Criminal evidence final study guide
Substitutions and Presumptions of Evidence (Stipulations)
Stipulations: Agreements between both parties in a trial to accept certain facts as true without needing evidence. This can help streamline the trial process by avoiding the need to present evidence on undisputed matters.
Presumptions: Legal assumptions accepted as true until proven otherwise. For example, the presumption of innocence asserts that a defendant is considered innocent until proven guilty in a court of law.
Substitutions: Refers to replacing live testimony or evidence with an agreed-upon alternative, such as written facts. This is usually facilitated through stipulations to save time and resources in court.
Elementation of Crime
Elementation of Crime Definition: The required components necessary to prove that someone committed a crime. Most crimes generally include several key elements:
Actus Reus: This refers to the physical act of committing a crime, which is the outward behavior or conduct of the offender.
Mens Rea: This involves the mental state or intent of the defendant at the time of committing the crime. It reflects whether the individual had the intention to commit the unlawful act.
Causation: There must be a demonstrable link between the act and the resultant harm or damage; the act must have caused the harm.
Concurrence: This principle states that the criminal intent (mens rea) and the act (actus reus) must occur simultaneously; the person must intend to commit the crime at the time they act.
Harm: A legally defined injury or damage that has occurred as a result of the criminal act. Harm is necessary to evaluate the severity and implications of the crime committed.
Warrantless Searches
Warrantless Searches: Searches conducted by law enforcement without a warrant. These are legally permissible under certain specific circumstances:
Consent: If an individual voluntarily agrees to a search, no warrant is needed.
Search Incident to Arrest: Officers can search a person and their immediate vicinity upon making an arrest without requiring a warrant.
Exigent Circumstances: These are emergencies that justify immediate searches, such as situations where evidence might be lost or destroyed if a warrant is obtained.
Plain View Doctrine: If an officer can see evidence of a crime in plain view while in a lawful position, they are permitted to seize that evidence without a warrant.
Exceptions to the Exclusionary Rule
Exclusionary Rule Definition: A legal principle that prevents evidence obtained in violation of a defendant's constitutional rights from being used in court.
Exceptions to this rule include:
Good Faith: If officers reasonably believed they were acting within legal boundaries, evidence may still be admissible.
Inevitable Discovery: If the evidence would have been discovered legally regardless of the misconduct, it may be admitted.
Independent Source: Evidence that is obtained from a separate, lawful source can be admitted even if the original search was illegal.
Attenuation Doctrine: If the connection between the illegal act and the evidence is sufficiently weak or distant, the evidence may be admissible.
Significant Cases:
In 1914, Weeks v. United States established the exclusionary rule at the federal level.
The landmark case of Map v. Ohio extended this principle to state courts.
The rationale behind these cases is to deter police misconduct and uphold constitutional rights.
Affirmative Defenses
Affirmative Defenses: Legal defenses in which the defendant admits to committing the act but asserts a legal justification or excuse for their actions. Common forms include:
Self-Defense: A defense claiming that the defendant acted to protect themselves from imminent harm.
Insanity: A claim that the defendant was legally insane at the time of the crime, affecting their capacity to understand their actions.
Entrapment: The defense argues that the defendant was induced by law enforcement to commit a crime they would not have otherwise committed.
Duress: A defense based on the argument that the defendant was forced to commit the crime under threat of harm.
Criminal/Court Procedure
Criminal/Court Procedure: A structured process through which criminal cases are handled in the legal system, including:
Arrest: The formal taking of a suspect into custody.
Booking: The administrative processing of the arrest, including photographing and fingerprinting.
Initial Appearance: The defendant is brought before a judge to be informed of the charges and rights.
Preliminary Hearing or Grand Jury: A pretrial process to determine whether enough evidence exists to proceed.
Arraignment (Enter Plea): The defendant formally responds to the charges by entering a plea of guilty, not guilty, or no contest.
Trial: The court proceedings in which evidence is presented to adjudicate the guilt or innocence of the defendant.
Sentencing: The imposition of a penalty on a convicted individual.
Appeal (if applicable): The convicted party may challenge the trial's outcome in a higher court.
Amendments Related to Criminal Process
Key Amendments:
1st Amendment: Guarantees freedoms including speech, religion, press, assembly, and the right to petition.
4th Amendment: Protects against unreasonable searches and seizures by law enforcement.
5th Amendment: Provides rights to due process, protection against double jeopardy, and the right to remain silent.
6th Amendment: Ensures the right to a speedy and public trial, counsel, and the opportunity to confront witnesses.
8th Amendment: Prohibits cruel and unusual punishment, including excessive bail.
14th Amendment: Offers protections of due process and equal protection under the law; extends the Bill of Rights to state actions.
Circumstantial or Direct Evidence
Direct Evidence: Directly proves a fact, such as eyewitness testimony or video footage capturing the incident.
Circumstantial Evidence: Indirect evidence that implies a fact, not directly proving it. For example, fingerprints at the crime scene can suggest that someone was present during the commission of the crime.
Courtroom Actors (Jobs)
Judge: Manages courtroom proceedings and ensures the legal process is followed.
Prosecutor: Represents the government and brings charges against the accused.
Defense Attorney: Advocates for the accused and defends their rights.
Defendant: The individual charged with a crime.
Jury: A group of citizens tasked with determining the defendant's guilt or innocence based on the evidence presented.
Clerk: Maintains court records and documentation.
Bailiff: Ensures courtroom security and order.
Witness: Provides testimonial evidence related to the case at hand.
Wigmore (Father of Evidence)
John Henry Wigmore: A prominent legal scholar known for his extensive writings on evidence law, particularly in the text “Wigmore on Evidence,” which serves as a foundational reference for modern evidential standards. He is frequently referred to as the "Father of the Law of Evidence."
Evidence Introduction through Witnesses
Requirement for Testimony: All evidence must be introduced in court through a witness to ensure it is authentic and available for cross-examination. This includes:
Physical Evidence: Even physical items, such as a weapon or drug samples, must typically be connected to a witness who can attest to their relevance in the case (e.g., a law enforcement officer or forensic technician).
Forensic Concepts
Forensic Entomology: The study of insect life stages to estimate the postmortem interval (PMI), which is the time since death.
PMI (Postmortem Interval): The time elapsed since a death has occurred; can be influenced by various factors such as environmental conditions and insect activity.
Chain of Custody: A documented process recording who handled evidence and when, essential for maintaining its integrity. Each handler must account for their interaction with the evidence, ensuring accountability and reliability during legal proceedings.
Autopsy: A thorough medical examination of a deceased body to ascertain the cause and manner of death; may involve environmental sampling for further contextual understanding.
Noteworthy Forensic Concepts
Blood Pooling and Congealment: Refers to the physical changes that blood undergoes postmortem, including redistribution, which can provide insights into the time of death.
Scene Preservation: Techniques employed to protect and collect evidence at a crime scene, including environmental considerations.
Cultural Defense: A legal argument suggesting that cultural practices or beliefs should be factored into understanding a defendant's behavior.
Mala Prohibita: Acts that are deemed illegal by law, which may not necessarily carry moral implications.
Honor Killing: A culturally specific form of violence aimed at controlling behavior, often debated in legal contexts regarding cultural relativity.
Venue Shopping: The practice of strategically selecting a jurisdiction perceived to favor a party in a legal proceedings; often based on local jury attitudes.
Ethics, Procedure, and Legal Concepts
Juror Impartiality: A critical requirement for maintaining due process; external influences can jeopardize the fairness of a trial.
Cultural Defenses Implications: Important to consider how universal legal standards interact with diverse cultural practices in legal defenses; this prompts discussions about core rights and legal applicability.
Language in Law: Legal terminology must align with broader social and political objectives, particularly regarding terminologies like “sex worker”.
Federal vs. State Authority and Stare Decisis
Federal vs. State Authority: The legal distinction that creates a dual system; certain federal rulings may only apply to federal courts while state courts may adopt different interpretations.
Doctrine of Stare Decisis: The principle of following precedent established by higher courts; this aims to maintain legal stability and consistency in interpretations of the law.
Landmark Cases in Capital Punishment Jurisprudence
Furman v. Georgia (1972): The Supreme Court's ruling that led to the suspension of the death penalty due to arbitrary application, particularly against marginalized individuals.
Gregg v. Georgia (1976): This case reinstated the death penalty under structured guidelines and safeguards against arbitrary application.
Writ of Certiorari and Precedential Law
Writ of Certiorari: A formal request to a higher court to review a decision or case significant in seeking appellate review.
Dickerson v. United States: A critical case that addressed the legitimacy of precedent law and reaffirmed standards concerning Miranda rights.
Overview of Trial and Sentencing Considerations
Appeal Considerations: Standing is crucial as it filters cases based on who has the legal right to bring forth matters for judicial review.
Death Penalty Implications: Discussions surrounding the death penalty incorporate ethical considerations regarding fairness, cognitive capacity, procedural safeguards, and societal changes in norms.
Precedent Importance: The role of binding decisions from higher courts guides the direction of future rulings within jurisdictions.
Important Supreme Court Decisions: The Dobbs Decision
Focus on Standing: The ruling emphasized legal standing rather than focusing directly on the issues surrounding abortion rights; significant implications for other related cases.
Quick Definitions and Legal Concepts
Batson v. Kentucky (1986): Landmark ruling prohibiting racial discrimination in juror selection; later expanded to address discrimination against other protected classes.
Sequestration: A procedure to isolate jurors from outside influences to uphold their impartiality, often employed in high-profile trials.
Contemporaneous Objection Rule: A legal requirement that objections must be made at the time of an alleged error to preserve issues for appeal.
Statement Against Interest: A legal standard under which a statement, detrimental to the speaker’s interest, may be admissible if corroborated.
Jury Selection Process: Involves juror questioning (voir dire), challenges (for-cause and peremptory), and ensuring diverse and impartial juries.
Understanding Evidence Type
Direct Evidence vs. Circumstantial Evidence: Direct evidence straightforwardly proves a fact (e.g., video footage), whereas circumstantial evidence implies conclusions that create a narrative (e.g., glove left at a crime scene).
Conclusion and Key Takeaways
Trial Phases: The structured approach regulates court proceedings: pretrial motions, testimonies, examinations, and closing arguments.
Importance of Ethical Practices: Legal strategies must align with ethical guidelines and respect evidentiary standards to maintain the integrity of the judicial system.
Summary of Key Terms
Equity: The value of ownership less debts owed, crucial in bankruptcy and settlement contexts.
Exculpatory Evidence: Information that may favor the defendant and must be disclosed by the prosecution as per Brady v. Maryland (1963).
Lay and Expert Witnesses: Distinguishes between general witnesses versus those with specialized knowledge necessary to inform on technical matters during trials.