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criminal evidence fi

c.e final

Where does all evidence in a trial come from? The witness stand
Judicial Control of trials includes power to call and question witnesses
what is present recollection refreshed show the witness something take it away, memory is refreshed – anything can be used
Pardon for Federal? cannot be impeached.
What is the most common form of impeachment. Impeachment by Inconsistent statement
How are privileges generally construed by courts? They are narrowly constructed to keep information away from the tries of fact (jurors)
Does the the husband wife privilege survive death? yes
What is the attorney Client Privilege communications made during relay may not be divulged. Client holds privilege unless client waives. Includes attorney, interns and staff
Does the privilege survive the death of client? yes
Who has the weakest of all privilege Journalist
Opinion on the defendant guilt’s? Not allowed by expert or lay witness.
Hypothetical questions and lay witness? you cannot render hypothetical questions to lay witness only to experts
Can an expert suggest the defendants guilt? No
Expert need not be? educated. They can be a teacher, plumber or carpenter.
Who decides whether to declare a witness an expert? The Judge
Polygraph exam results? cannot be used in Florida or Federal court
To be hearsay what must the statement be? has to be offered for the truth of the matter assorted to be hearsay.
Statements include? oral, written, or non verbal communications.
Excited utterance? does not matter if the declarant is available
What is an Excited Utterance? Ex. Wife runs out and screams “he’s going to kill me!!!”
To be admissible must excited utterance be completely spontaneous No
Records made in anticipation of litigation? considered testimonial and not within the exception.
Exception does not require that the defendant or the state has conducted...? a cross examination
What is a dying Declaration? the person does not have to say “I think I’m dying”
Must the person actually die? no, has to be unavailable
Declaration can never cover the death of? a third party
Florida Rule on dying declarations? it comes in homicide case
Authentication Proponent must prove that the document is what is purports to be
What is the most common way to authenticate documents? Signature
What is Self Authentic? Documents under seal are usually self authentication, don’t need a lot of evidence to prove
The Best Evidence Rule is not applicable unless what? if the opposing party think the contents are not correct.
What does the Best Evidence Rule relate to? Writings
What is real evidence? Real evidence is objects that have a direct part such as gun, knife
What is demonstrative evidence? Visual aids to help the jury understand.
What are the admissibility Requirements of Real Evidence? Relevant, material, competent, authenticated
What are the rules to admit real evidence for chain of custody? Needs to show where evidence has been stored.
Minor defect will not keep that from being shown but it goes to the weight of the evidence.
Should the Defendant be in restraints/shackled? if the court or prosecutor show that defendant need to be restrained.
Do you need to see the blood? No, blood does need to be visible
Narcotics Chain of custody? courts will force the chain of custody because it can be tampered with. Requires proof of custody.
What is the Purpose of Jury Views? to allow jury to make a mental picture of the locality not to discover new evidence.
Must the person who took the photo be present in Court to authenticate the photo? NO
What is the test for Admissibility gruesome photographs Does the probative value of the photo outweigh any prejudice?
Introduction of gruesome photograph? will not be the cause for a new trial.
Pardon for Florida? can be impeach even if you have been pardoned
what questions may not be used in Direct examination? Leading questions, questions that suggest the answer
Created by: 505212176


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