cj305 criminal evidence welcome to our seminar!!! (we will begin shortly) tonight – unit 1...

CJ305 Criminal Evidence

Welcome to our Seminar!!!

(We will begin shortly)

Tonight – Unit 1

(Chapter 1 – Intro to the Law of Evid and the Pre-trial Process)

(Chapter 2 – The Trial Process)(Chapter 10 – “Critical Stage Test for the Right to Counsel”

Pg 329-330)

CJ305 Criminal EvidenceIntroduction• Welcome• Brief bio on the Prof…• Brief rundown on how seminars will run

– Welcome – Brief review of the prior Unit’s highlights– Brief outline of the current Unit’s material– Presentation and discussion of the current Unit topic/material as set forth in the syllabus– Brief review of what we have done in the current unit– Brief preview of the material in the next Unit.

• Discussion Boards – 1 post, one reply• Syllabus rundown & Questions in class• Plagiarism• Major assignments

– Unit 1 - Project– Unit 2 - Project– Midterm Exam due at the end of Unit 5– Midterm Exam ESSAY due at the end of Unit 5– Unit 6 - Project– Unit 7 - Project– Unit 8 - Project– Unit 9 - project– Final Exam due at the end of Unit 9– Final Exam ESSAY due at the end of Unit 9

CJ305 Criminal Evidence - Unit 1 Mini-Preview

• In Unit 1 We will discuss:– Chapter 1, 2 and Pgs 329-330 in Chapter 10– Evidence– Basic Police functions– Role of the Prosecuting and Defense Attys– US Court System– Probable cause

CJ305 Criminal Evidence - Unit 1

• What is evidence?

• What is meant by “Rules of Evidence?”

• What is meant by “Chain of Custody?”

• What are the Federal Rules of Evidence?


• Evidence - information that people base decisions on. Legally, it is information presented in court during a trial which enables a judge and/or jury to decide a case.

• Rules of Evidence – guidelines for judges, attorneys and law enforcement personnel involved in a trial.– Determine how a trial will be conducted, who can be called as a

witness, what and how a person can testify, how articles at a crime scene are collected, and how a witness can testify.

• Chain of Custody – Maintenance and control over a object to such a degree that the custodian can prove the object is in the same condition as it was when originally obtained.


• The Federal Rules of Evidence are the rules that all US Federal Courts apply in criminal trials and 42 states have adopted in developing their own rules of evidence.– Surprisingly, 3 of the states which have NOT

adopted the FRE as a basis for the development of their own criminal evidence rules (CA, IL and NY) are all considered to be trendsetters in legal development and precedent.


• The FRE are the rules that all US Federal Courts apply in criminal trials and 42 states have adopted in developing their own rules of evidence.– Surprisingly, 3 of the states which have NOT

adopted the FRE as a basis for the development of their own criminal evidence rules (CA, IL and NY) are all considered to be trendsetters in legal development and precedent.


• What is probable cause?

• What events are considered to be part of the “pre-trial process?”

• Who are some of the major participants in a criminal trial?

• What is meant by “Jurisdiction?”

• What is meant by “Venue?”


• Probable cause – Facts and circumstances which would lead a reasonable person to believe that a crime had been committed or is about to be commited.

• Pre-trial events:– Arrest – Apprehension of the person suspected of

committing a crime or crimes.– Following an arrest, the officer files a criminal

complaint supported by a affidavit of facts which is sworn under oath as being truthful.


• Pre-trial events:– Booking - Formal processing of the arrested person. Includes:

Recording the arrest, fingerprinting, photographing and item inventory.– Initial appearance – Defendant’s first appearance in court. The judge

will look for the following: • If not charged via Grand Jury - Crime properly charged, right person named

as the defendant, reasonable basis for charges, if D has or needs legal counsel, D entry of a plea and set bail or other conditions for pre-trial release.

• If charged via Grand Jury – 1st appearance is called an arraignment.• If Guilty or Nolo Contendere (No Contest) plea is entered, judgment is

entered on the plea and the matter is set for sentencing. If a Not Guilty plea (or form of NG) is entered, then the matter is set for trial.

– Discovery – Exchange of information sought to be introduced at trial. Some jurisdictions do NOT allow the Prosecution to conduct discovery demands on the D as violative of the 5th Amend right to not incriminate onself. The Prosecution can and often will continue to investigate the case.


• Major criminal trial participants:– Law enforcement personnel – 3 basic functions: 1) Enforcing the

laws – includes investigation and detection of crime and the apprehension of criminals. 2) maintaining public order 3) providing public services.

• LEOs also assist the prosecution in the gathering and preparation of evidence sought by the prosecution to be introduced at trial.

– Prosecution and Defense Attys – the US system is an adversarial system. A person is innocent until proven guilty and our system requires that the prosecution prove each and every element of their case beyond a reasonable doubt.

• Jurisdiction – The power and authority of a specific court to hear and render a final decision in the matter before it.

• Venue – the place where the criminal act was committed. Also the proper court with jurisdiction to hear a matter.


• What are the typical steps in a criminal trial?

• What are criminal trials where a jury decides the matter called?

• What are criminal trials where a judge decides the matter called?

• What are the qualifications to be a juror?


• Typical steps in a criminal trial:– Pre-trial motions– Jury selection (voir dire) and empanelling– Prosecution Opening Statement– Defense Opening Statement– Prosecution case in chief

• And defense cross examination– Defense case in chief

• And prosecution cross examination– Prosecution closing argument– Defense closing argument– Prosecution rebuttal– Instructions to the jury– Jury deliberation– Jury verdict


• Trials decided by a jury are called jury trials. Here the judge is placed in the role of the law giver.

• Trials decided by a judge are called bench trials.• Qualifications to be a juror: 18yrs of age, reside

in the judicial district, citizen of the US, sufficient knowledge of English to understand testimony and communicate during deliberations and use of their natural faculties. (some JDNs require to be registered voter as well).


• What is “voir dire?”

• What is a challenge for cause?

• What is a peremptory challenge?

• What is “Jury Nullification?”


• Voir dire – (to speak the truth), the process of questioning prospective jurors to reach a final jury panel.

• Challenge for cause – removing a juror because they cannot render an impartial decision

• Peremptory challenge – a discretionary decision made by the Pros or D to excuse a juror from the jury panel w/o reason or justification.

• Jury nullification occurs when the jury renders a verdict that is not based on the evidence presented at trial.


• What is the burden of proof in a criminal trial?

• What is meant by “exculpatory evidence?”

• What is direct examination?

• What is cross examination?

• What is an evidentiary objection?


• The burden of proof in a criminal trial is to prove each and every element of the crime beyond a reasonable doubt.

• Exculpatory evidence is that evidence which tends to prove that a D is innocent of a crime.


• Direct examination – the questioning of witnesses which are considered favorable or neutral to the party calling them to the stand.– During direct exam, questions are not allowed to be of a leading

nature (those which suggest an answer) and are required to illicit a more narrative response from the witness.

– The exception is when a party calls a witness they believe to be hostile to their side. In this instance the party may request the permission of the court to ask leading questions.

• Cross examination (cross-x) – the questioning of a witness called by the opposing party. – During cross-x leading questions are allowed and used

extensively.


• An evidentiary objection is when one party raises a legal argument to prevent a witness from testifying or from having other evidence introduced.

Question Objection raised Court Renders Ruling (testify or not)


• What is a Critical Stage Test in a Criminal Proceeding?

• A critical stage of prosecution includes every instance in which the advice of counsel is necessary to ensure a defendant's right to a fair trial or in which the absence of counsel might impair the preparation or presentation of a defense" (United States v. Hidalgo, 7 F.3d 1566 [11th Cir. 1993]).

CJ305 Criminal Evidence - Unit 1 Mini Review

• In Unit 1 We have discussed:– Chapter 1, 2 and Pgs 329-330 in Chapter 10– Evidence– Basic Police functions– Role of the Prosecuting and Defense Attys– US Court System– Probable cause

CJ305 Criminal Evidence - Unit 2 Mini Preview

• In Unit 2 we will discuss:• Chapters 3 & 4 in text.• Evidence• Judicial Notice• Presumptions• Burdens of proof• Witness competency• Privileged communications…..and of course, much much more, so until next week’s

seminar, I’ll see you on the Discussion Boards!!Thank you!!!

cj305 criminal evidence welcome to our seminar!!! (we will begin shortly) tonight – unit 1...

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