CJ305 Criminal Evidence Welcome to our Seminar!!! (We will begin shortly) Tonight – Unit 9 (Chapter 12 – Documents and the Right of Discovery) (Chapter 14 – Photos, Recorded and Computer Evidence)

CJ305 Criminal Evidence - Unit 8 – Mini Review In Unit 8 we discussed: –Chapters 10, 11 & 13 in our text. –Line-ups –Show-ups –Direct Evidence –Circumstantial Evidence –Character Evidence –Physical Evidence

CJ305 Criminal Evidence - Unit 9 Mini Preview Our last seminar for this class!!!! In Unit 9 we will be discussing: –Unit 12 & 14 in our textbook –Documentary Evidence –Best Evidence Rule –Right to Discovery –Admissibility

CJ305 Criminal Evidence - Unit 9 What is the Best Evidence Rule? What is meant by Authentication? What is meant by laying the foundation?

CJ305 Criminal Evidence - Unit 9 The Best Evidence Rule (FRE 1001 thru 1008) requires that when proving the terms of a writing, when such terms are material, the original document must be produced unless the document is shown to be unavailable for some reason other than the fault of the party seeking to introduce the document. –The best evidence rule only applies when one seeks to prove the contents of a writing, recording, or photograph. Authentication – A prerequisite to the introduction of a document which requires that the party introducing the document shows that the document is what it purports to be. Laying the foundation refers to meeting the requirements of authentication and relevancy in order to introduce a writing, recording or photograph into evidence. These are the 2 rules of admissibility

CJ305 Criminal Evidence - Unit 9 What is primary evidence? What is secondary evidence? What is a Notice to Produce? What is a Subpoena Duces Tecum?

CJ305 Criminal Evidence - Unit 9 Primary evidence is an original document Secondary evidence is other evidence substituted for the original document. Notice to Produce – A formal, written notice from one party to another requiring the production of a document Subpoena Duces Tecum – A subpoena or order to appear in court, commanding a person to bring specified documents or objects with them.

CJ305 Criminal Evidence - Unit 9 What is “Discovery?” What is exculpatory evidence? What is Brady Material? What is a Preliminary Hearing?

CJ305 Criminal Evidence - Unit 9 Discovery – the right afforded to an adversary in a trial to examine, inspect and copy the evidence in the hands of the other side. Exculpatory evidence is evidence which is favorable to the defense. Brady Material is information favorable to the defense, in the possession of the prosecution, material to the defendant’s case that must be disclosed to the defense. The Preliminary Hearing is the stage of a criminal trial which is held for determining whether probable cause exists to believe that the accused committed a particular offense.

CJ305 Criminal Evidence - Unit 9 When may secondary evidence be introduced? What are the foundational requirements for secondary evidence?

CJ305 Criminal Evidence - Unit 9 Secondary evidence may be introduced when the original: –Has been lost or destroyed –Unobtainable by any judicial process –In the possession of an adverse party who will not produce –In the custody of a public officer –Relates to a collateral matter –Is voluminous and cannot be examined w/o a great loss of time and at great expense. Foundational reqmts (secondary evidence): –Writing has been in existence –The secondary evidence is a genuine copy –The reason why the primary evidence cannot be produced.

CJ305 Criminal Evidence - Unit 9 As related to discovery rights, what does the 5 th Amend afford to defendants? What discovery does FRCrP provide?

CJ305 Criminal Evidence - Unit 9 The 5 th Amend privilege against self incrimination allows a defendant to lawfully refuse to comply with a subpoena duces tecum and withold a document if such doc would incriminate the defendant. Under FRCrP 16, the D can discover from the Prosecution: –Any written, statements, recordings, or transcriptions of oral statements made by the D which is in the possession of the Pros. –The D’s prior criminal record –Docs, photos, tangible objects, results of physical or mental exams and test reports possessed by the prosecution which they intend to use as evidence at trial or which the court deems material to the D’s preparation of their defense. –The D does NOT get advance notice of the Pros trial questions.

CJ305 Criminal Evidence - Unit 9 What is substantive evidence? What is demonstrative evidence? What is meant by a “silent witness?”

CJ305 Criminal Evidence - Unit 9 Substantive evidence – Evidence used to decide the existence or non-existence of a fact. Demonstrative evidence – Evidence used solely to illustrate a witness’s testimony. A silent witness is a photo, film, video, etc., taken by an automatic camera with no operator present and introduced to document an event.

CJ305 Criminal Evidence - Unit 9 In evidence what is the balancing test? What is an attesting witness?

CJ305 Criminal Evidence - Unit 9 The Balancing Test is the requirement that relevant evidence not be admitted if its probative value is substantially outweighed by its prejudicial effect (confusion of the issues and/or misleading the jury). An attesting witness is a person who can authenticate or verify the accuracy of the evidence. –Example (1): A document’s authentication may be established thru non-expert testimony by a witness with knowledge of the document –Example (2): Expert witness required to introduce photographic evidence when X-ray photographs are introduced into evidence.

CJ305 Criminal Evidence - Unit 9 – Mini Review In Unit 9 we discussed: –Unit 12 & 14 in our textbook –Documentary Evidence –Best Evidence Rule –Right to Discovery –Admissibility

-- CJ305 Criminal Evidence -- Thank you all for a GREAT term…I have thoroughly enjoyed everyone in class. Best to you on your finals and in ALL of your future academic and career endeavors as well as in life – you are the only limitation on what you can achieve Take care -- bye for now!