AGENDA Brief Lecture on Chapters courtroom evidence and jury selections and juries Film, 12 angry men Written exercise https://www.youtube.com/watch?v=k7LKTNM1Rc0

Courtroom Evidence Federal Rules Most state rules of evidence are based on the Federal rules, there are only slight differences among the states. Two basic themes found in the Federal Rule The Rules favor admissibility of evidence The trial judge has considerable discretion as to the admissibility of evidence

Courtroom Evidence A statement is an oral or written assertion or nonverbal conduct of a person if it is intended by the person as an assertion Declarant- A person who makes a statement 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 Examples

Example You drive up to signal-controlled intersection and pull up behind a large truck and trailer which has stopped at the near side of the intersection. The truck and trailer block your view of the traffic light. In a moment or so the truck moves ahead and you follow it. If, in subsequent litigation, the question arises whether the light had changed to green when you started up, may you testify, as tending to show that the light had changed, that the truck driver had moved ahead before you did? More precisely, would your testimony as to what you saw the truck driver do, be equated to what you would have heard him say had he, before moving ahead, called back to tell you that the light had changed?

Nonverbal Communication Examples of non verbal communication- of this type include shaking hands, patting the back, hugging, pushing, or other kinds of touch. Other forms of non verbal communication are facial expressions, gestures, and eye contact. When someone is talking, they notice changes in facial expressions and respond accordingly.

Simply said

HEARSAY Hearsay evidence is not admissible because there is no way for the opposing party to cross-examine the person who made the statement out of court. Cross-examination is one of the most important tenants of receiving a fair trial.

Courtroom Evidence Dying declaration

Oath or Affirmation Before testifying, a witness is required to declare that he or she will testify truthfully, by oath or affirmation Perjury- Federal rule 603 states that a witness need not swear an oath, but may merely affirm that he or she will testify truthfully

Impeachment of a witness Legal term referring to the process of attacking the credibility of a witness Evidence of character and conduct of the witness

Exclusion of Witness At the request of a party, the court shall order witness excluded so that they cannot hear the testimony of other witnesses Exception Investigator in a case, i.e. Detective who is the case agent or (his/her case)

CHAIN OF CUSTODY Authenticate the evidence in these circumstances is to establish a chain of custody Why do we want a chain of custody? Examples:

JURY Orange Tee Shirt question (Wednesdays) Agree with laws? Disagree with laws? Can you be Fair http://nypost.com/2015/01/04/the-wackiest-excuses-people-use-to-get-out-of-jury-duty/ https://www.youtube.com/watch?v=9enPC37mHrM

Jury What do you do for a living? Children? What does your significant other do? Have you ever served on a jury? Have you or your family ever been a victim of a crime, what crime? Have you ever been involved in the courts before? In what capacity? Can you be fair?

MOVIE One page, hand written or typed What would you have done? i.e. “hold your ground” Be persuaded? Why? Describe if you liked the examples used and if you liked or disliked the movie