the rules of evidence
DESCRIPTION
The Rules of Evidence. I OBJECT ! OVERRULED ! SUSTAINED !. Most Common Grounds for Objections. Leading Questions Hearsay Statements Opinion Statements Immaterial or Irrelevant Questions Non-Responsive Answers. Leading Questions. Suggests a particular answer to the witness. Example: - PowerPoint PPT PresentationTRANSCRIPT
The Rules of Evidence
I OBJECT ! OVERRULED !SUSTAINED !
Leading Questions
Hearsay Statements
Opinion Statements
Immaterial or Irrelevant Questions
Non-Responsive Answers
Most Common Grounds for Objections
Suggests a particular answer to the witness. Example:
“Wasn’t it Tom you saw holding the knife and stabbing Al?”
SHOULD BE “What did you see Tom do to Al?”
Leading Questions
Evidence given by a witness based on info
received by someone else rather than personal knowledge.
Example: “Ann told me that she saw Tom stab Al with a knife.”
OBJECTION – Hearsay!
Hearsay
Witnesses cannot give opinion that goes
beyond common knowledge unless the witness is a recognized expert in the field.
Any witness can say they thought the car was in poor condition, but only a witness who is a mechanic could provide opinion about the condition of the brakes.
Opinion Statements
A question that has no relevance in the case.
Asking a murder suspect about their personal life with no bearing on the case.
Immaterial or Irrelevant Questions
A reply that does not really answer the
question.
Counsel will ask the judge to direct the witness to answer the question properly.
Non-Responsive Answers
Direct Evidence Circumstantial Evidence Character Evidence Electronic Surveillance Polygraph Tests Voir Dire
Types of Evidence
Testimony that proves a fact.
Example: Eyewitness Testimony
John Doe saw OJ kill his wife and her boyfriend.
Direct Evidence
Indirect evidence that leads to a reasonable
inference of the defendant’s guilt.
Bloody socks Blood in Bronco DNA at both the crime scene and house Fingerprints at the house Bloody Glove at scene and also house Shoeprints at crime scene
Circumstantial Evidence
Shows the defendant as the type of person
that would or would not commit this type of crime.
Prosecution cannot attack character. They can only rebut character evidence provided by defense.
Prosecution IS allowed to introduce past criminal records to test the defendants credibility.
Character Evidence
Requires electronics to overhear or record
communications between people.
Wiretapping
Bugging
Electronic Surveillance
Measures changes in pulse, breathing and blood pressure.
Accuracy depends on examiner
Results are not admissible in court.
Anything the defendant says IS admissible.
Polygraph Tests