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Chapter 1: Introduction to the Study of Evidence The primary purpose of the rules of evidence is to help ensure a fair trial. Copyright © 2015 Carolina.

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Presentation on theme: "Chapter 1: Introduction to the Study of Evidence The primary purpose of the rules of evidence is to help ensure a fair trial. Copyright © 2015 Carolina."— Presentation transcript:

1 Chapter 1: Introduction to the Study of Evidence The primary purpose of the rules of evidence is to help ensure a fair trial. Copyright © 2015 Carolina Academic Press. All rights reserved.

2 Why do we restrict the evidence that is admissible in American courts? Rules of evidence are designed to regulate that portion of the trial process that pertains to evidence so that proceedings can be fair for all involved. These rules also are used to assist the judge or jury in determining the facts involved. Copyright © 2015 Carolina Academic Press. All rights reserved.

3 Guidelines Determine how evidence should be handled. Determine what evidence is admissible, When it is admissible, and Who is entitled to present it. Copyright © 2015 Carolina Academic Press. All rights reserved.

4 FEDERAL RULES OF EVIDENCE Bourjaily v. United States: in interpreting and applying the rules it will generally look to their plain meaning unless such a result would be absurd. Copyright © 2015 Carolina Academic Press. All rights reserved.

5 Why do we restrict the evidence that is admissible in American courts? a fair trial for all parties to assist the judge or jury in determining the facts involve Copyright © 2015 Carolina Academic Press. All rights reserved.

6 Federal Rules of Evidence Encompass 68 separate rules addressing topics from hearsay to attorney-client privilege, relevancy of evidence, and expert testimony. The rules are individually numbered rules and divided among the following 11 articles. Copyright © 2015 Carolina Academic Press. All rights reserved.

7 Evidence may be divided into five traditional types of evidence: real, demonstrative, documentary, testimonial, and judicially noticed evidence. TYPES OF EVIDENCE Copyright © 2015 Carolina Academic Press. All rights reserved.

8 Real evidence frequently refers to physical objects. For example, a bullet taken from the body of a murder victim is considered as real evidence Real evidence may be defined as the thing, the existence or characteristics of which are relevant and material. It is usually evidence that is directly involved in some event in the case. Copyright © 2015 Carolina Academic Press. All rights reserved.

9 Demonstrative evidence evidence that demonstrates or illustrates the testimony of a witness. photo of the crime scene is considered as demonstrative evidence. The purpose of demonstrative evidence is to illustrate testimony Copyright © 2015 Carolina Academic Press. All rights reserved.

10 Documentary evidence a document such as a gun registration form that indicates that the murder weapon at one time belonged to the accused. Documentary evidence may also be considered as real evidence. A birth certificate is an example of documentary evidence. A report of a blood alcohol test is frequently both real and documentary evidence. Copyright © 2015 Carolina Academic Press. All rights reserved.

11 The full set of PowerPoint slides is available upon adoption. Email bhall@cap-press.com for more information. Copyright © 2015 Carolina Academic Press. All rights reserved.


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