Evidence

Proceedure to Establish Competency

Hearing will be held without a jury present to discern if the witness can tell the truth and has the ability to narrate. The information ret

Bias or Prejudice

Show motivation based on profit or emotion

Previouis Felony Convictions

Originally banned, but now used to attack credibility if involved in dishonesty or false statements

Immoral Act or Unchanged Crime

Acts should relate to truthfulness

Prior Inconsistent Statements

Past statement needs not completely contradict current testimony. Statements taken in violation of Miranda are admissible.

Inability to Observe

Based on a physical impairment, location or distraction

What is Rehabilitation?

An attempt to restore credibility of a witness who's been impeached; usually done during re-elect to show current good behavior or explain.

Lay Witness

Generally under opinion rule; opinion is not admissible; Allow common opinions of everyday experiences-voice identification, emotional state

Expert Witness

Do NOT give opinion on ultimate issue of guilt or innocence: psychiatrist testifies as to type of degree of mental illness, not if insane.

Laying Foundations for Witnesses

Is expert necessary? Is this an area of expertise that applies to current case? Does witness qualify as an expert?

Courts Determination of Scientific evidence

Daubert Standard

Requires seperate hearing; must assist jury in understanding; Jury decides if it comes in hearing; Must be grounded in scientific knowledge.

Examples of Expert Testimony

Insanity, Ballistics, Blood and Tissue

Things you do at crime scene

Secure; Document; Collect evidence; Analyze the Evidence.

2 Big forms of evidence

DNA and Fingerprints

What is a Document?

Anything containing words, letters, numbers and pictures

What is authentication?

Must be proven to be real

Self Authentication?

Some Documents carry a presumption of admissibility because law assumes are true; Public Docs under seal, Foreign Public Docs, Newspapers

Documents Requiring Authentication

Testimony of witness; Lay witness opinion of handwriting; Forensic Doc examiner; Distinctive Characteristics; Public Record; Ancient Docs

question

answer

Forensic Document Examiners do what?

Handwritin Comparisons; Skill of examiner is the central issue

2 Major exceptions to docs authenticity established by?

Custodians and workers

2 Major exceptions to ducuments for hearsay?

Business Records and Official Documents

Best Evidence Rule

Original should be admitted in preference to duplicates

Primary Evidence

Original Document

Secondary Evidence

All other evidence that can establish the contents

Foundation for Models/Maps/Diagrams

Accuracy is key; Made to scale is most critical; Must be relevant.