Evidence What is it and How to Admit it in Trial

What is Evidence Evidence is the proof presented in a trial Evidence is the proof presented in a trial A series of facts that the judge or jury must look at in determining the verdict/outcome of a case A series of facts that the judge or jury must look at in determining the verdict/outcome of a case Judge/Jury can only consider the evidence presented at trial in rendering a verdict Judge/Jury can only consider the evidence presented at trial in rendering a verdict

Two Forms of Evidence Direct evidence: witness testifies about what s/he perceived with their own senses (saw, heard, touched, etc...) Direct evidence: witness testifies about what s/he perceived with their own senses (saw, heard, touched, etc...) Circumstantial evidence: witness perceived certain facts and the judge/jury can put the facts together to reach a conclusion Circumstantial evidence: witness perceived certain facts and the judge/jury can put the facts together to reach a conclusion

Direct vs. Circumstantial Direct Direct I saw my 3-yearold snatch a chocolate chip cookie from the plate and eat it I saw my 3-yearold snatch a chocolate chip cookie from the plate and eat it Circumstantial There were 3 cookies on plate 2 minutes ago and now only 2 cookies left There were only 3 people in the house when the cookie disappeared My son has crumbs on his mouth He has chocolate on his fingers

Is There Any Doubt who Took the Cookie? In one case, I saw him do it In one case, I saw him do it In the other case, the circumstances pointed to the conclusion that he did it In the other case, the circumstances pointed to the conclusion that he did it Law says that either way is good Law says that either way is good You can prove your case through direct or circumstantial evidence– neither has more weight or influence You can prove your case through direct or circumstantial evidence– neither has more weight or influence

Can Any Evidence Be Admitted at Trial? No! Only Relevant Evidence

Relevant Evidence (Legal Definition) Evidence having a tendency to make the existence of any fact that is of consequence to the determination more or less probable than it would be without the evidence Evidence having a tendency to make the existence of any fact that is of consequence to the determination more or less probable than it would be without the evidence

Relevant Evidence (Common Sense Definition) If the evidence helps in any way to prove or disprove, the charges or claims against the defendant, then the evidence is relevant If the evidence helps in any way to prove or disprove, the charges or claims against the defendant, then the evidence is relevant Does not matter how much or how little it helps to prove/disprove a fact– if it helps at all, it’s relevant Does not matter how much or how little it helps to prove/disprove a fact– if it helps at all, it’s relevant

Hypothetical On January 1, 2012, there was a car accident On January 1, 2012, there was a car accident Driver # 1 says that the Driver #2 ran a red light and struck him Driver # 1 says that the Driver #2 ran a red light and struck him Driver #2 says his light was green and Driver #1 ran his red light. Driver #2 says his light was green and Driver #1 ran his red light.

Is the fact Relevant? Driver 1 was on cellphone at time of accident Driver 1 was on cellphone at time of accident A witness saw Driver 2 looking at radio and not road at time of the accident A witness saw Driver 2 looking at radio and not road at time of the accident An inspection of Driver 1’s brakes indicate that they were not working a time of accident An inspection of Driver 1’s brakes indicate that they were not working a time of accident Driver 2’s speed was estimated at 50 mph in a 25 mph zone (speeding) Driver 2’s speed was estimated at 50 mph in a 25 mph zone (speeding)

They are all relevant.

Is the fact Relevant? Driver 1 has been cited for running a red light twice in the past 5 years Driver 1 has been cited for running a red light twice in the past 5 years Driver 2 has an absolutely clean driving record Driver 2 has an absolutely clean driving record Driver 1is a God-fearing Christian who was on his way to church. Driver 1is a God-fearing Christian who was on his way to church. Driver 2 was convicted of misdemeanor assault 5 years ago. Driver 2 was convicted of misdemeanor assault 5 years ago.

None are relevant Character evidence is only admissible in limited circumstances Character evidence is only admissible in limited circumstances A Defendant’s prior convictions are admissible in limited circumstances A Defendant’s prior convictions are admissible in limited circumstances The “limited circumstances” will be discussed later in later in the presentation The “limited circumstances” will be discussed later in later in the presentation

What Evidence Can Be Introduced at Trial Testimony Testimony Physical Evidence Physical Evidence Photographs Photographs Diagrams/Maps Diagrams/Maps Documents such as Business & Medical Records Documents such as Business & Medical Records

Testimony What the witnesses says on the stand during direct and cross examination What the witnesses says on the stand during direct and cross examination The Question is not evidence, only the answer The Question is not evidence, only the answer Example: Example: Q: Did you see LeBron James take the CD A: No There is no evidence that LeBron James took the CD?

Testimony (cont’d) What you expected the witness to say… What you expected the witness to say… What you thought the witness said… What you thought the witness said… What the witness told you s/he would say... What the witness told you s/he would say... What you forgot to ask the witness to say… What you forgot to ask the witness to say… What you hoped the witness would have said … What you hoped the witness would have said …

... Is NOT Evidence. Only what the witness said is evidence.

Physical Evidence Things that you can hold in your hand are physical evidence Things that you can hold in your hand are physical evidence Examples: the stolen CD, the gun, the mask worn by the robber, the drugs recovered. Examples: the stolen CD, the gun, the mask worn by the robber, the drugs recovered. At trials, witness who can identify the evidence must testify how it relates to the case and that is in same condition as time of offense (or how it is different). At trials, witness who can identify the evidence must testify how it relates to the case and that is in same condition as time of offense (or how it is different).

Photographs/Diagrams Should always consider using these to help judge/jury understand the testimony. Should always consider using these to help judge/jury understand the testimony. Photographs: Is it a fair and accurate depiction of “the item” at the time of offense? Photographs: Is it a fair and accurate depiction of “the item” at the time of offense? Diagrams: Will it assist witness is describing the area, street, etc... ? Diagrams: Will it assist witness is describing the area, street, etc... ?

Business or Medical Records Most documents are hearsay Most documents are hearsay Business records and medical records can be an exception to hearsay (to be discussed later) Business records and medical records can be an exception to hearsay (to be discussed later) If you have thee documents, consider admitting them in evidence because they may help to prove your case (or disprove the other side) If you have thee documents, consider admitting them in evidence because they may help to prove your case (or disprove the other side)

What is Hearsay?