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cl part 7
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Rules of Court Procedure
Assures fair trail
States Burden of Proof
The defendant’s right to testify
Right to confrontation
Hearsay Rule
Character Testimony
States Burden of Proof
has the hardest job
Defendant doesn’t have to do anything bc 5th amendment
Gov must proof each element of each charge beyond reasonable doubt; you intended and caused
The defendant’s right to testify
From 5th amendment- you are not compelled to testify against yourself
Jury cant used non testify against defendant
Why lawyer doesn’t want you to testify
Not experienced- good lawyer can make your story seem bad
Not remember things
Come across poorly- bad manners
Have prior felony convictions- so jury don’t hear about the convictions
Right to confrontation
Right to confront your accusers
Show not good evidence bc if true then can say to your face
Hearsay Rule
Out of court statement/ that is offered in court/ for the truth of the matter asserted (believe what was written)
Someone on stand and say they testify about what someone else said --> not Admissible
Written statement
--The person has to come in and say what they originally said or written
Exception to Hearsay Rule
Anything the defendant said out of court as admissions --> bc he could get on the stand
Excited utterance
Excited utterance
Person said it in a excited state and they are given statement in that excited state- in admits of the event
911 call
Character testimony
Cant ask anything about a person’s character bc bad people don’t always do bad things
When is character testimony admissible?
Signature Crimes
Defendant puts good character in issue
If the defendant testifies
Signature crimes
commits crime in a unique way -->Evidence that the person did the first crime is evidence of the 2nd
Defendant puts good character in issue
I am not guilty of this, I am not a violent person
Can now bring in previous evidence on whether he is good or bad
If the defendant testifies
Then you can bring in past evidence
What happens if the state violates any of these rules
Evidence suppressed
Fruit of the Poisonous tree
Evidence suppressed
the jury never hears primary evidence through the exclusionary rule bc of violation
Usually with the 4th/5th rule
Intended to prevent the police from saying the ends justify the means
Fruit of the Poisonous tree
Admissibility of secondary evidence
Tainted if direct result of primary evidence
Even if have legal search warrant
The Guilty plea
Where most cases resolved
Defendant needs to be assured that the plea is voluntary
Judge makes sure voluntary though a Canvass
Canvass
Pleas voluntary
Aware of their rights and aware they are giving them up
• Liberty
• Right to remain silent (5th Amendment)
** aware they have a right to a trial and by pleading guilty you don’t get trial
Author
pugsrule915
ID
244041
Card Set
cl part 7
Description
cl part 7
Updated
2013-10-31T01:07:05Z
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