Criminal Evidende Matthew Lipman

What is the relationship between the burden of proof and guilt beyond a reasonable doubt?

The burden of proof is the responsibility of the prosecution to prove the defendant's guilt. The standard is guilt beyond a reasonable doubt, meaning the evidence must leave no doubt that the defendant is guilty.

What are the differing roles of the judge and jury in a trial?

The judge ensures fair conduct of the trial and explains the law, while the jury determines the facts and decides on the defendant’s guilt or innocence based on the evidence.

How did trial by jury develop in England?

Trial by jury developed after the Magna Carta (1215), which established the right to trial by peers. It became formalized in the 14th century and played a key role in protecting citizens’ rights against arbitrary government actions.

What is the significance of the U.S. Constitution and the role of the Supreme Court in judicial review?

The U.S. Constitution is the supreme law, and the Supreme Court exercises judicial review to ensure laws comply with the Constitution. Through judicial review, the Court can declare laws unconstitutional, protecting individual rights.

What is the role of state courts in interpreting state constitutions?

State courts interpret state constitutions, which may offer more protections than the U.S. Constitution. They ensure laws comply with state constitutions and protect state-level rights.

What is the significance of precedent in law?

Precedent (stare decisis) means courts follow past decisions in similar cases to maintain consistency and fairness in legal rulings.

What is the Fourteenth Amendment and its relation to the Due Process Clause?

The Fourteenth Amendment guarantees equal protection and due process. The Due Process Clause ensures that states follow fair procedures before depriving a person of life, liberty, or property, and it is central to incorporation, applying federal rights to the states.

What is the relationship between federal rules of evidence and state rules of evidence?

Federal rules of evidence govern federal cases, while state rules apply to state cases. Both systems aim to ensure fairness, but state rules can differ from federal rules.

Why do we need rules of evidence?

Rules of evidence ensure fairness in trials by determining what information is admissible in court, protecting the rights of parties, and helping to maintain the integrity of the judicial process.

What does "appellant" mean?

The appellant is the party who appeals a decision in a higher court.

What does "appellee" mean?

The appellee is the party who responds to an appeal, usually the winner of the initial trial.

What is a "bench trial"?

A bench trial is a trial where the judge alone determines the verdict, rather than a jury.

What does "beyond a reasonable doubt" mean?

Beyond a reasonable doubt is the highest standard of proof in criminal cases, requiring the prosecution to prove the defendant’s guilt to the extent that no reasonable doubt remains.

What is "binding authority"?

Binding authority refers to legal sources, like statutes or case law, that a court must follow when making decisions.

What is a "brief"?

A brief is a written document submitted by an attorney presenting arguments and legal reasons to support a client's position in a case.

What is the "burden of persuasion"?

The burden of persuasion is the duty of a party to convince the court of their argument by presenting sufficient evidence.

What is the "burden of production"?

The e burden of production refers to the obligation of a party to present enough evidence to make an issue relevant in a case.

What is the "burden of proof"?

The burden of proof is the obligation to prove a claim in a trial, typically resting with the prosecution in criminal cases.

What does "certiorari" mean?

Certiorari is a writ issued by a higher court to review a case from a lower court, often used by the Supreme Court to select cases.

What is a "collateral attack"?

A collateral attack is a challenge to the legality of a conviction in a proceeding other than an appeal, such as a post-conviction motion.

What are the origins and primary sources of evidence?

The origins of evidence come from real-world events, situations, or transactions, which are then represented in the form of witness testimony, documents, physical evidence, and electronic records. Primary sources of evidence include direct evidence (e.g., eyewitness testimony) and circumstantial evidence (e.g., fingerprints, DNA).

What is the structure and organization of federal and state courts?

The federal court system is organized into district courts, courts of appeals, and the Supreme Court. State court systems vary but generally include trial courts, appellate courts, and state supreme courts. Both systems handle criminal and civil cases, but federal courts primarily handle cases involving federal law, while state courts deal with state law.

What are the roles and duties of courtroom actors?

• Judge: Presides over the trial, ensures rules of law are followed, and may issue verdicts in bench trials.

• Prosecutor: Represents the government, presenting evidence to prove the defendant's guilt.

• Defense attorney: Represents the defendant, challenging the evidence and ensuring the defendant's rights are upheld.

• Defendant: The individual charged with the crime.

• Jury: A group of citizens who determine the facts of the case and deliver a verdict.

• Witnesses: Provide testimony relevant to the case.

• Court reporter: Records everything that is said during the trial.

• Bailiff: Maintains order in the courtroom.

What are the procedural steps in a typical criminal prosecution from arrest to appeal?

• Arrest: The defendant is taken into custody after an alleged crime.

• Initial appearance: The defendant is informed of the charges and their rights.

• Preliminary hearing/grand jury: The court determines whether there is enough evidence to proceed to trial.

• Arraignment: The defendant enters a plea (guilty, not guilty, or no contest).

• Trial: The case is presented to a judge and/or jury. Evidence is introduced, and the defendant is either acquitted or convicted.

• Sentencing: If convicted, the defendant is sentenced according to the law.

• Appeal: The defendant may appeal the conviction or sentence to a higher court.

What is the definition of evidence?

Evidence is any material or testimony presented in court to prove or disprove a fact in dispute. It is used to support claims, establish facts, or influence the outcome of a case.

What are the various types of evidence that can be introduced in court?

• Testimonial evidence: Statements made by witnesses under oath.

• Physical evidence: Tangible items like weapons, clothing, or documents.

• Documentary evidence: Written or recorded materials.

• Demonstrative evidence: Objects, charts, or models used to illustrate points.

• Real evidence: Items directly related to the case, such as the object used in a crime.

• Digital evidence: Information from electronic devices (e.g., emails, photos, text messages).

What is the difference between direct and circumstantial evidence?

• Direct evidence directly proves a fact without the need for inference (e.g., eyewitness testimony, confessions).

• Circumstantial evidence requires inferences to connect it to a fact (e.g., fingerprints at a crime scene suggesting someone's presence).

What are the rules on relevant, material, and competent evidence?
A:

• Relevant evidence: Evidence that makes a fact more or less probable and directly related to the case.

• Material evidence: Evidence that has significant weight in proving a point crucial to the case.

• Competent evidence: Evidence that is legally admissible under the rules of the court and meets legal standards.

What are common substitutes for formal proof such as presumptions, inferences, judicial notice, and stipulations?

• Presumptions: Legal assumptions that a fact is true until proven otherwise (e.g., presumption of innocence).

• Inferences: Logical conclusions drawn from circumstantial evidence.

• Judicial notice: The court accepts certain facts as true without requiring evidence (e.g., well-known facts or laws).

• Stipulations: Agreements between parties regarding facts or evidence, which eliminate the need for proof.

Can you explain the 403 balancing test?

The 403 balancing test is a rule under the Federal Rules of Evidence that allows a judge to exclude evidence if its probative value (how useful it is in proving a point) is outweighed by the risk of unfair prejudice, confusion, misleading the jury, or wasting time. The judge must weigh these factors before deciding whether to admit the evidence.

What is the purpose of a preliminary hearing?

To determine if there is enough evidence to charge the defendant and proceed to trial.

Discuss the role of the grand jury. Why is the grand jury such a powerful institution?

The grand jury reviews evidence to decide if charges should be brought. It is powerful because it can indict without judicial approval.

Describe the function of an arraignment.

The defendant is informed of the charges and enters a plea.

Outline the purpose of pretrial motions.

To address issues like double jeopardy, speedy trial, change of venue, discovery, and suppression of evidence.

When is a defendant entitled to a jury trial?

When the crime carries a potential sentence of more than six months.

Discuss the constitutional requirements regarding the size of the jury.

Jurors must have at least six members, and for federal felonies, twelve members.

What are the limitations on juror selection?

Juror selection cannot discriminate based on race, gender, or other protected characteristics. The jury must represent a cross-section of the community.

What is voir dire? Discuss challenges for cause and peremptory challenges.

Voir dire is jury selection. Challenges for cause remove biased jurors, and peremptory challenges allow attorneys to remove jurors without a reason.

What is the purpose of the opening statement?

To outline the case and the facts to be proven.

What is the significance of the burden of proof?

The prosecution must prove the defendant's guilt beyond a reasonable doubt.

What information is included in the judge's instructions?

Guidance on the law and how to apply it to the case.

Discuss whether jury unanimity is required.

Jury unanimity is generally required, though some jurisdictions may accept a majority.

What are the policy arguments for and against plea bargaining?

For: Saves time and resources. Against: May pressure innocent defendants to plead guilty.

Describe sentencing guidelines.

Guidelines help determine sentences, but recent Supreme Court rulings made them advisory.

Why are defendants provided with criminal appeals?

To challenge convictions or sentences. Only final judgments can be appealed.

Describe the importance of the writ of habeas corpus.

It protects against unlawful detention by allowing challenges to wrongful imprisonment.

What is the test for relevant evidence?

Evidence is relevant if it makes a fact more or less probable.

Explain the requirement that evidence must be material.

Evidence is material if it is significant to the case and relates to a fact at issue.

Why do different items of evidence differ in terms of their

probative value?

Items of evidence differ in probative value based on how strongly they support or disprove a fact.

Define the requirement that evidence must be competent.

Competent evidence is admissible in court and meets legal standards like authenticity and reliability.

Discuss the legal standard for the exclusion of relevant evidence based on prejudice.

Evidence may be excluded if its probative value is outweighed by unfair prejudice or confusion.

Give an example of evidence excluded because of the risk of confusion.

Graphic crime scene photos may be excluded if they risk confusing or misleading the jury.

Distinguish between direct and circumstantial evidence.

• Direct: Directly proves a fact (e.g., eyewitness testimony).

• Circumstantial: Indirectly proves a fact (e.g., fingerprints).

Give examples of testimonial and real evidence.

• Testimonial: Statements from witnesses under oath.

• Real: Physical objects (e.g., a weapon or clothing).

Define stipulations.

Agreements between parties on certain facts, eliminating the need for evidence on those points.

What are the procedural steps for judicial notice? When may a judge exercise judicial notice?

Judges may recognize facts as true without proof if they are indisputable or widely known.

Explain the difference between an inference and a presumption.

• Inference: A logical conclusion based on facts.

• Presumption: A legal assumption that a fact is true unless disproven.

Distinguish between conclusive and irrebuttable presumptions. What are the concerns that arise in the use of presumptions in criminal cases?

• Conclusive: Cannot be contested.

• Irrebuttable: Must be accepted unless direct evidence contradicts it.

Give three examples of rebuttable presumptions in criminal law.

• Intent to commit a crime.

• Presumption of innocence.

• Presumption of sanity at the time of the crime.

Are circumstantial and direct evidence of equal value? Can an

individual be convicted solely on the basis of circumstantial

evidence?

No, they are not of equal value. Circumstantial evidence can be just as strong as direct evidence, but it requires inference. An individual can be convicted based solely on circumstantial evidence if it sufficiently supports guilt.

What are some examples of how circumstantial evidence

may create an inference of a defendant’s ability to commit a

crime?

• Presence at the crime scene.

• Possession of a weapon linked to the crime.

• Opportunity to commit the crime.

Circumstantial Evidence of Consciousness or Guilt

• Flight from law enforcement or the scene.

• Destruction of evidence.

• False or contradictory statements.

Circumstantial Evidence of a Victim of a Crime

• Forensic evidence (e.g., blood, fingerprints).

• Witness testimony of the victim's last known whereabouts.

• Signs of struggle or force.

Character Evidence Prohibition

Character evidence is prohibited to prevent unfair prejudice.
Exceptions:

• Defendant may introduce character evidence about themselves (Federal Rule 404(a)).

• Prosecution may rebut defendant’s character evidence or introduce evidence of other crimes (Federal Rule 404(b) and 405).

Character Evidence of a Victim

Yes, a defendant may introduce character evidence about a victim, typically in self-defense cases.

Prosecutor’s Character Evidence in Homicide Cases

The prosecutor cannot introduce character evidence about the defendant unless the defendant opens the door by introducing it first.

Character vs. Habit Evidence

• Character: General traits of a person (e.g., honesty).

• Habit: Regular, repeated behavior (e.g., always stopping at a red light).
  Habit evidence is admissible when it shows how a person is likely to act in a particular situation.

Rape Shield Statutes Requirements

1. Rape shield laws prevent the introduction of a victim's sexual history in court to avoid victim-blaming. Exceptions exist if the evidence is crucial to the case (e.g., proving consent or a different perpetrator).

Qualifications of Witnesses (Competency)

Witnesses must have personal knowledge of the facts, be able to understand and communicate their testimony, and take an oath to testify truthfully.

Types of Witnesses

• Fact/Lay Witness: Provides testimony based on personal observation or experience.

• Character Witness: Testifies about the defendant's character.

• Expert Witness: Offers opinions based on specialized knowledge, training, or experience.

Examination of Witnesses

• Direct Examination: The questioning of a witness by the party that called them to testify.

• Cross-Examination: The questioning of a witness by the opposing party, designed to challenge their credibility.

Child Witnesses

Child witnesses must be able to understand the importance of truth-telling, have the capacity to recall events, and give clear and coherent testimony. Special accommodations may be made for their age and understanding.

Witness Credibility

• Impeachment: Challenging a witness’s credibility (e.g., prior inconsistent statements, bias, or lack of perception).

• Rehabilitation: Efforts to restore the credibility of a witness, often after impeachment.

Scientific Evidence and Witnesses

Expert witnesses may provide testimony about scientific matters, such as forensic evidence or technical analysis, if their knowledge can assist the court in understanding the evidence.

Traditional vs. Federal Rules of Evidence on Witness Competency

• Traditional Approach: Focuses on age, mental capacity, and the ability to take an oath.

• Federal Rules of Evidence (FRE): Requires personal knowledge, mental capacity, and the ability to narrate facts, with less emphasis on age and more focus on the ability to understand and testify truthfully.

Oath, Personal Knowledge, Mental Capacity, and Narration

• Oath/Affirmation: Witness must swear or affirm to tell the truth.

• Personal Knowledge: Witness must have direct knowledge of the facts.

• Mental Capacity: Witness must have the ability to understand the questions and give coherent answers.

• Narration: Witness must be able to describe the events clearly and in detail.

Concerns about Child Witness Competency

Concerns include the child’s ability to understand the oath, remember the events, and communicate effectively.

• Judicial Approaches: Some courts allow for special accommodations (e.g., using age-appropriate language, allowing testimony via closed circuit TV) to ensure competency, while others may rule the child incompetent if they cannot understand the proceedings.

Judges and Jurors as Witnesses

• Judges and jurors are generally prohibited from testifying to prevent conflicts of interest and maintain impartiality.

• Spouses: In most cases, a spouse cannot be compelled to testify against their partner, though there are exceptions (e.g., cases of abuse).

Competency and Religion or Mental Challenges

• Religion: A person’s religious beliefs alone do not render them incompetent to testify.

• Mental Challenges: Mental incapacity can make a person incompetent to testify if they cannot understand the oath or communicate effectively.

Purpose of Impeachment of Witnesses

The purpose is to challenge a witness's credibility and reliability by revealing inconsistencies, bias, or lack of truthfulness.

Impeachment Based on Bias, Felony Convictions, and Dishonesty

• Bias: Challenge a witness’s credibility by showing they are prejudiced or have a vested interest.

• Prior Felony Convictions: Can be used to challenge the credibility of non-party witnesses or defendants.

• Dishonesty: Prior crimes involving dishonesty (e.g., perjury) can be used to impeach a witness.

Impeachment Examples

• Character for Truthfulness: Evidence showing a witness is untruthful.

• Uncharged Crimes/Immoral Acts: Evidence of behavior that questions a witness’s morals.

• Prior Inconsistent Statements: Prior statements that contradict testimony given at trial.

• Physical/Psychological Incapacity: A witness may be impeached based on inability to recall or understand facts due to mental or physical issues.

Present Recollection Refreshed vs. Past Recollection Recorded

• Present Recollection Refreshed: A witness uses notes or other documents to help recall facts during testimony.

• Past Recollection Recorded: A written document made at the time of the event is introduced as evidence if the witness cannot fully recall the details.

Are Lay Witnesses Limited to Testifying on the Facts of a Case?

Yes, lay witnesses are only allowed to testify about facts they personally observed. They cannot provide opinions or specialized knowledge unless it's based on their own experience or perception.

Frye vs. Daubert Approach to Scientific Evidence

• Frye Standard: Scientific evidence is admissible only if the technique or theory is generally accepted by the scientific community.

• Daubert Standard: Judges act as "gatekeepers" to ensure scientific evidence is reliable and relevant, considering factors like testing, peer review, and general acceptance.

Requirements for an Expert Witness

An expert witness must:

• Have specialized knowledge, skill, experience, training, or education in a relevant field.

• Provide testimony based on their expertise.

• The testimony must assist the trier of fact in understanding evidence or determining a fact in issue.

Areas Expert Witnesses Are Relied Upon in Criminal Trials

• Forensic Pathology: Cause of death, autopsies.

• Ballistics: Firearm analysis.

• Psychiatry/Psychology: Mental state, competency to stand trial.

• Toxicology: Drug or alcohol levels.

• DNA Analysis: Genetic evidence.

• Fingerprints/Footprints: Identification or comparison.

Lay vs. Expert Opinion Testimony

• Lay Opinion: A lay witness can provide an opinion only if it is based on their personal perception and helps clarify the facts of the case (e.g., "He seemed angry").

• Expert Opinion: An expert witness can provide opinions based on specialized knowledge, training, or experience, and their testimony must assist the court in understanding complex matters beyond the average person’s knowledge.

Types and Qualities of Scientific Evidence

• Types: Includes DNA, fingerprints, ballistics, toxicology, and forensic pathology.

• Qualities: Must be relevant, reliable, and valid. The scientific method should be applied, and evidence should be repeatable.

Standards Governing the Admissibility of Scientific/Technical Evidence

Scientific and technical evidence must meet standards that ensure it is both relevant and reliable. Judges assess whether the evidence is helpful to the trier of fact, and they act as gatekeepers to ensure that only reliable scientific methods are presented.

Frye vs. Daubert Tests

• Frye Test: Scientific evidence is admissible if the methods or principles have gained general acceptance in the scientific community.

• Daubert Test: Expands on Frye by allowing judges to consider factors such as:

  • Whether the theory or technique has been tested.

  • Whether it has been subjected to peer review and publication.

  • The known or potential error rate.

  • The degree to which the method is accepted in the relevant scientific community.

Distinguish Between Testimonial, Real, and Documentary Evidence

• Testimonial Evidence: Statements made by witnesses under oath, such as spoken testimony in court.

• Real Evidence: Physical objects presented as evidence (e.g., weapons, clothing, drugs).

• Documentary Evidence: Written or recorded materials (e.g., contracts, emails, police reports).

Define Authentication

Authentication is the process of proving that evidence (especially documents) is genuine and not forged. This ensures that the evidence is what it claims to be before it can be presented in court.

Purpose of Authentication & Best Evidence Rule

• Purpose of Authentication: To ensure the evidence is reliable, genuine, and relevant. It prevents the introduction of false or unreliable evidence.

• Best Evidence Rule: Courts require the "best" evidence (typically the original) to ensure that the most accurate form of evidence is used, preventing potential tampering or inaccuracies in copies.

Who Can Authenticate Evidence and Methods of Authentication?

• Who Can Authenticate: The person who created or saw the evidence created (e.g., the document’s author or the custodian of records).

• Methods of Authentication:

  • Testimony of a witness familiar with the item.

  • Stipulations or agreements between parties.

  • Circumstantial evidence or distinctive features proving genuineness.

  • Chain of custody for physical evidence.

Why Are Some Documents Considered Self-Authenticating?

Some documents are considered self-authenticating because they are inherently reliable due to their form, context, or nature. Examples include official records, notarized documents, and certified public records.

Can We Use Secondary Evidence (Copies/Replicas) When the Original Is Not Available?

Yes, secondary evidence such as copies or replicas may be used when the original is unavailable, provided that the original is lost or destroyed, and the absence is not due to bad faith. The copy must also meet certain standards for admissibility.

Hearsay

It is an out-of-court statement offered to prove the truth of the matter asserted. It includes verbal statements, written statements, or gestures made outside of court.Hearsay is excluded because it is considered unreliable, as the declarant is not available for cross-examination.

6th Amendment Confrontation Clause

The Confrontation Clause in the 6th Amendment of the U.S. Constitution grants the accused the right to confront and cross-examine witnesses against them in criminal cases, including the right to challenge hearsay evidence that may undermine this right.

Rationale Behind the Hearsay Rule

Hearsay is generally inadmissible because it lacks trustworthiness and is not subject to cross-examination, which could challenge the reliability of the statement. The rule helps ensure that only evidence that can be tested for reliability is presented in court.