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Evidence: Roles, Laws, and Admissibility

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  1. CHAPTER 1 INTRODUCTION TO EVIDENCE

  2. What is Evidence? The data upon which a judgment or conclusion may be based, or by which proof or probability may be established.

  3. Evidence Roles of Evidence: • Criminal Complaint Review: DA files this after a police investigation and evidence which is recovered convinces him/her that there is legal cause for the arrest and prosecution.

  4. Motions: during a “1538 Motion”, the defense has the opportunity to challenge the manner in which evidence was seized during a police search. • View youtube video http://www.youtube.com/watch?v=IoIEb-vkEho

  5. FilteringProcess: a case may be filteredoutbecause of lack of evidence ( a decision-making process whereby some cases are screened out because of insufficient evidence, while other cases with stronger evidence move forward.

  6. PleaBargaining: occurs when the defendant waives his/her due processand adversarial rights in exchange for a guilty plea to be negotiated and reduced sentence. • Trial: the defendant’s guilt or innocence is determined by a jury or judge at trial. The DA presents inculpatory evidence (which tends to prove a guilt) and the defense counsel presents exculpatory evidence (which tends to proveguiltless or blameless).

  7. Difference between Evidence Law and Criminal Law: Evidence Law: NOCRIMES and NOPUNISHMENTS in the Evidence Code • Criminal Law: the corpus delicti (elements of the crime remain the same and contains punishments for violations. • PROCEDURAL LAW: rules on how evidence is COLLECTED during a criminal investigation and becomes ADMISSIBLE later in the courtroom.

  8. Legal Definition of Evidence: Evidence consists of: • TESTIMONY: the sworn statement given by a witness • WRITINGS:any documented and tangible form of communication, including handwriting, computer data, etc • MATERIALOBJECTS: physical objects including real evidence offered to the • TRIEROFFACT (jury or judge) • Establishing the existence or non-existence of a fact offered for PROOF

  9. Evidence and Proof • These items are NOT the SAME. • EVIDENCE is what is presented to the trier of fact. • PROOF is the “ENDRESULT” or state of mind created by the presentation of evidence.

  10. Adversarial System • OUR DUEPROCESSSYSTEM of justice stresses the presentation of evidence by both the District attorney and the Defense attorney.

  11. Reasons for the Rules of Evidence: 1. To seek the elements of fairjustice and dueprocess of law. 2. Prevent jurors from becoming confused or misled • The judge has the discretion to disallow evidence which is prejudicial, unrelliable, repetitive, or time-consuming (352 E.C.)

  12. THE JUDICIAL SYSTEM & CASELOAD

  13. 3. To expedite the trial process: LegalSufficiency– are there constitutional errors? Can the elements of the crime be proven? No obvious legal problems no obvious legal problems SystemEfficiency- is the case strong enough to spend the time, money, personnel and resources to prosecute? Trial Sufficiency – will the evidence reasonably support a conviction. ence support a conviction through plea bargaining or at trial

  14. Reasons Why Evidence Is Excluded: 1.ProtectConstitutionalRights

  15. 4thAmendment - Search & Seizure • 5thAmendment Miranda Rule • 6thAmendment to Counsel or Suggestive Lineup/Show-up • 14th Amendment - “Shocking Seizure” or Coerced Statement.

  16. 4thAmendment

  17. 2. To Protect a PrivilegedRelationship Privilege: A statutory reason where a witness can legally refuse to testify in court. • self-incrimination • husband-wife • doctor-patient

  18. 3. To Avoid Undue Prejudice • The evidence is “352’d” (disallowed by the judge) because it will be too: • Prejudicial • Confusing • Time-Consuming

  19. “MEMBERS OF THE JURY, HAVE YOU REACHED A VERDICT?”

  20. 4. Protect the Introduction of unreliableevidence Evidence can be unreliable due to issues with: • authentication • chain of custody • Kelly-Frye rule (scientificevidence) • hearsayevidence • witness competency

  21. Purposes for Offering Evidence in Court • ITEMOFPROOF: evidence is offered for the purpose of proving or disproving facts. • TO IMPEACH A WITNESS:to attack the credibility of a witness. • TO REHABILITATE A WITNESS: to restore the credibility of a witness. • TO ASSIST IN DETERMINING SENTENCE: evidence is presented to determine and calculate sentence after conviction.

  22. Sources of Evidence Law 1. STATUTELAW– procedures found in the E.C. 2. CONSTITUTIONAL LAW – embodies the amendments and articles in the U.S. and State Constitutions 3. CASE or DECISIONALLAW – involves interpretations from the appellate courts under the DOCTRINE of JUDICIALREVIEW

  23. Tests for the Admissibility of Evidence: • RELEVANT: evidence having a tendency to prove or disprove a fact of consequence to the outcome of the trial. • COMPETENTLYPRESENTED: a witness is properly able to give testimony in court. • LEGALLYOBTAINED: the search or seizure, admission or confession, witness identification, or other evidence meets constitutional and other legal standards.

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