1. LEGAL FOUNDATIONS OF CRIMINAL EVIDENCE CJ 305

2. Housekeeping Text book Criminal Evidence Text book Criminal Evidence Seminars: Every Week Seminars: Every Week Projects: Units 1, 2, 6, 7, and 8 Projects: Units 1, 2, 6, 7, and 8 Discussion boards Discussion boards Quizzes: Units 1, 3, and 6 Quizzes: Units 1, 3, and 6 Midterm and Final Essays Midterm and Final Essays Midterm and Final Exams Midterm and Final Exams Late Policy Late Policy

3. Unit 1 – Chapters 1 and 2 The System The System Rules Of Evidence Rules Of Evidence The Players/Their Roles The Players/Their Roles The Trial The Trial

4. Criminal v. Civil While there are huge differences between criminal and civil trials, there is very little difference between the rules of evidence the two use. While there are huge differences between criminal and civil trials, there is very little difference between the rules of evidence the two use. The biggest difference is the amount of proof necessary. The biggest difference is the amount of proof necessary. In a criminal case, the prosecution must prove the defendant guilty “beyond a reasonable doubt”. In a criminal case, the prosecution must prove the defendant guilty “beyond a reasonable doubt”. In a civil trial, one side must prove their case “by a preponderance of the evidence” to win. In a civil trial, one side must prove their case “by a preponderance of the evidence” to win.

5. Dual System: State and Federal Courts There is a dual judicial system in the Untied States: federal and state courts coexist. There is a dual judicial system in the Untied States: federal and state courts coexist. The federal court system applies nationwide, and federal courts are located in each state. The federal court system applies nationwide, and federal courts are located in each state. Whether a defendant is tried in a federal or state court depends on which court has jurisdiction over the particular case. Whether a defendant is tried in a federal or state court depends on which court has jurisdiction over the particular case.

6. Chronologically Observation or report of a crime Observation or report of a crime Investigation Investigation Arrest Arrest Prosecution Prosecution Trial Trial Sentencing Sentencing Appeal Appeal Service of sentence Service of sentence Release Release

7. Chronologically: between arrest and trial Arrest Arrest Probable cause to arrest exists when? Probable cause to arrest exists when? The complaint charges the defendant with a particular crime and is supported by an affidavit. The complaint charges the defendant with a particular crime and is supported by an affidavit. Bail/ Initial hearing Bail/ Initial hearing Preliminary hearing v. Grand Jury: Charging the Crime Preliminary hearing v. Grand Jury: Charging the Crime Arraignment / possible Plea Arraignment / possible Plea If no plea, Pretrial Motions If no plea, Pretrial Motions

8. Arraignment At the arraignment, the defendant can enter a plea of: Plead guilty Plead guilty Plead not guilty Plead not guilty nolo contendere (no contest) nolo contendere (no contest) stand mute stand mute

9. The Basis for everything: Evidence Main Categories: Main Categories: Physical (Real) Physical (Real) Demonstrative Demonstrative Testimonial Testimonial Documents/writings Documents/writings Subcategories: Direct Circumstantial Circumstantial

10. The Players Law enforcement Law enforcement The Prosecution The Prosecution The Defense The Defense The Courts: Judges The Courts: Judges Corrections Corrections

11. Law Enforcement The police are called upon to perform three basic functions: The police are called upon to perform three basic functions: (1) enforcing the law; (1) enforcing the law; (2) maintaining public order; (2) maintaining public order; (3) providing various public services. (3) providing various public services.

12. Specialized Units Forensics: Forensics: Ballistics Ballistics Fingerprint analysis Fingerprint analysis Blood stain analysis Blood stain analysis DNA analysis DNA analysis Investigators Investigators Courtroom personnel (bailiffs, marshals, other guards) Courtroom personnel (bailiffs, marshals, other guards) Jail personnel/ prison personnel Jail personnel/ prison personnel Probation officers Probation officers

13. Defendant’s Constitutional Rights The Fourth Amendment of the Bill of Rights: the freedom from unreasonable searches and seizures the freedom from unreasonable searches and seizures The Fifth Amendment Rights: freedom from double jeopardy; freedom from double jeopardy; privilege against self-incrimination; privilege against self-incrimination; Charging requirement Charging requirement Due Process Due Process

14. 6 th Amendment Continued The Sixth Amendment Rights: the right trial by jury the right trial by jury Venue Venue Arraignment Arraignment Right to assistance of counsel Right to assistance of counsel Right to compel witnesses' attendance at trial, to confront them (cross-examine) Right to compel witnesses' attendance at trial, to confront them (cross-examine) Right to a speedy and public trial Right to a speedy and public trial

15. The Eighth and Fourteenth Amendments 8 th : the freedom from cruel and unusual punishment 8 th : the freedom from cruel and unusual punishment 14 th : Applies the Rights to the states. 14 th : Applies the Rights to the states.

16. The Rules of Evidence….. ….are a set of regulations ….are a set of regulations Rules of evidence in jury trials are designed to keep some relevant information from the jury. Rules of evidence in jury trials are designed to keep some relevant information from the jury. Why? May violate some principle or policy that the law seeks to promote. Why? May violate some principle or policy that the law seeks to promote. e.g.; May have been obtained by a law enforcement officer in violation of a suspect's constitutional rights. e.g.; May have been obtained by a law enforcement officer in violation of a suspect's constitutional rights.

17. Rules of Evidence The most common codification of evidence law is the Federal Rules of Evidence (FRE). The most common codification of evidence law is the Federal Rules of Evidence (FRE). The FRE apply in all federal courts in the U.S.; 42 states used them as a model in adopting their own evidence codes. The FRE apply in all federal courts in the U.S.; 42 states used them as a model in adopting their own evidence codes. States that have not adopted the Rules: California, Georgia, Illinois, Kansas, Massachusetts, Missouri, New York, and Virginia. States that have not adopted the Rules: California, Georgia, Illinois, Kansas, Massachusetts, Missouri, New York, and Virginia. The FRE, and their state counterparts, cover the entire field of judicial procedure. The FRE, and their state counterparts, cover the entire field of judicial procedure. These rules apply to civil and criminal matters. These rules apply to civil and criminal matters.

18. Federal Rules of Evidence - FRE History of the FRE History of the FRE FRE: Rule 101 – 1103 FRE: Rule 101 – 1103 FRE governs hearsay, expert opinion, relevance, authentication, photographic evidence, etc. FRE governs hearsay, expert opinion, relevance, authentication, photographic evidence, etc. Who uses the FRE or similar state rules? Who uses the FRE or similar state rules? Everyone. Everyone.

19. Law Enforcement Trial Role The law enforcement officer helps gather and prepare the evidence for trial to ensure that the prosecutor has enough evidence to leap from the police officer's standard of “probable cause” to the prosecutor’s standard of proof “beyond a reasonable doubt”. The law enforcement officer helps gather and prepare the evidence for trial to ensure that the prosecutor has enough evidence to leap from the police officer's standard of “probable cause” to the prosecutor’s standard of proof “beyond a reasonable doubt”. The police and prosecutors must be on the same page. The FRE help keep everyone on the same page. The police and prosecutors must be on the same page. The FRE help keep everyone on the same page.

20. Reasonable Doubt It is not a mere possible doubt; because everything relating to human affairs is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction of the truth of the charge. It is not a mere possible doubt; because everything relating to human affairs is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction of the truth of the charge. Victor v. Nebraska, 511 U.S. 1 (1994) Victor v. Nebraska, 511 U.S. 1 (1994)

21. Trials A criminal trial may be conducted in one of two ways. It may be what is known as a "jury trial" or it may be a "court trial," which is a trial by a judge without a jury (also known as a "bench trial"). A criminal trial may be conducted in one of two ways. It may be what is known as a "jury trial" or it may be a "court trial," which is a trial by a judge without a jury (also known as a "bench trial"). A trial before a judge alone is conducted in much the same manner as a trial before a jury. A trial before a judge alone is conducted in much the same manner as a trial before a jury. The structure of the trial is the same and the same rules of evidence apply. The structure of the trial is the same and the same rules of evidence apply.

22. Function of the Jury The jury's goal in a criminal trial is to ascertain whether the defendant is guilty beyond a reasonable doubt of the crime as charged. The jury's goal in a criminal trial is to ascertain whether the defendant is guilty beyond a reasonable doubt of the crime as charged. The ultimate function of the jury in a criminal case is rendering a verdict of guilty or not guilty; in some states the jury also determines the sentence to be imposed. The ultimate function of the jury in a criminal case is rendering a verdict of guilty or not guilty; in some states the jury also determines the sentence to be imposed.

23. Prosecutors It is the job of the prosecutor to: Decide whether to pursue a formal charge, and, if so, what crime to charge Decide whether to pursue a formal charge, and, if so, what crime to charge Pursue a case developed by the police until the case terminates by trial, guilty plea, or dismissal. Pursue a case developed by the police until the case terminates by trial, guilty plea, or dismissal. Conduct any plea negotiations, deciding whether to dismiss charges. Conduct any plea negotiations, deciding whether to dismiss charges. Seek justice, not a conviction Seek justice, not a conviction

24. Defense Attorneys Responsibilities – Zealously represent client; Responsibilities – Zealously represent client; No duty to seek justice; No duty to seek justice; Cannot suborn perjury; Cannot suborn perjury; Can represent the guilty Can represent the guilty “Pro Se” aka “Pro per” - a defendant representing oneself; states are increasingly finding there is no duty to assign a “standby attorney” “Pro Se” aka “Pro per” - a defendant representing oneself; states are increasingly finding there is no duty to assign a “standby attorney”

25. Judges The judge's principal responsibility is to see that the defendant in a criminal case gets a fair trial. The judge is the referee. The judge's principal responsibility is to see that the defendant in a criminal case gets a fair trial. The judge is the referee. How? How? Deciding what laws apply to the case. Following the same rules of evidence as the police and prosecutors. Deciding what laws apply to the case. Following the same rules of evidence as the police and prosecutors. Deciding what evidence is admissible and what is not. Deciding what evidence is admissible and what is not. Ruling on objections made by the attorneys. Ruling on objections made by the attorneys. Determining the qualification of witnesses. Determining the qualification of witnesses. Protecting witnesses from overzealous cross-examinations. Protecting witnesses from overzealous cross-examinations. In most states in most instances, imposing sentence upon the defendant in a criminal case. In most states in most instances, imposing sentence upon the defendant in a criminal case.

26. The Trial Q. When does double jeopardy attach? Q. When does double jeopardy attach?

27. Double Jeopardy A. Swearing in the first witness if it’s a bench trial or swearing in the jury if it’s a jury trial. A. Swearing in the first witness if it’s a bench trial or swearing in the jury if it’s a jury trial.

28. Trial Order Opening Statements Opening Statements Prosecution Case-in-Chief Prosecution Case-in-Chief Witness Sequence: Witness Sequence: Direct Examination Direct Examination Cross examination Cross examination Redirect and Recross Redirect and Recross Objections Objections

29. The Trial Continued Prosecution rests; Motion for Judgment of Acquittal aka Motion for a Directed Finding (Verdict) made by defense Defense Case in Chief: same witness sequence Prosecution Rebuttal (if any) Defense Surrebuttal (if any)

30. The Trial Continued The Trial Continued Closing Arguments Closing Arguments Instructions to the Jury aka Charging the Jury Instructions to the Jury aka Charging the Jury Deliberations, sequestering, hung juries, jury nullification Deliberations, sequestering, hung juries, jury nullification Sentencing Sentencing

31. Some Chapter 1 key terms Rule (Law) of Evidence Rule (Law) of Evidence Contraband Contraband Chain of Custody Chain of Custody Federal Rules of Evidence (FRE) Federal Rules of Evidence (FRE) Jurisdiction Jurisdiction Venue Venue Habeas Corpus Habeas Corpus Affidavit Affidavit Recognizance Recognizance Preliminary Hearing (Information) Preliminary Hearing (Information) Grand Jury (Indictment) Grand Jury (Indictment) Arraignment and Plea Arraignment and Plea

32. Some Chapter 2 Key Terms Venire and Voir Dire Venire and Voir Dire Peremptory Challenges and Challenges for Cause Peremptory Challenges and Challenges for Cause Pretrial Discovery and Exculpatory Evidence Pretrial Discovery and Exculpatory Evidence Reasonable Doubt Reasonable Doubt Corpus Delicti Corpus Delicti Prima Facie Case Prima Facie Case Affirmative Defense Affirmative Defense Motion for Judgment of Acquittal (Directed Finding or Verdict) Motion for Judgment of Acquittal (Directed Finding or Verdict)

33. Next Week Unit 2 Unit 2 Read Chapters 3 and 4 Read Chapters 3 and 4 Discussion Board – 1 question Discussion Board – 1 question Unit 2 Project Unit 2 Project No Quiz No Quiz