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Comprehensive Legal Study Guide on Evidence and Trial Procedures

Substitutions and Presumptions of Evidence (Stipulations)

  • Stipulations: Agreements between both parties in a trial to accept certain facts as true without needing evidence.

  • Presumptions: Legal assumptions accepted as true until proven otherwise, for example, the presumption of innocence.

  • Substitutions: Replacing live testimony or evidence with an agreed-upon alternative (like written facts), usually done through stipulations.

Exclusionary Rule and Its Exceptions

  • Exclusionary Rule: States that evidence obtained illegally cannot be used in court.

  • Exceptions to the Exclusionary Rule include:

    • Good faith: Officers believed they were acting legally.

    • Inevitable discovery: Evidence would have been found anyway.

    • Independent source: Evidence comes from a separate legal origin.

    • Attenuation doctrine: The link between the illegal act and the evidence is weak.

  • Historical cases relevant to the exclusionary rule:

    • Weeks v. United States (1914): A landmark case applying the exclusionary rule.

    • Mapp v. Ohio: Expanded the exclusionary rule to the states.

  • Rationale: to discourage future police misconduct.

Affirmative Defenses

  • Affirmative Defenses: Defenses where the defendant admits to the act but claims a legal justification or excuse. Examples include:

    • Self-defense

    • Insanity

    • Entrapment

    • Duress

Wigmore on Evidence

  • John Henry Wigmore: A legal scholar known for writing "Wigmore on Evidence," a foundational text in legal education.

  • He significantly shaped modern rules of evidence and is often referred to as the "Father of the Law of Evidence."

Exam Preparation Takeaways

  • Concept to memorize: Federal vs. State Authority creates a dual system where some rulings bind only federal courts while others affect state courts differently.

  • Doctrine of Stare Decisis: Let the decision stand.

Evidence Presentation in Court

  • All Evidence Introduced Through Witness: Evidence must be presented in court through a witness to ensure authenticity and allow for cross-examination.

    • Even physical evidence (like a gun) is typically introduced by a witness who can testify about it (for example, a police officer or lab technician).

    • Forensic evidence plays a crucial role in determining PMI (Postmortem Interval), especially when entomological evidence aligns with or contradicts lay timelines.

  • Juror Impartiality: A cornerstone of due process; outside influences from court staff or media can compromise a fair trial.

  • Cultural Defenses: Raise complex questions around universal legal standards in diverse cultural contexts, requiring assessment of when such defenses are permissible versus when they conflict with core rights.

  • Language in Law: Terms like "sex worker" extend beyond legal definitions to reflect broader social and political goals.

  • Procedural Law: Connects criminal and civil justice processes; venue choices and local control can significantly shape case outcomes, especially in economically or educationally distinct communities.

Important Supreme Court Cases Related to Capital Punishment

  • Furman v. Georgia (1972): Temporarily abolished the death penalty due to concerns over arbitrariness.

  • Gregg v. Georgia (1976): Reinstated the death penalty, introducing structured safeguards to address previously raised concerns.

Key Legal Concepts in Court

  • Writ of Certiorari: A request to a higher court to review a decision.

  • Dickerson v. United States: Important case that established key precedents about the legitimacy of precedent law.

  • Standing: Legal right to bring a matter to court; essential in determining which issues can be adjudicated.

    • Changes in standing doctrine can significantly influence landmark decisions.

  • Plea Options:

    • Guilty Plea: Admission of guilt with limited options for post-conviction appeals.

    • No Contest (Nolo): No admission of guilt but preserves rights for potential later appeals.

Ethical and Practical Implications of Legal Proceedings

  • Debate on Death Penalty: Involves considerations of fairness, cognitive capacity, procedural safeguards, and evolving societal norms.

  • Precedent: Binding decisions from higher courts guide subsequent rulings within their jurisdiction.

  • Compelling Interests: Sometimes override established rules when significant societal or constitutional interests are at stake.

Relevance of Notable Names in Legal Discussions

  • Insight into cultural contexts in trials:

    • Marion Barry and the Manson Case: Used to discuss evidentiary challenges and initial witness impressions.

  • Bob Durst Case: Highlights juror evidence dynamics and challenges associated with circumstantial evidence.

  • Importance of judicial fairness and reliability in assessing witness credibility and testimony.

Witness Testimony in Court

  • Lay Witness: Testifies to facts but cannot provide opinions beyond common knowledge.

  • Expert Witness: Qualified by expertise to provide opinions on specialized subjects.

Jury Instructions and Trial Procedures

  • Direct Examination: Questioning of witnesses by the party that called them; leading questions are not permitted.

  • Cross-Examination: Interrogation by the opposing party; leading questions are permissible, typically resulting in “yes” or “no” answers.

  • Contemporaneous Objection Rule: Objections must be made in real-time or the right to object could be waived.

Closing Arguments and Appeals

  • Closing arguments must summarize the case and adhere to the trial record without introducing new evidence.

  • Legal strategy in closing statements is crucial for effective persuasion.

Overall Principles in Law

  • Equity and Debt Calculations: Essential in assessing financial matters in legal contexts, defined as:

    • Equity = Asset Value - Debt.

  • Importance of measuring precise facts in forensic contexts; even small details can dramatically alter case outcomes.