trial evidence. 3 types of evidence 1. real or demonstrative 2. testimonial 3. documentary

TRIAL EVIDENCETRIAL EVIDENCE

3 TYPES OF EVIDENCE3 TYPES OF EVIDENCE

1. Real or Demonstrative1. Real or Demonstrative

2. Testimonial2. Testimonial

3. Documentary3. Documentary

Real or Real or DemonstrativeDemonstrative

Physical, tangible Physical, tangible evidenceevidence

As weapons

fingerprintsfingerprints

Body fluidsBody fluids

Ballistic EvidenceBallistic Evidence

Testimonial

STATEMENTS MADE UNDER OATH

DOCUMENTARYDOCUMENTARYWritten EvidenceWritten Evidence

Bank AccountsBank Accounts

Computer FilesComputer Files

DiariesDiaries

NotesNotes

DepositionsDepositions

ConfessionsConfessions

Categorizing Categorizing EvidenceEvidence

Each of the three types of Each of the three types of evidence can be classifed asevidence can be classifed as Circumstantial or Circumstantial or Direct Direct

CIRCUMSTANTIAL CIRCUMSTANTIAL EVIDENCEEVIDENCE

A A chain of evidencechain of evidence is needed is needed to establish a conclusionto establish a conclusion

CIRCUMSTANTIALCIRCUMSTANTIALEvidence that is “a Evidence that is “a piece of the puzzle”. It, piece of the puzzle”. It, along with other along with other evidence leads to a evidence leads to a logical conclusion.logical conclusion.

DIRECT DIRECT EVIDENCEEVIDENCE

Any type of evidence that Any type of evidence that by by itselfitself proves a fact or proves a fact or

establishes a conclusion.establishes a conclusion.

Eyewitness testimony & DNA Eyewitness testimony & DNA evidence are directevidence are direct

RULES & PROCEDURE RULES & PROCEDURE FOR ADMITTING FOR ADMITTING

EVIDENCEEVIDENCE

ADMITTING PHYSICAL ADMITTING PHYSICAL EVIDENCEEVIDENCE

Request is made to judge for Request is made to judge for permission to admit the evidencepermission to admit the evidence

Judge asks opposition if there is Judge asks opposition if there is objection to the e.objection to the e.

Evidence is marked with exhibit #Evidence is marked with exhibit #

TRIALS TRIALS GROUNDS FOR OBJECTIONSGROUNDS FOR OBJECTIONS

WITNESS OPINIONSWITNESS OPINIONS• Only experts are allowed to state opinionsOnly experts are allowed to state opinions..• Before an expert can state an opinion, he Before an expert can state an opinion, he

or she must first be qualified as an expert.or she must first be qualified as an expert.• Questions are asked establishing the Questions are asked establishing the

witness’s training and experience.witness’s training and experience.• The opposing side may object if the The opposing side may object if the

witness’s and challenge the witness’s witness’s and challenge the witness’s expertise.expertise.

• The judge decides if witness is qualifiedThe judge decides if witness is qualified

Leading the WitnessLeading the Witness On direct exam, leading questions On direct exam, leading questions

may NOT be asked.may NOT be asked. Leading questions usually call for Leading questions usually call for

just a yes or no answer.just a yes or no answer. Leading questions MAY Leading questions MAY

be asked during cross-exambe asked during cross-exam

HEARSAYHEARSAY

A witness can not testify as to A witness can not testify as to what another person told them what another person told them

or that they heard a third or that they heard a third person state.person state.

RELEVANCYRELEVANCY

The question or evidence must The question or evidence must relate to the case being tried.relate to the case being tried.

PREJUDICEPREJUDICE

The evidence must not The evidence must not unfairly prejudice the jury unfairly prejudice the jury

against the accused.against the accused.

Ex. Graphic photos of the Ex. Graphic photos of the deceaseddeceased

PRIVILEGED INFOPRIVILEGED INFO

Wife can’t be forced to testify Wife can’t be forced to testify against husband.against husband.

Priest will not testify against Priest will not testify against confessorconfessor

Lawyer-client info is confidentialLawyer-client info is confidential

CHARACTERCHARACTER

Defendant - Unless defense Defendant - Unless defense brings it up P. can not brings it up P. can not

attack D’s characterattack D’s character

P. Can attack character P. Can attack character

of other D. witnessesof other D. witnesses. .

NARRATIONNARRATION

A witness is not allowed to A witness is not allowed to tell a long story. Specific tell a long story. Specific

questions must be asked to questions must be asked to admit the evidence.admit the evidence.

DISCREDITING A DISCREDITING A WITNESSWITNESS

Impeaching the WitnessImpeaching the Witness

Ask the w. questions so jury will Ask the w. questions so jury will not believe their testimony.not believe their testimony.

REHABILITATE A REHABILITATE A WITNESSWITNESS

Attorney who called witness will Attorney who called witness will ask q. to salvage their testimony.ask q. to salvage their testimony.