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.