LEGAL FOUNDATIONS OF CRIMINAL EVIDENCELEGAL FOUNDATIONS OF CRIMINAL EVIDENCE

CJ 305CJ 305

HousekeepingHousekeeping Text book Text book Criminal EvidenceCriminal Evidence Seminars: Every WeekSeminars: Every Week Projects: Units 1, 2, 6, 7, and 8Projects: Units 1, 2, 6, 7, and 8 Discussion boardsDiscussion boards Quizzes: Units 1, 3, and 6Quizzes: Units 1, 3, and 6 Midterm and Final EssaysMidterm and Final Essays Midterm and Final ExamsMidterm and Final Exams Late PolicyLate Policy

Unit 1 – Chapters 1 and 2Unit 1 – Chapters 1 and 2

The SystemThe System Rules Of EvidenceRules Of Evidence The Players/Their RolesThe Players/Their Roles The TrialThe Trial

Criminal v. CivilCriminal v. Civil

While there are huge differences between While there are huge differences between criminal and civil trials, there is very little criminal and civil trials, there is very little difference between the rules of evidence the two difference between the rules of evidence the two use.use.

The biggest difference is the amount of proof The biggest difference is the amount of proof necessary.necessary.

In a criminal case, the prosecution must prove In a criminal case, the prosecution must prove the defendant guilty “beyond a reasonable the defendant guilty “beyond a reasonable doubt”.doubt”.

In a civil trial, one side must prove their case “by In a civil trial, one side must prove their case “by a preponderance of the evidence” to win.a preponderance of the evidence” to win.

Dual System: State and Federal CourtsDual System: State and Federal Courts

There is a dual judicial system in the Untied There is a dual judicial system in the Untied States: federal and state courts coexist.States: federal and state courts coexist.

The federal court system applies nationwide, and The federal court system applies nationwide, and federal courts are located in each state. federal courts are located in each state.

Whether a defendant is tried in a federal or Whether a defendant is tried in a federal or

state court depends on which court has state court depends on which court has jurisdiction over the particular case.jurisdiction over the particular case.

ChronologicallyChronologically

Observation or report of a crimeObservation or report of a crime InvestigationInvestigation ArrestArrest ProsecutionProsecution TrialTrial SentencingSentencing AppealAppeal Service of sentenceService of sentence ReleaseRelease

Chronologically: between arrest and Chronologically: between arrest and trialtrial

ArrestArrest Probable cause to arrest exists when?Probable cause to arrest exists when?

The complaint charges the defendant with a The complaint charges the defendant with a particular crime and is supported by an affidavit.particular crime and is supported by an affidavit.

Bail/ Initial hearingBail/ Initial hearing Preliminary hearing v. Grand Jury: Charging the Preliminary hearing v. Grand Jury: Charging the

CrimeCrime Arraignment / possible PleaArraignment / possible Plea If no plea, Pretrial MotionsIf no plea, Pretrial Motions

ArraignmentArraignmentAt the arraignment, the defendant can enter a plea At the arraignment, the defendant can enter a plea

of:of: Plead guiltyPlead guilty Plead not guiltyPlead not guilty nolo contenderenolo contendere (no contest) (no contest) stand mutestand mute

The Basis for everything: EvidenceThe Basis for everything: Evidence

Main Categories:Main Categories: Physical (Real)Physical (Real) DemonstrativeDemonstrative TestimonialTestimonial Documents/writingsDocuments/writings

Subcategories: DirectSubcategories: Direct CircumstantialCircumstantial

The Players The Players

Law enforcementLaw enforcement The Prosecution The Prosecution The DefenseThe Defense The Courts: Judges The Courts: Judges CorrectionsCorrections

Law EnforcementLaw Enforcement

The police are called upon to perform The police are called upon to perform three basic functions: three basic functions:

(1) enforcing the law; (1) enforcing the law; (2) maintaining public order;(2) maintaining public order; (3) providing various public services.(3) providing various public services.

Specialized UnitsSpecialized Units Forensics:Forensics: BallisticsBallistics Fingerprint analysis Fingerprint analysis Blood stain analysis Blood stain analysis DNA analysisDNA analysis

InvestigatorsInvestigators Courtroom personnel (bailiffs, marshals, other Courtroom personnel (bailiffs, marshals, other

guards) guards) Jail personnel/ prison personnel Jail personnel/ prison personnel Probation officersProbation officers

Defendant’s Constitutional RightsDefendant’s Constitutional Rights

The Fourth Amendment of the Bill of Rights:The Fourth Amendment of the Bill of Rights: the freedom from unreasonable searches and the freedom from unreasonable searches and

seizuresseizures

The Fifth Amendment Rights:The Fifth Amendment Rights: freedom from double jeopardy; freedom from double jeopardy; privilege against self-incrimination;privilege against self-incrimination; Charging requirementCharging requirement Due ProcessDue Process

66thth Amendment Continued Amendment Continued

The Sixth Amendment Rights:The Sixth Amendment Rights: the right trial by jurythe right trial by jury VenueVenue ArraignmentArraignment Right to assistance of counsel Right to assistance of counsel Right to compel witnesses' attendance at trial, Right to compel witnesses' attendance at trial,

to confront them (cross-examine)to confront them (cross-examine) Right to a speedy and public trialRight to a speedy and public trial

The Eighth and Fourteenth The Eighth and Fourteenth AmendmentsAmendments

88thth: the freedom from cruel and unusual : the freedom from cruel and unusual punishmentpunishment

1414thth: Applies the Rights to the states.: Applies the Rights to the states.

The Rules of Evidence…..The Rules of Evidence…..

…….are a set of regulations.are a set of regulations Rules of evidence in jury trials are designed to keep Rules of evidence in jury trials are designed to keep

some relevant information from the jury.some relevant information from the jury. Why? May violate some principle or policy that the Why? May violate some principle or policy that the

law seeks to promote.law seeks to promote. e.g.; May have been obtained by a law enforcement e.g.; May have been obtained by a law enforcement

officer in violation of a suspect's constitutional rights.officer in violation of a suspect's constitutional rights.

Rules of EvidenceRules of Evidence The most common codification of evidence law is the Federal The most common codification of evidence law is the Federal

Rules of Evidence (FRE).Rules of Evidence (FRE). The FRE apply in all federal courts in the U.S.; 42 states used The FRE apply in all federal courts in the U.S.; 42 states used

them as a model in adopting their own evidence codes. them as a model in adopting their own evidence codes. States that have not adopted the Rules: California, Georgia, States that have not adopted the Rules: California, Georgia,

Illinois, Kansas, Massachusetts, Missouri, New York, and Illinois, Kansas, Massachusetts, Missouri, New York, and Virginia. Virginia.

The FRE, and their state counterparts, cover the entire field of The FRE, and their state counterparts, cover the entire field of judicial procedure. judicial procedure.

These rules apply to civil and criminal matters.These rules apply to civil and criminal matters.

Federal Rules of Evidence - FREFederal Rules of Evidence - FRE

History of the FREHistory of the FRE FRE: Rule 101 – 1103FRE: Rule 101 – 1103 FRE governs hearsay, expert opinion, FRE governs hearsay, expert opinion,

relevance, authentication, photographic relevance, authentication, photographic evidence, etc.evidence, etc.

Who uses the FRE or similar state rules? Who uses the FRE or similar state rules? Everyone.Everyone.

Law Enforcement Trial RoleLaw Enforcement Trial Role

The law enforcement officer helps gather and The law enforcement officer helps gather and prepare the evidence for trial to ensure that prepare the evidence for trial to ensure that the prosecutor has enough evidence to leap the prosecutor has enough evidence to leap from the police officer's standard of “probable from the police officer's standard of “probable cause” to the prosecutor’s standard of proof cause” to the prosecutor’s standard of proof “beyond a reasonable doubt”.“beyond a reasonable doubt”.

The police and prosecutors must be on the The police and prosecutors must be on the same page. The FRE help keep everyone on same page. The FRE help keep everyone on the same page.the same page.

Reasonable DoubtReasonable Doubt It is not a mere possible doubt; because It is not a mere possible doubt; because

everything relating to human affairs is open to everything relating to human affairs is open to some possible or imaginary doubt. It is that state some possible or imaginary doubt. It is that state of the case which, after the entire comparison of the case which, after the entire comparison and consideration of all the evidence, leaves the and consideration of all the evidence, leaves the minds of the jurors in that condition that they minds of the jurors in that condition that they cannot say they feel an abiding conviction of the cannot say they feel an abiding conviction of the truth of the charge. truth of the charge. Victor v. Nebraska,Victor v. Nebraska, 511 U.S. 1 (1994) 511 U.S. 1 (1994)

TrialsTrials

A criminal trial may be conducted in one of two A criminal trial may be conducted in one of two ways. It may be what is known as a "jury trial" or ways. It may be what is known as a "jury trial" or it may be a "court trial," which is a trial by a judge it may be a "court trial," which is a trial by a judge without a jury (also known as a "bench trial").without a jury (also known as a "bench trial").

A trial before a judge alone is conducted in much A trial before a judge alone is conducted in much the same manner as a trial before a jury. the same manner as a trial before a jury.

The structure of the trial is the same and the The structure of the trial is the same and the same rules of evidence apply.same rules of evidence apply.

Function of the JuryFunction of the Jury

The jury's goal in a criminal trial is to ascertain The jury's goal in a criminal trial is to ascertain whether the defendant is guilty beyond a whether the defendant is guilty beyond a reasonable doubt of the crime as charged.reasonable doubt of the crime as charged.

The ultimate function of the jury in a criminal The ultimate function of the jury in a criminal case is rendering a verdict of guilty or not guilty; case is rendering a verdict of guilty or not guilty; in some states the jury also determines the in some states the jury also determines the sentence to be imposed.sentence to be imposed.

ProsecutorsProsecutors

It is the job of the prosecutor to:It is the job of the prosecutor to: Decide whether to pursue a formal charge, Decide whether to pursue a formal charge,

and, if so, what crime to charge and, if so, what crime to charge Pursue a case developed by the police until the Pursue a case developed by the police until the

case terminates by trial, guilty plea, or case terminates by trial, guilty plea, or dismissal. dismissal.

Conduct any plea negotiations, deciding Conduct any plea negotiations, deciding whether to dismiss charges.whether to dismiss charges.

Seek justice, not a convictionSeek justice, not a conviction

Defense AttorneysDefense Attorneys

Responsibilities – Zealously represent client;Responsibilities – Zealously represent client; No duty to seek justice;No duty to seek justice; Cannot suborn perjury;Cannot suborn perjury; Can represent the guilty Can represent the guilty

““Pro Se” aka “Pro per” - a defendant representing Pro Se” aka “Pro per” - a defendant representing

oneself; states are increasingly finding there is no oneself; states are increasingly finding there is no duty to assign a “standby attorney”duty to assign a “standby attorney”

JudgesJudges

The judge's principal responsibility is to see that the The judge's principal responsibility is to see that the defendant in a criminal case gets a fair trial. The judge is defendant in a criminal case gets a fair trial. The judge is the referee.the referee.

How? How? Deciding what laws apply to the case. Following the same Deciding what laws apply to the case. Following the same

rules of evidence as the police and prosecutors. rules of evidence as the police and prosecutors. Deciding what evidence is admissible and what is not.Deciding what evidence is admissible and what is not. Ruling on objections made by the attorneys. Ruling on objections made by the attorneys. Determining the qualification of witnesses. Determining the qualification of witnesses. Protecting witnesses from overzealous cross-examinations. Protecting witnesses from overzealous cross-examinations. In most states in most instances, imposing sentence upon In most states in most instances, imposing sentence upon

the defendant in a criminal case.the defendant in a criminal case.

The TrialThe Trial

Q. When does double jeopardy attach? Q. When does double jeopardy attach?

Double JeopardyDouble Jeopardy

A. Swearing in the first witness if it’s a A. Swearing in the first witness if it’s a bench trial or swearing in the jury if it’s a bench trial or swearing in the jury if it’s a jury trial.jury trial.

Trial OrderTrial Order

Opening StatementsOpening Statements

Prosecution Case-in-ChiefProsecution Case-in-Chief Witness Sequence:Witness Sequence: Direct ExaminationDirect Examination Cross examinationCross examination Redirect and RecrossRedirect and Recross ObjectionsObjections

The Trial ContinuedThe Trial Continued

Prosecution rests; Motion for Judgment of Acquittal Prosecution rests; Motion for Judgment of Acquittal aka Motion for a Directed Finding (Verdict) made aka Motion for a Directed Finding (Verdict) made by defenseby defense

Defense Case in Chief: same witness sequenceDefense Case in Chief: same witness sequence

Prosecution Rebuttal (if any)Prosecution Rebuttal (if any)

Defense Surrebuttal (if any)Defense Surrebuttal (if any)

The Trial ContinuedThe Trial Continued

Closing ArgumentsClosing Arguments

Instructions to the Jury aka Charging the JuryInstructions to the Jury aka Charging the Jury

Deliberations, sequestering, hung juries, jury Deliberations, sequestering, hung juries, jury nullificationnullification

SentencingSentencing

Some Chapter 1 key termsSome Chapter 1 key terms

Rule (Law) of EvidenceRule (Law) of Evidence ContrabandContraband Chain of CustodyChain of Custody Federal Rules of Evidence (FRE)Federal Rules of Evidence (FRE) JurisdictionJurisdiction VenueVenue Habeas CorpusHabeas Corpus AffidavitAffidavit RecognizanceRecognizance Preliminary Hearing (Information)Preliminary Hearing (Information) Grand Jury (Indictment)Grand Jury (Indictment) Arraignment and PleaArraignment and Plea

Some Chapter 2 Key TermsSome Chapter 2 Key Terms

Venire and Voir DireVenire and Voir Dire Peremptory Challenges and Challenges for CausePeremptory Challenges and Challenges for Cause Pretrial Discovery and Exculpatory EvidencePretrial Discovery and Exculpatory Evidence Reasonable DoubtReasonable Doubt Corpus DelictiCorpus Delicti Prima Facie CasePrima Facie Case Affirmative DefenseAffirmative Defense Motion for Judgment of Acquittal (Directed Finding or Motion for Judgment of Acquittal (Directed Finding or

Verdict) Verdict)

Next WeekNext Week

Unit 2Unit 2

Read Chapters 3 and 4Read Chapters 3 and 4

Discussion Board – 1 questionDiscussion Board – 1 question

Unit 2 Project Unit 2 Project

No QuizNo Quiz