“ copyright © allyn & bacon 2008 criminal evidence chapter one: introduction this multimedia...

“Copyright © Allyn & Bacon 2008 “Copyright © Allyn & Bacon 2008

Criminal EvidenceCriminal EvidenceCriminal EvidenceCriminal Evidence

Chapter One:Chapter One: IntroductionIntroduction

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History of Law and Legal ProcessHistory of Law and Legal Process

LawLaw: the codification of social norms and : the codification of social norms and expectationsexpectations

EvidenceEvidence: the demonstration of truth or : the demonstration of truth or untruth regarding allegations made within untruth regarding allegations made within a court of law a court of law

John Wigmore: the father of evidence lawJohn Wigmore: the father of evidence law Identified 16 legal systems throughout history Identified 16 legal systems throughout history



Code of HammurabiCode of Hammurabi (circa 2270 B.C.): the oldest (circa 2270 B.C.): the oldest known legal code in the worldknown legal code in the world

Common law: Common law: a compilation of judge-made law;a compilation of judge-made law; established in England which spread to much of established in England which spread to much of the English-speaking worldthe English-speaking world

Civil Law: Civil Law: developed during the Roman Empire developed during the Roman Empire and was modernized by the French in the Ninth and was modernized by the French in the Ninth Century under the direction of Napoleon Century under the direction of Napoleon Bonaparte Bonaparte



Stare decisisStare decisis:: requires courts to adhere to requires courts to adhere to legal precedent, i.e. the law as decided by legal precedent, i.e. the law as decided by the highest court within a jurisdictionthe highest court within a jurisdiction

Civil law (legislative lawCivil law (legislative law) is composed of ) is composed of law established by government entities law established by government entities


Sources of Law in Am. SystemSources of Law in Am. System

American legal system is based both upon American legal system is based both upon federal and state lawfederal and state law

State are sovereignState are sovereign No federal sovereign lawNo federal sovereign law However, states may not violate rights However, states may not violate rights

guaranteed to all American citizens under guaranteed to all American citizens under the Constitution and/or the Bill of Rights the Constitution and/or the Bill of Rights



Little wording in the original Constitution Little wording in the original Constitution directly addressed criminal law and directly addressed criminal law and evidenceevidence

However, the first Ten Amendments of the However, the first Ten Amendments of the Constitution (i.e. the Bill of Rights) Constitution (i.e. the Bill of Rights) corrected this oversight corrected this oversight



11stst Amendment: freedom of speech Amendment: freedom of speech 22ndnd Amendment: right to bear arms Amendment: right to bear arms 33rdrd Amendment: protects homeowners from Amendment: protects homeowners from

governmental abusegovernmental abuse 44thth Amendment: no unlawful searches and Amendment: no unlawful searches and

seizuresseizures 55thth Amendment: right to a grand jury; freedom Amendment: right to a grand jury; freedom

from double jeopardy; freedom from self-from double jeopardy; freedom from self-incrimination; the right to due process; right to incrimination; the right to due process; right to just compensation (Govt. Taking) just compensation (Govt. Taking)



66thth Amendment: right of speedy and public trial; Amendment: right of speedy and public trial; right to impartial jury of one’s peers; right to be right to impartial jury of one’s peers; right to be informed of the charges; right to confront informed of the charges; right to confront witnesses; right to subpoena; right to counselwitnesses; right to subpoena; right to counsel

77thth Amendment: right to a trial by jury (limited Amendment: right to a trial by jury (limited scope)scope)

88thth Amendment: no excessive bail or unusual Amendment: no excessive bail or unusual punishmentpunishment

99thth Amendment: rights outside Constitution Amendment: rights outside Constitution 1010thth Amendment: ensures states’ rights Amendment: ensures states’ rights


Rules of EvidenceRules of Evidence

Majority of evidence law founded upon Majority of evidence law founded upon common law principles, e.g. common law principles, e.g. relevancy, relevancy, competency, hearsaycompetency, hearsay, and , and privileged privileged communicationscommunications



Uniform Rules of Evidence: enacted in Uniform Rules of Evidence: enacted in 1974; most states have adopted to help 1974; most states have adopted to help ensure that similar evidence rules applied ensure that similar evidence rules applied to all states; still differences existto all states; still differences exist

Federal Rules of Evidence: ensures same Federal Rules of Evidence: ensures same application of law among federal courtsapplication of law among federal courts

Civil law replaced common law for Civil law replaced common law for evidence rulesevidence rules



On federal level, law is also a product of On federal level, law is also a product of legislation established by Congress and legislation established by Congress and rulings issued by the Supreme Courtrulings issued by the Supreme Court


Defining EvidenceDefining Evidence

Evidence: Evidence: means of establishing the truth means of establishing the truth or untruth of a disputed factor untruth of a disputed fact

Relevant evidenceRelevant evidence: material evidence : material evidence having having probative valueprobative value regarding regarding something at issuesomething at issue

Material evidenceMaterial evidence: evidence which is : evidence which is logically connected to a fact at issue logically connected to a fact at issue

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