CJ227: Criminal Procedure Unit 6 Seminar Mary K Cronin

Housekeeping…. We’re now in the back half of the class; the time for submitting outstanding work is coming to a close We’re now in the back half of the class; the time for submitting outstanding work is coming to a close Please take a look through your gradebooks and identify what is still yet to be submitted Please take a look through your gradebooks and identify what is still yet to be submitted DB: I’m still seeing last minute posts…. DB: I’m still seeing last minute posts….

Unit 6 Writing Assignment Analyze the legal issues that John will face in his theft prosecution Analyze the legal issues that John will face in his theft prosecution PPT is ok OR 2-3 page paper (excluding cover and reference page). PPT is ok OR 2-3 page paper (excluding cover and reference page). PPT: Make sure you cite your sources and include sufficient text to answer the question; suggested number of slides is minimum 5, excluding cover and reference PPT: Make sure you cite your sources and include sufficient text to answer the question; suggested number of slides is minimum 5, excluding cover and reference We're past midterms now, and you all know how I feel about grading papers that prove to me that you know how to cut and paste. I'm looking for your own individual thoughts on this one, class. We're past midterms now, and you all know how I feel about grading papers that prove to me that you know how to cut and paste. I'm looking for your own individual thoughts on this one, class.

Tonight’s Topic In this week’s seminar we will focus in detail on both criminal and civil trials. Special emphasis will center on the evidentiary issues that may arise during both proceedings and the burden of proof required for criminal and civil cases. In this week’s seminar we will focus in detail on both criminal and civil trials. Special emphasis will center on the evidentiary issues that may arise during both proceedings and the burden of proof required for criminal and civil cases.

Burdens of Proof Why do they differ in civil and criminal trials? Why do they differ in civil and criminal trials? Why do we need to hold the prosecution to a definite “burden of proof” Why do we need to hold the prosecution to a definite “burden of proof” Isn’t it ok to just put on “some evidence” and then leave it up to the jury? Isn’t it ok to just put on “some evidence” and then leave it up to the jury?

Questions concerning admissibility of evidence May be addressed prior to trial through Motions in Limine May be addressed prior to trial through Motions in Limine Allow the court to make a ruling as to evidence before the moving party attempts to do that in front of the jury Allow the court to make a ruling as to evidence before the moving party attempts to do that in front of the jury Why do we allow these motions? Why do we allow these motions?

Hearsay What is it? What is it? Why is hearsay unreliable? Examples?

Definition of 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 Examples of hearsay and nonhearsay

Exceptions to the Hearsay Rule Affidavits to show probable cause “Excited Utterance”: Statements made at the time of a startling event relating to the event Previous inconsistent statements by witness (used to impeach) Business records Statements made for purposes of medical treatment Former testimony “Dying Declarations” “Dying Declarations” Statements against interest Statements against interest

All evidence must be relevant What is “relevance?”: 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. What is “relevance?”: 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.

Basis to exclude otherwise “relevant” evidence The evidence would cause unfair prejudice Confuse the issues in the case Cause a waste of time Example: “dead guy” pictures

Character Evidence What is it? What is it? Should one party be able to show that the offender is a “bad guy? Should one party be able to show that the offender is a “bad guy?

Rules regarding 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, lack of mistake, motive, etc. EXAMPLE

What about rape cases? Can you identify issues that may arise specifically in rape cases that could raise unfairness issues? Can you identify issues that may arise specifically in rape cases that could raise unfairness issues? What about “rape shield laws” What about “rape shield laws” What are they? Designed to protect victims against inquiries about their sexual predisposition What are they? Designed to protect victims against inquiries about their sexual predisposition

Rape Shield Laws Designed to prevent unnecessary humiliation of victims of sex crimes. 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. 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. 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.

Competency of Witnesses General rule—Federal Rule of Evidence 601—every person is competent to be a witness. 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. 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. Expert witnesses—generally may give their opinions based on hypothetical facts.

Impeachment Evidence What is it? What is it? Purpose of impeachment is to negate a witness’s testimony. Purpose of impeachment is to negate a witness’s testimony. Impeachment evidence is generally not considered as evidence on the ultimate question of guilt. Impeachment evidence is generally not considered as evidence on the ultimate question of guilt. Example: impeachment with a prior inconsistent statement Example: impeachment with a prior inconsistent statement

Documents…any specific issues that can arise there? Should we request that only the original documents be admitted? Should we request that only the original documents be admitted? What about computer generated records? What about computer generated records?

Chain of Custody What is it? What is it? Why is it important? Why is it important? How does it play into real trial scenarios? How does it play into real trial scenarios? Blood evidence? Blood evidence? DUI: breath samples; blood samples; “hospital blood” DUI: breath samples; blood samples; “hospital blood”

Questions?Comments?Concerns?Complaints?Compliments?