1 PRESENTATION OF EVIDENCE Learning Domain 17

2 PURPOSE FOR THE RULES OF EVIDENCE Protect the jury from seeing or hearing evidence that is: (w/b p. 1-3) Excluded by judge if consumes too much time 1. Relevant – ______________ all relevant evidence is admissible _______________ _______________ - ability to prove a point

3 PURPOSE OF OFFERING EVIDENCE As an item of proof To _________ a witness, victim or defendant (means to attack their credibility) Rehabilitate a witness To determine sentence

Types of Evidence 1. Testimonial Evidence 2. Real Evidence 3. Demonstrative Evidence 4. Circumstantial Evidence 5. Direct Evidence 4

Chain of Custody Authentication of evidence from the time it is recovered until its presentation in court  Every person handling the evidence is a link in the chain of custody. Each link in the chain must be documented. 5

6 MAJOR TYPES OF PHYSICAL EVIDENCE Fruits of a crime Instrumentalities of a crime Contraband Mere evidence

7 DIRECT EVIDENCE vs CIRCUMSTANTIAL EVIDENCE Direct Evidence – proves a fact without inference. __________ – a conclusion drawn from a fact or set of facts. Circumstantial Evidence – requires inference (based on common sense).

8 Evidence Code 352 If conflicting the court may exclude evidence if probative value is substantially outweighed : (w/b p. 1-14) Judge weighs ______ basic considerations: 1) Does the evidence tend to unduly influence the jury by arousing hostility or sympathy? 2) Will the evidence and/or the evidence required to counter it, consume an undue amount of time?

9 Evidence Code 352 3) Will the evidence create side issues that distract the jury from the main point of the case? 4) Will the evidence ________________ the opponent who, acting in good faith, may be unprepared to deal with it?

Exclusionary Rule Exclusion of evidence obtained by government agents in violation of the U.S. Constitution: Weeks v U.S. Mapp v Ohio (1-15) Application also to:  Juvenile proceedings  Narcotics commitments  _____________________  Sentencing hearings 10

11 Opinion & Expert Testimony Opinion Rule can be excluded if deemed unreliable: 1. Hearsay 2. Opinion evidence (lay person) Exceptions for non-expert (lay person) witness: (w/b p. 1-16)  Speed  ___________  Size  ____________  Questions of sanity  Expert witness exception-voir dire examination

12 PRIVILEGE Definition - witness will not be required to state communication between them and another person based on privileges under the Evidence Code : (w/b p. 1-18) 1. self-incrimination (Fifth Amend) 2. attorney-client 3. psychotherapist-patient 4. _____________ 5. clergy-penitent 6. doctor-patient relationship

13 CREDIBILITY WITNESSES credibility If a witness is competent, their credibility may be drawn into question based on: (w/b p.1-19) 1. Manner in which they testify 2. Character of the testimony 3. Evidence affecting the witness’ character for truth, honesty or integrity 4. Demeanor of the witness 5. Witness’ motive or contradictory evidence

14 CREDIBILITY OF CHILDREN Considered competent if the child: (w/b p.1-19) 1. Possesses the capacity to observe, recollect, and communicate events 2. Has the ability to understand questions and to formulate intelligent answers and 3. Understands the duty to _______________

15 Officer Credibility Officer’s Credibility: (w/b p. 1-20) 1. All evidence must be legally obtained 2. All evidence handled per chain of custody 3. All supporting evidence gathered, stored and documented properly

16 EXCLUSION TO AVOID UNDUE PREJUDICE Some otherwise relevant evidence is excluded from trial because of its potential to unduly prejudice the jury, i.e. a. ________________________ b. Certain photographs

17 HEARSAY RULE Generally not accepted Evid Code 1200 (third party statements, person other than witness) EXCEPTIONS TO HEARSAY RULES Spontaneous Statements (w/b p. 1-22) Made about some excited or unnerving event, made at or near the time of the event, while the person is still under the excitement of the event

18 ADMISSIONS & CONFESSIONS ADMISSIONS (w/b 1-23) CONFESSIONS Express Admission Implied Admission

19 EXCEPTIONS to HEARSAY DYING DECLARATIONS ( w/b p. 1-25)  Statements made by a dying person 1. About the circumstances surrounding the person’s impending death 2. Person must have a sense of impending death 3. _________________

20 Records & Officer Testimony Records and Officer Testimony: (w/b p.1-27) Official Records – written statements or records made by a public official (coroner’s report, marriage certificate) _________________ – written statements or records made by a business person who has a duty to know the facts as they relate to the business (personnel records, bank records).

21 Records & Officer Testimony Past recollection recorded - writings read into evidence when witness can’t recall _____________________ - refers to use of personal notes, etc. as an aid to refresh the witness memory Officers Testimony at Preliminary hearings- Prop 115, Evid Code 872(b) (w/b p1-32)