What Could be Used as Evidence?

7. Evidence & The Burden of Proof • Burden of Proof – To produce credible evidence to prove the element of each crime charged. • Why is considered credible evidence??? • The smoking gun……. • The bloody knife……. • ?????

8. Beyond a Reasonable Doubt • What is beyond a reasonable doubt? • Proof that leaves you firmly convinced • In a criminal case it is the standard used in which a defendant is convicted. • Who’s responsibility is it to establish beyond a reasonable doubt? • Why?

9. What Burden does the Defense Has? • Does the Defense have to prove beyond a reasonable doubt? No…..except • Affirmative Defenses • Self-Defense • Duress • Intoxication • Entrapment • Insanity • The Defense must “introduce" evidence.

10. The Burden of Persuasion • The defense can try to persuade a jury that the prosecution has not established the defendant’s guilt. • “If the glove don’t fit, you must acquit”

11. Judge • Trier of the law • Judge (referee) – decides what is evidence admissible (testimony, photos, etc.) • Rules on questioning of witnesses • Objection “sustained” or overruled” • Uses prior case rulings • Judicial Discretion

12. Juries • A jury is a body of persons convened to render a verdict (finding of fact) on a legal question officially submitted to them, or to set a penalty or judgment in a jury trial of a court of law

13. Jury • Trier of Facts • The credibility of the witnesses • The weight to be given to the testimony of each witness • How the facts manage the definition of the crime • If the prosecution has established the case beyond a reasonable doubt • Has anyone in the class served on a jury?

14. The History of Evidence • The rules of evidence were designed to control the judge and jury • In the Middle Ages such abuses as: • Star Chamber, Inquisition forcing the suspects to confess • Torture chambers were designed to force confessions

15. History of Juries • Greek • First to rely on the community to pass judgement on a variety of cases. • Initially, the entire population was required to serve. • Eventually, jurors were drawn from a cross section of the community. (dicastery)

16. History of Juries • Roman • Relied on an early form of the jury system. • Juries consisted of 35 – 75 members. • Common law juries had the function of investigating crimes as well as conducting trials of the accused.

17. The “Rules of Evidence” • Each state has its separate rules • Each state enacts its own laws and rules of evidence • Exception: • Cases involving or under the control of the U.S. Constitution

18. Sources of Evidence Law • U.S. Constitution • U.S. Supreme Court • Federal Courts • Federal Rules of Evidence • State Rules of Evidence • State Case Law

19. U.S. Constitution • The Constitution has little bearing on evidence • If there is a violation in the defendant’s constitutional rights can evidence obtained be used? • The most significant Amendment that will impact this course is which?

20. U.S. Supreme Court • The final arbiter of the meaning of the U.S. Constitution • Very selective in the cases they hear • The court supervises the federal court system.

21. Federal Courts • U.S. Court of Appeals (13) • Hear cases involving violations of federal statutes • Will hear final appeals prior to a death sentence

22. Federal Rules of Evidence • Laws governing the admission of evidence • Enacted by Congress • Comprehensive set of rules designed to work together as whole.

23. State Rules of Evidence • Each state can enact their own evidence • Many states follow the FRE • Arizona & California combined their state rules with the federal rules

24. State Case Law • When they are not state laws present, the laws of other states (not binding) may influence a judge in a ruling. • If argued persuasively, it can “informally” affect the outcome of a case.

25. Impact of Case Law • U.S. Supreme Court interprets the Constitution • These rulings apply to the entire country • Miranda, Roe v. Wade • State courts can also rule that a state law violates the U.S. Constitution • This ruling stands until the SCOTUS rules otherwise.

26. Impact of Case Law • Stare Decisis aka “Case Law” • Prior decisions of appellate courts are considered binding on lower courts until: • Reversed • Vacated • Overruled

27. Review of Evidentiary Matters • Issues regarding evidence must be raised in trial court in order to preserve them for appeal • What is a case “on all fours?”

28. If an appellate court finds that a trial judge made an error, the “Harmless Error Rule” • Under the following conditions: • An error will not cause the case to be reversed on appeal unless the appellate court believes the error was likely to affect the outcome of the case.

29. How is Legal Research Done? • Law Library • CD’s • Internet • findlaw.com • usscplus.com • courtinfo.ca.gov

30. Review Questions • Define the term evidence.  Give Examples • Explain the term burden of proof.  • What is the role of the U.S. Supreme Court in determining the rules of evidence for Federal courts and for state courts? • Define what is meant by beyond a reasonable doubt.

31. Review Questions • In a criminal trial, who is the trier of the law, who is the trier of the facts, and what are their respective roles? • List three sources of law that governs evidence. • explain how to find the opinion of the U.S. supreme court in Terry v. Ohio, 392 U.S. 1, 20 L.Ed. 2d 889, 88 S.Ct. 1868 (1968). • Explain the Harmless Error rule.