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criminal evidence fi
c.e final
Question | Answer |
---|---|
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 |