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The Rules of Evidence

The Rules of Evidence. I OBJECT ! OVERRULED ! SUSTAINED !. Most Common Grounds for Objections. Leading Questions Hearsay Statements Opinion Statements Immaterial or Irrelevant Questions Non-Responsive Answers. Leading Questions. Suggests a particular answer to the witness. Example:

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The Rules of Evidence

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  1. The Rules of Evidence I OBJECT ! OVERRULED !SUSTAINED !

  2. Most Common Grounds for Objections • Leading Questions • Hearsay Statements • Opinion Statements • Immaterial or Irrelevant Questions • Non-Responsive Answers

  3. Leading Questions • Suggests a particular answer to the witness. • Example: • “Wasn’t it Tom you saw holding the knife and stabbing Al?” • SHOULD BE • “What did you see Tom do to Al?”

  4. Hearsay • Evidence given by a witness based on info received by someone else rather than personal knowledge. • Example: “Ann told me that she saw Tom stab Al with a knife.” • OBJECTION – Hearsay!

  5. Opinion Statements • Witnesses cannot give opinion that goes beyond common knowledge unless the witness is a recognized expert in the field. • Any witness can say they thought the car was in poor condition, but only a witness who is a mechanic could provide opinion about the condition of the brakes.

  6. Immaterial or Irrelevant Questions • A question that has no relevance in the case. • Asking a murder suspect about their personal life with no bearing on the case.

  7. Non-Responsive Answers • A reply that does not really answer the question. • Counsel will ask the judge to direct the witness to answer the question properly.

  8. Types of Evidence • Direct Evidence • Circumstantial Evidence • Character Evidence • Electronic Surveillance • Polygraph Tests • Voir Dire

  9. Direct Evidence • Testimony that proves a fact. • Example: Eyewitness Testimony • John Doe saw OJ kill his wife and her boyfriend.

  10. Circumstantial Evidence • Indirect evidence that leads to a reasonable inference of the defendant’s guilt. • Bloody socks • Blood in Bronco • DNA at both the crime scene and house • Fingerprints at the house • Bloody Glove at scene and also house • Shoeprints at crime scene

  11. Character Evidence • Shows the defendant as the type of person that would or would not commit this type of crime. • Prosecution cannot attack character. They can only rebut character evidence provided by defense. • Prosecution IS allowed to introduce past criminal records to test the defendants credibility.

  12. Electronic Surveillance • Requires electronics to overhear or record communications between people. • Wiretapping • Bugging

  13. Polygraph Tests Measures changes in pulse, breathing and blood pressure. Accuracy depends on examiner Results are not admissible in court. Anything the defendant says IS admissible.

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