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TRIAL EVIDENCE
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3 TYPES OF EVIDENCE 1. Real or Demonstrative 2. Testimonial 3
3 TYPES OF EVIDENCE 1. Real or Demonstrative 2. Testimonial 3. Documentary
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Real or Demonstrative Physical, tangible evidence
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As weapons
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fingerprints
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Body fluids
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Ballistic Evidence
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Testimonial STATEMENTS MADE UNDER OATH
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DOCUMENTARY Written Evidence Bank Accounts Computer Files Diaries
Notes Depositions Confessions
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Categorizing Evidence
Each of the three types of evidence can be classifed as Circumstantial or Direct
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CIRCUMSTANTIAL EVIDENCE
A chain of evidence is needed to establish a conclusion
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CIRCUMSTANTIAL Evidence that is “a piece of the puzzle”. It, along with other evidence leads to a logical conclusion.
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Eyewitness testimony & DNA evidence are direct
DIRECT EVIDENCE Any type of evidence that by itself proves a fact or establishes a conclusion. Eyewitness testimony & DNA evidence are direct
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RULES & PROCEDURE FOR ADMITTING EVIDENCE
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ADMITTING PHYSICAL EVIDENCE
Request is made to judge for permission to admit the evidence Judge asks opposition if there is objection to the e. Evidence is marked with exhibit #
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TRIALS GROUNDS FOR OBJECTIONS
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WITNESS OPINIONS Only experts are allowed to state opinions.
Before an expert can state an opinion, he or she must first be qualified as an expert. Questions are asked establishing the witness’s training and experience. The opposing side may object if the witness’s and challenge the witness’s expertise. The judge decides if witness is qualified
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Leading the Witness On direct exam, leading questions may NOT be asked. Leading questions usually call for just a yes or no answer. Leading questions MAY be asked during cross-exam
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HEARSAY A witness can not testify as to what another person told them or that they heard a third person state.
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The question or evidence must relate to the case being tried.
RELEVANCY The question or evidence must relate to the case being tried.
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PREJUDICE The evidence must not unfairly prejudice the jury against the accused. Ex. Graphic photos of the deceased
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PRIVILEGED INFO Wife can’t be forced to testify against husband.
Priest will not testify against confessor Lawyer-client info is confidential
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Defendant - Unless defense brings it up P. can not
CHARACTER Defendant - Unless defense brings it up P. can not attack D’s character P. Can attack character of other D. witnesses.
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NARRATION A witness is not allowed to tell a long story. Specific questions must be asked to admit the evidence.
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DISCREDITING A WITNESS
Impeaching the Witness Ask the w. questions so jury will not believe their testimony.
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REHABILITATE A WITNESS
Attorney who called witness will ask q. to salvage their testimony.
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