CJL 1130 Ch5

Evidence is admitted when

It is presented to a jury as part of the record of the trial

The law of evidence tells us when

Evidence is admissible or inadmissible

The law of evidence can keep information away

From a jury that would not be helpful in deciding the case

The law of evidence ensures that verdicts are

Based on fact, not suppositions or prejudices

A party offers evidence

It wants admitted

Offer of evidence gives control

Over the body of evidence

The jury cannot consider

Evidence not offered by one of the parties

The court admits evidence

According to the rules

Admission of evidence gives the

Court control over the body of evidence

If evidence meets the requirement

It must be admitted

Before the trial, a party can move to suppress evidence

Which is not admissible

Suppresson of evidence is often based on

Constitutional challenges (How did the prosecutor get the evidence? was it obtained illegally)

Objections challenge

Admissibility at trial

The court will usually admit evidence unless it is

Objected to by either party

The court may request an offer of proof from the

Attorney offering the evidence

The attorney is offering evidence when requested, and has to have an

Explanation of how evidence is admissible

The court may require the attorney to reveal other evidence to

Support the admissibility of offered evidence

Admissibility is a question of law that can

Be reviewed on appeal

The appellate court will determine if the court made an

Error in a ruling on admissibility

There can be a ruling on the admissibility in the appellate court by harmless error

No effect on the outcome of trial

There can be a ruling on the admissibility in the appellate court due to prejudicial error

It affected the outcome of the trial

Only ___ errors will result in a reversal

Prejudicial

Federal Rule of Evidence (F.R.E.) is an

Objection or motion to suppress preserves the admissibility issue for appeal

If the court sustains an objection, the issue is preserved

By making an offer of proof

There is an exception to the F.R.E. 103 called a

Plain error

An error can be raised on appeal even if

Not objected to see if it is a plain error

The plain error can

“Seriously affects the fairness, integrity, or public reputation of judicial proceedings”

There are __ factors of admissibility

8

Factors of admissibility: Is the testimony competent?

Yes = Admissible

No = Not admissible

Factors of admissibility: Is the evidence authentic?

Yes = Admissible

No = Not admissible

Factors of admissibility: Is the evidence relevant?

Yes = Admissible

No = Not admissible

Factors of admissibility: Is the evidence overly prejudicial?

No = Admissible

Yes = Not admissible

Factors of admissibility: Is the evidence cumulative?

No = Admissible

Yes = Not admissible

Factor of admissibility: Would the admission of the evidence violate public policy?

No = Admissible

Yes = Not admissible

Factor of admissibility: Is the evidence inadmissible hearsay?

No = Admissible

Yes = Not admissible

Factor of admissibility: Is the evidence subject to a privilege?

No = Admissible

Yes = Not admissible

Weight is determined by three factors

–Probative value

–Credibility

–Corroboration

What is the weight formula?

Weight = (Probative value+credibility)×corroboration

Probative value is ____ and it can be ______

How well a piece of evidence proves a fact,

Affected by other evidence

Credibility is

How believable a piece of evidence is

Corroboration is

How well evidence is supported by other evidence

Corroboration is required to

Support an out-of-court confession

Burden of proof is the

The degree to which evidence is in favor of the position must outweigh evidence against the position

To prove guilt, evidence must prove guilt

Beyond a reasonable doubt

Evidence in favor must far ____ evidence against

Outweigh

To prove a defense, a _____ is required

Preponderance of the evidence