criminal evidence midterm

Beyond a Reasonable Doubt

The highest level of proof in the legal system, where there is no logical explanation other than the person being guilty

Totality of the Circumstances

Looking at all the facts combined instead of focusing on just one single piece of evidence

Reasonable Suspicion

A specific reason to think a crime might be happening

Probable Cause

A strong, logical reason to believe a crime was committed or that evidence is in a specific place

U.S. Constitution

Limits and divides government power

U.S. Constitution: Federal Statutes

Congress must act within powers granted by constitution

4th Amendment

Right against unreasonable search and seizure

5th Amendment

Right to grand jury/indictment, privilege against self incrimination, right to counsel

6th Amendment

Public/speedy trial, right to counsel, confront/cross examine witnesses (confrontation clause)

Confrontation Clause (6th amendment)

Gives a criminal defendant the right to confront and cross examine the witnesses who testify against them

Adversarial System of Justice

A legal system where 2 opposing parties present their competitive cases before a neutral judge/jury who determines the truth

Admissible Evidence has to be:

Reliable, relevant, and competent

What is the duty of jury

Credibility of a witness

Matters of law is decided by:

The judge

Brady Rule

Government must provide defense with helpful evidence

Exculpatory Evidence

Evidence showing innocence

Criminal Court Process

Complaint - arrest warrant - arrest - preliminary hearing - grandjury/indictment - arraignment - case review - trial - appeals

Indictment

Formal charge by grand jury

Possible Pleas

Guilty, not guilty, insanity plea, no contest (nolo contendre)

Alford Plea

Offer to plead/plea bargain cannot be used as evidence

8% of cases go to:

Trial

Defendant convicted:

Can seek review by higher court (certiorari), may challenge conviction (habeas corpus), habeas also used to safeguard against illegal detention

Evidence

Prove existence of fact

Presumption of innocence

State’s burden to prove guilt

Types of Proof

Direct & Circumstantial

Direct Evidence proves..

Fact without need or presumptions/inferences

Example of Impermissible inference

Defendant is guilty because he did not testify

Witnesses

Presumption that adults are competent

Voir Dire

Question Competence

Opinion vs Expert Testimony

An everyday person sharing what they personally saw or heard vs. a professional giving specialized, scientific analysis

Direct vs. Cross Examination

A lawyer questioning their own witness to tell their side vs. An opposing lawyer questions that same witness to find holes in their story.

Testimony must be:

Relevant, material, and competent

Judicial Notice

Matters of general knowledge/reliable records/scientific facts

Privileges

Attorney-client, Marital, Doctor-patient

Hearsay

Offered to prove truth of the matter asserted

Not hearsay

Prior statement by witness, admission by party opponent, Co-conspirator rule

Bruton Issue

Blaming your partner behind their back

Forfeiture by Wrongdoing

A rule stating that if a defendant purposely makes a witness unavailable to testify, they lose their right to block that witness's past statements

Indicia of Reliability

Signs or clues that show an out of court statement is trustworthy enough to be used as evidence.

Hearsay Testimony

Witness on stand testifying as to what they were told or overhead. Statements must be assertive to fall within hearsay rule

Exceptions to Hearsay

Excited utterance, medical treatment statements, regularly kept business records, dying decs

Exceptions to the fruit of the poisonous tree

Independent source, inevitable discovery, attenuation

Curtilage & Open Fields

Private area immediately surrounding a home that is protected from warrantless searches; any lands beyond that area have 0 constitutional protection.

Plain View

A rule allowing police to seize evidence without a warrant if they are legally in a position to see it clearly and its illegal nature is immediately obvious