TRIAL EVIDENCE. 3 TYPES OF EVIDENCE 1. Real or Demonstrative 2. Testimonial 3. Documentary.
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Transcript of 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.