CRM JST 275 1st EditionI. Lecture 21II. Evidencea. Types of evidenceb. Real/physical evidence: links defendant to crime (or challenges)c. Demonstrative evidence: helps jury understand testimony/real evidence (e.g. charts, maps, acting-out)d. Testimonial evidence (sworn statements): expert and lay witnessese. Direct evidence: proves or disproves a factf. Circumstantial evidence: requires inferences to reach a conclusionIII. Rules of Evidencea. Governs introduction of evidenceb. Must be:i. Relevant1. Makes a fact more or less probable2. No “fishing” expeditions or tangents on standii. Competent1. Testimony: personal knowledge, truthful, articulate2. Chain of custody: is “real” and not any objectiii. Reliable and Trustworthy1. Expert witnesses and tests/proceduresIV. Reliability of Experts and Testsa. Must be qualified, personal knowledgeb. Opinion on exam results based on reliable principles/methodsi. Not “quack” or pseudo-science (e.g. polygraph)c. Daubert Test (1993) Admissible if:i. Empirically testable/replicableii. Known error rate is lowiii. Peer reviewed, vetted in scientific communityiv. Scientific rigor in procedure or researchd. Concerns: overstated confidence, inconsistent procedures or standardsV. Calling Witnessesa. Privileged Communicationsi. Expectation of privacy for certain partiesii. E.g. spousal, priestly, patient, lawyer/clientb. Privilege Against Self-Incriminationi. Defendant can waiveii. If waived, faces cross-examinationc. Impeachment Admissibilityi. Character and prior recordii. Must be brought up on cross-exam, not during direct examVI. Objecting to Evidencea. Either attorney can object, must state reasoni. Sidebar or in open courtb. Judge then rules:i. Sustained (jury disregard)ii. Overruled (witness must answer)c. Many reasonsi. Relevance, admissibilityii. Competency, speculation, hearsayiii. Inflammatory remarkiv. Leading, not phrased as a questionVII. Case-in-chief (review)a. Prosecutor’s case-in-chiefi. Direct examii. Cross examiii. Redirect (optional)b. Defense’s case-in-chiefi. Direct examii. Cross examc. Rebuttal (optional)i. Direct examii. Cross examVIII. Closing Argumentsa. Starts with prosecution, then defenseb. Includes:i. Summary of case/factsii. Statement of why to vote guilty or acquit1. That BARD proven, or reasonable doubt raisediii. Emotional appeals and persuasionc. Can’t include:i. Bound by rules of evidence and admissibilityii. No inflammatory remarksIX. Jury Instructionsa. Judge gives instruction that:i. Reminds1. Defendant is presumed innocent2. Prosecution must have proved the defendant’s guilt BARDii. Defines each of the elements of the crime(s)iii. Explains meaning of any affirmative defenses raisediv. Gives procedures to follow for deliberationv. Any “lesser included
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