1. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 10-1 Chapter 10 Courtroom Evidence This chapter examines evidence issues Character evidence Daubert test Hearsay Impeachment Judicial notice Rape shield laws Lay witnesses Expert witnesses

2. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 10-2 Hearsay A statement, other than one made by the declarant, while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

3. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 10-3 Not Hearsay Statement entered merely to show that the statement was made and not to prove the contents of the statement. Admission by a party-opponent, e.g., a confession by the defendant

4. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 10-4 Exceptions to Hearsay Rule Admissible statements include Affidavits to show probable cause Statements made at the time of a startling event relating to the event Previous inconsistent statements by witness Business records Statements made for purposes of medical treatment Former testimony

5. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 10-5 Rulings on Evidence In an appeal, rulings on evidence cannot be assigned as error unless: A substantial right is affected The nature of the error was called to the attention of the trial judge at the time the item was offered into evidence Exception: plain error rule Ruling was clearly wrong and prejudiced the defendant

6. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 10-6 Judicial Notice Court may take judicial notice without the requirement for evidence on a fact when: A relevant fact is well known, e.g., July 4 is a national holiday. May be taken at any stage of the proceedings at the request of one party and not objected to by the opposing party

7. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 10-7 Relevant Evidence Has some tendency as a matter of logic and human experience to make the proposition for which it is advanced more likely than the proposition would appear to be in the absence of that evidence.

8. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 10-8 Grounds to Exclude Relevant Evidence The evidence would Cause unfair prejudice Confuse the issues in the case Cause a waste of time

9. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 10-9 Character Evidence General rule is that character evidence is not admissible to show that the defendant is a bad person or that he or she committed the crime in issue. Evidence of defendant’s pertinent trait may be admissible if relevant. Impeachment evidence Prior bad acts are admissible to show a common plan of action.

10. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 10-10 Rape Shield Laws Designed to prevent unnecessary humiliation of victims of sex crimes. Victim’s prior sexual history is not admissible unless relevant to an issue in the case. Limits on defense’s right to cross-examine victim witness may raise constitutional issues with the defendant’s right to confront the witnesses against him or her.

11. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 10-11 Witness’s Competency General rule—Federal Rule of Evidence 601— every person is competent to be a witness. Lay witnesses—generally may only testify on matters that they have observed and not their opinions. Expert witnesses—generally may give their opinions based on hypothetical facts.

12. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 10-12 Impeachment of a Witness Purpose of impeachment is to negate a witness’s testimony. Impeachment evidence is generally not considered as evidence on the ultimate question of guilt.

13. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 10-13 Admission of Documents Generally must be authenticated Best evidence rule Public records Summaries