PRESENTATION OF
EVIDENCE
Learning Domain 17
1
PURPOSE FOR THE RULES OF
EVIDENCE


1.

Protect the jury from seeing or hearing
evidence that is: (w/b p. 1-3)
Excluded by judge if consumes too much
time
Relevant – ______________ all relevant
evidence is admissible
_______________ - ability to prove a point
2
PURPOSE OF OFFERING
EVIDENCE

As an item of proof

To _________ a witness, victim or defendant
(means to attack their credibility)

Rehabilitate a witness

To determine sentence
3
Types of Evidence
1.
Testimonial Evidence
2.
Real Evidence
3.
Demonstrative Evidence
4.
Circumstantial Evidence
5.
Direct Evidence
4
Chain of Custody

Authentication of evidence from the time it
is recovered until its presentation in court
Every person handling
the evidence is a link in
the chain of custody.
Each link in the chain
must be documented.

5
MAJOR TYPES OF PHYSICAL
EVIDENCE

Fruits of a crime

Instrumentalities of a crime

Contraband

Mere evidence
6
DIRECT EVIDENCE vs
CIRCUMSTANTIAL EVIDENCE

Direct Evidence – proves a fact without
inference.

__________ – a conclusion drawn from a fact
or set of facts.

Circumstantial Evidence – requires
inference (based on common sense).
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Evidence Code 352


1)
2)
If conflicting the court may exclude evidence
if probative value is substantially
outweighed : (w/b p. 1-14)
Judge weighs ______ basic considerations:
Does the evidence tend to unduly influence
the jury by arousing hostility or sympathy?
Will the evidence and/or the evidence
required to counter it, consume an undue
amount of time?
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Evidence Code 352
3)
4)
Will the evidence create side issues that
distract the jury from the main point of the
case?
Will the evidence ________________ the
opponent who, acting in good faith, may be
unprepared to deal with it?
9
Exclusionary Rule




Exclusion of evidence obtained by
government agents in violation of the U.S.
Constitution:
Weeks v U.S.
Mapp v Ohio (1-15)
Application also to:




Juvenile proceedings
Narcotics commitments
_____________________
Sentencing hearings
10
Opinion & Expert Testimony

1.
2.







Opinion Rule can be excluded if deemed
unreliable:
Hearsay
Opinion evidence (lay person)
Exceptions for non-expert (lay person) witness:
(w/b p. 1-16)
Speed
___________
Size
____________
Questions of sanity
Expert witness exception-voir dire examination
11
PRIVILEGE

1.
2.
3.
4.
5.
6.
Definition - witness will not be required to state
communication between them and another
person based on privileges under the Evidence
Code : (w/b p. 1-18)
self-incrimination (Fifth Amend)
attorney-client
psychotherapist-patient
_____________
clergy-penitent
doctor-patient relationship
12
CREDIBILITY WITNESSES

1.
2.
3.
4.
5.
If a witness is competent, their credibility
may be drawn into question based on:
(w/b p.1-19)
Manner in which they testify
Character of the testimony
Evidence affecting the witness’ character for
truth, honesty or integrity
Demeanor of the witness
Witness’ motive or contradictory evidence
13
CREDIBILITY OF CHILDREN

Considered competent if the child:
(w/b p.1-19)
1.
Possesses the capacity to observe,
recollect, and communicate events
Has the ability to understand questions and
to formulate intelligent answers and
Understands the duty to _______________
2.
3.
14
Officer Credibility

1.
2.
3.
Officer’s Credibility: (w/b p. 1-20)
All evidence must be legally obtained
All evidence handled per chain of custody
All supporting evidence gathered, stored
and documented properly
15
EXCLUSION TO AVOID UNDUE
PREJUDICE

Some otherwise relevant evidence is
excluded from trial because of its potential
to unduly prejudice the jury, i.e.
a.
________________________
Certain photographs
b.
16
HEARSAY RULE



Generally not accepted Evid Code 1200 (third
party statements, person other than witness)
EXCEPTIONS TO HEARSAY RULES
Spontaneous Statements (w/b p. 1-22)
Made about some excited or unnerving event,
made at or near the time of the event, while
the person is still under the excitement of the
event
17
ADMISSIONS & CONFESSIONS

ADMISSIONS (w/b 1-23)

CONFESSIONS

Express Admission

Implied Admission
18
EXCEPTIONS to HEARSAY


1.
2.
3.
DYING DECLARATIONS ( w/b p. 1-25)
Statements made by a dying person
About the circumstances surrounding the
person’s impending death
Person must have a sense of impending
death
_________________
19
Records & Officer Testimony

Records and Officer Testimony: (w/b p.1-27)


Official Records – written statements or
records made by a public official (coroner’s
report, marriage certificate)
_________________ – written statements or
records made by a business person who has a
duty to know the facts as they relate to the
business (personnel records, bank records).
20
Records & Officer Testimony



Past recollection recorded - writings read into
evidence when witness can’t recall
_____________________ - refers to use of
personal notes, etc. as an aid to refresh the
witness memory
Officers Testimony at Preliminary hearingsProp 115, Evid Code 872(b) (w/b p1-32)
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