cl part 7

• Assures fair trail
• States Burden of Proof
• The defendant’s right to testify
• Right to confrontation
• Hearsay Rule
• Character Testimony

• 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

• From 5th amendment- you are not compelled to testify against yourself
• Jury cant used non testify against defendant

• 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 confront your accusers
• Show not good evidence bc if true then can say to your face

• 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

• Anything the defendant said out of court as admissions --> bc he could get on the stand
• 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

Cant ask anything about a person’s character bc bad people don’t always do bad things

• Signature Crimes
• Defendant puts good character in issue
• If the defendant testifies

commits crime in a unique way -->Evidence that the person did the first crime is evidence of the 2nd

• 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

Then you can bring in past evidence

• Evidence suppressed
• Fruit of the Poisonous tree

• 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

• Admissibility of secondary evidence
• Tainted if direct result of primary evidence
• Even if have legal search warrant

• Where most cases resolved
• Defendant needs to be assured that the plea is voluntary
• Judge makes sure voluntary though a 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