1. TRIAL EVIDENCE

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

3. Real or Demonstrative Physical, tangible evidence

4. As weapons

5. fingerprints

6. Body fluids

7. Ballistic Evidence

8. Testimonial
STATEMENTS MADE UNDER OATH

9. DOCUMENTARY Written Evidence Bank Accounts Computer Files Diaries
Notes
Depositions
Confessions

10. Categorizing Evidence
Each of the three types of evidence can be classifed as
Circumstantial or
Direct

11. CIRCUMSTANTIAL EVIDENCE
A chain of evidence is needed to establish a conclusion

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

13. Eyewitness testimony & DNA evidence are direct
DIRECT EVIDENCE
Any type of evidence that by itself proves a fact or establishes a conclusion.
Eyewitness testimony & DNA evidence are direct

14. RULES & PROCEDURE FOR ADMITTING EVIDENCE

15. ADMITTING PHYSICAL EVIDENCE
Request is made to judge for permission to admit the evidence
Judge asks opposition if there is objection to the e.
Evidence is marked with exhibit #

16. TRIALS GROUNDS FOR OBJECTIONS

17. WITNESS OPINIONS Only experts are allowed to state opinions.
Before an expert can state an opinion, he or she must first be qualified as an expert.
Questions are asked establishing the witness’s training and experience.
The opposing side may object if the witness’s and challenge the witness’s expertise.
The judge decides if witness is qualified

18. Leading the Witness
On direct exam, leading questions may NOT be asked.
Leading questions usually call for just a yes or no answer.
Leading questions MAY
be asked during cross-exam

19. HEARSAY
A witness can not testify as to what another person told them or that they heard a third person state.

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

21. PREJUDICE
The evidence must not unfairly prejudice the jury against the accused.
Ex. Graphic photos of the deceased

22. PRIVILEGED INFO Wife can’t be forced to testify against husband.
Priest will not testify against confessor
Lawyer-client info is confidential

23. Defendant - Unless defense brings it up P. can not
CHARACTER
Defendant - Unless defense brings it up P. can not
attack D’s character
P. Can attack character
of other D. witnesses.

24. NARRATION
A witness is not allowed to tell a long story. Specific questions must be asked to admit the evidence.

25. DISCREDITING A WITNESS
Impeaching the Witness
Ask the w. questions so jury will not believe their testimony.

26. REHABILITATE A WITNESS
Attorney who called witness will ask q. to salvage their testimony.