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Criminal Evidence

midterm

QuestionAnswer
what is the 1st to use testimony and real evidence Mesopotamian
who was the 1st to used juries GREEK
who were the 1st to used juries Romans
Rules of evidence change as society changes, ex. Husband wife privilege, society has change as husband and wife divorce. ( tremble vs U.S Future development of the rules of evidence
What is the term for the truth discovery through inferences, has same value as real evidence Circumstantial Evidence:
The term for the effect of evidence or sum of evidence Proof
Reasons for Excluding Evidence: To protect interest or priviledge To prohibit unrelated evidence commited by hearsay To avoid undue prejudice The exclusionary Rule To keep out evidence illegal obtain To preserve court time
what are the legal ways of keep evidence out during trial Objections
Evidence in Federal V.O.P. and Florida V.O.P. hearings • In federal evidence not applicable, except for privileges • In Florida they are relaxed,(meaning things that would not be admisable in a trial Fla will take it, Example: Hearsay).
Who has the burden of proof in a criminal case? Prosecutor, State (Q33)
What happens if every not element of a charge is not proven beyond a reasonable doubt? It should not be guilty they must be prove (Case not proven)
what happens when the state has the burden of going forward, and if they meet that then they shift to the defense to go forward with the evidence. Burden of going forward
what is the term used for the middle burden approve use in the dispute on real state, wills, trusts in Fla. Clear and Convincing Evidence
Is a burden approve in a criminal case. The hardest in judicial system. Beyond Reasonable Doubt
Is not dispute the crime occurred, but the defense says he was not there, affirmative defense. Alibi
How do you exclude evidence during trial? By objection
What is a leading question One which suggests the answer, ex “this study guide is to damn long isn’t it?and I say YESSSSSS it issssss Dang!
The defender is allowed to rebut the state rebuttable (by putting evidence, no new evidence) defendants case in rejoinder
State has an obligation to furnish the defendant any evidence favorable to exonerate then that may lesser the sentence, failure to do this brady information is a reversal error.
Does direct evidence and circumstantial evidence carry the same weight? Yes
Can a conviction be based solely on circumstantial evidence? Yes
What is Judicial Notice An evidence substitute, which allow a court to accept fact as true, without proof, and prohibiting the opposite party to introduce contradicting evidence (other party cannot dispute it).
What is the legal definition for Judicial Notice? is a acceptance of fact that are common knowledge and undisputable.
Facts that concern a dispute and may determine the dispute ( judicially noticed fact must be one not subject to reasonable dispute in that it is either ). J.N. of Adjudicative Facts
Age is a essential element an it is improper to use JN in that. Age in a Juvenile Case:
jury does not have to accept the fact judicial notice(it will be unconstitutional J.N. in Criminal Case
allows a jury “Must” to infer existence of a 2ed fact Presumptions
state that a fact “may” be drawn from another fact. Inferences:
Difference between presumptions and inferences “presumptions jury Must infer fact, Inference Jury May infer evidence.
evidence substitute, agreement of fact between 2 litigans. Stipulations
Unconstitutional in a criminal case… On the test: mandatory presumption on criminal case are unconstitutional (because we invade the proven of a jury) conclusive presumptions/mandatory presumptions
is not a presumption of guilt Flight or Concealment:
evidence substitute ( Jury does not have to accept it will be unconstitutional Stipulations
the test.. is abuse discretion Test on Appeal
not a defense to anything. Voluntary Intoxication
(general rule) the state is prohibited to introduce evidence about the defender character→ calls for mistrial. Character Evidence
admissible but state has to prove ....... Evidence of Other Crimes, Wrongs or Acts
that something didn’t happen or occur, it is error for the judge to instruct the jury that positive evidence is better then negative evidence. 1. is it admissible ( yes) 2. is it of less value than positive evidence ( no) negative Evidence
: Oath of affirmation, witness must have perception, ability to communicate, able to know true from lie. Four part Test for competency of a witness
can mental incapasity (insane) person be competent to testify, yes , so long as meet 4 part test
Children testifying they can and is not set minimal age, if they can meet 4part test, specially true from lie
Are competent witness to testify for each other (yes) husband/wife
Judge are not competent to testify in case that they are presiding (No in his case)
Jury are not competent to testify in case that they are presiding (not presiding in his case)
Created by: fareed79