Rules_of_evidence

Testimony or items, entered into a court, to prove an issue or support an action

Accounting of the whereabouts of a piece of physical evidence from seizure until it's introduction into court as evidence

Origional is needed as evidence unless it is destroyed alowing a copy to be entered into evidence

Proves the fact directly

Must use evidence with other evidence to come to conclusion

Supports the initial piece of evidence making it more credible

Added to the initial piece of evidence to lead the jury to the conclusion that the fact is proved

Real evidence you can hold, touch, examine, store, read, feel, measure, etc.

Physical evidence in written form

Physical evidence in spoken form

Qualities that make a piece of evidence admissable

• Relevance
• Materiality
• Prejudice
• Reliability

How much the evidence is related to the issue being considered

How important the information is to the jury's decision

How much the piece of evidence is to inflame the emotions of the jury

How dependable the piece of evidence is

Is the witness competant to take the stand

Witness can only testify to fact unless demed an expert witness in which he can testify to opinions rehardin significance of evidence

Cannot testify aginst another if they share this privilage

• Husband-wife
• Attorney-client
• Minister-penitent
• Doctor-patient

• A person who is required by their profession to report suspicious information
• (doctor, nurse, teacher, police, pastor)

• Written or spoken evidence of an out-of-court statement
• Entered as evidence to prove or disprove the content of the statement

Depends on the credability of a person other than witness

Used in information gathering process incloding PC for a search warrent

Hearsay

• Admissions and confessions
• Dying declarations
• Spontaneous statements
• Past recolection recorded
• Present memory refreshed
• Prior testimony
• Anonymous scorces
• Public record
• Business record

Officer can use his report to remember incident

Use his report to remember all details of incident

Information given under oath inan earlier court preceeding

Informants who identity must be protected and therefore can't testify

Public records are generaly admisable

Admisable unless their records are part of the case

Held reliable if volentary and proceded by constitution rights

Personmust believe they are dying and then die

Statements must be made without time to reflect

The relative suggestiveness of the method used

Used when the defendant is in physical custody

Defendant is known but not in custody

Used when suspect and defendant are beingdetained

• Id should be done immediately after the crime
• No attempt to influence witness' id

• Oppertunity of wit to view suspect
• Wit degree of attention during the crime
• Accuracy of prior description
• Certainty at time of id
• Length of time between crime and id

• Wit is close to death
• Suspect demands immediate id

• Before charging-w/o line-up or attorney
• After charging-attorney can observe, suspect can't refuse id procudure

May beused with normal testimonial restrictions

Evidence gathered illigaly will be excluded from trial

Evidence derived from evidence gathered illegaly will also be excluded from trial

• Punish officers who violate a persons rights
• It actualy harms public not police officers

Exclusionary rule is the remody to the violation of a person rights

• Impeachment
• Independant source
• Inevitable discovery
• "good faith"

Illigaly gotten confession can be used to impeach a wit on the stand

Evidence found by a source entirely untainted by origional illegal evidence

Tainted evidence can be used if it would have inevitably discovered

Allows evidence obtained by officers acting in good faith

• Only evidence obtained by LE and brought to court
• Dosn't apply to private citizens