Evidence

• Expert testimony is evidence given by experts in their field who can offer opinions based on specialized knowledge or experience.
• Admissible means it is allowed in court
• Adversary refers to one's opponent in a dispute or competition
• Sustained indicates agreement
• Overruled signifies disagreement
• Adversarial System or Adversary Trial System involves prosecution and defense council with equal opportunities but not equal means
• Prosecutor (district attorney) represents the state and carries the burden of proof
• Presumption of innocence and innocent until proven guilty are key principles
• Defense council (public defender) defends the accused
• The Trial Judge acts as an umpire or arbiter, settling disputes and being the arbiter of law
• Jury identifies the credibility of facts in a trial
• Legal Counsel are the stage managers in a trial
• Criminal trials are determined by propositions of law and questions of fact
• Two crucial questions about evidence: what matters and what materials should be admitted, and what use can be made by jurors of admissible evidence
• The Problem of Admissibility involves time consumption and protection of the jury
• Basic Types of Evidence:

  • Direct Evidence is based on sensory perception
  • Indirect or Circumstantial Evidence relies on inference for its relationship to the fact-proposition to be proved
• Three Basic Forms of Evidence: testimonial, tangible, and judicially noticed evidence

  • Testimonial Evidence is oral testimony given by a witness
  • Tangible Evidence includes real evidence and demonstrative evidence
  • Judicial Notice is when a trial judge establishes certain evidence without formal proof
• For evidence to be admissible, it must be probative of a material issue, competent under the rules of evidence, and pass tests of materiality, probativeness, and competency
• Materiality ensures the evidence is relevant to the case

  • Probativeness determines if the evidence makes a point more true or untrue
  • Competency considers if the evidence is admissible under special exclusionary rules of law
• Weight of Evidence is assessed by the jury for persuasiveness and believability
• Structure of a Criminal Trial includes the Sixth Amendment Guarantee of Jury Trial, arrest, arraignment, preliminary hearing, pretrial motions, and trial process outline
• Jury Selection involves screening prospective jurors, selecting up to twelve jurors, and conducting "voir dire" to ensure impartiality
• Potential jurors are randomly selected from the voters registration rolls and screened for disqualification from jury duty
• Up to twelve jurors are selected for a trial
• "Voir dire" is a Norman French term meaning "to tell the truth"
• It is a federal crime for lawyers to interfere with a jury's deliberation to understand the verdict
• Opening statements are made by lawyers at the beginning of a trial to outline expected evidence and show what each side will present
• The prosecutor gives the first opening statement
• The Prosecutions Case-in-Chief involves presenting evidence that supports every legal element of the crime charged
• Witnesses are called to the stand for direct examination by the prosecutor to elicit relevant facts within their personal knowledge
• Objections to the admissibility of evidence can be made by the defense counsel, and the trial judge will rule on them
• The defense can move to dismiss the charge if they believe the evidence is insufficient for conviction
• The Defenses Case-in-Chief involves calling witnesses and introducing exhibits on behalf of the accused
• The prosecution is allowed to cross-examine the defense's witnesses
• Rebuttal evidence is presented by the prosecution to counter the defense's evidence
• Closing arguments are made by the lawyers based on the evidence presented during the trial
• The judge provides instructions to the jury regarding the applicable law and elements of the offense
• A unanimous verdict is required for conviction or acquittal in a criminal case
• A "hung jury" results in a mistrial and may lead to a new trial or dropping of charges by the prosecution
• If found not guilty, the accused cannot be tried again for the same offense due to double jeopardy