WHAT IS EVIDENCE TESTIMONY OF WITNESSES DOCUMENTS

Presentation on theme: "WHAT IS EVIDENCE TESTIMONY OF WITNESSES DOCUMENTS"— Presentation transcript:

1 WHAT IS EVIDENCE TESTIMONY OF WITNESSES DOCUMENTS
PHYSICAL EVIDENCE AND FORENSICS EXPERT OPINIONS STIPULATIONS OF FACT

2 RULES OF EVIDENCE PURPOSE – SO JURY GETS COMPETENT, RELIABLE EVIDENCE TO MAKE A GOOD DECISION ON THE ISSUES PRESENTED IN THE CASE GARBAGE IN, GARBAGE OUT – SO, THE RULES STOP GARBAGE FROM GETTING INTO EVIDENCE JURY IS SUPPOSED RELY SOLELY ON THE ADMITTED EVIDENCE , SO IT IS CRUCIAL TO YOUR CASE.

3 AMISSIBLE EVIDENCE PROPER FORM RELEVANT – LOGICAL AND LEGAL
PROPER CHARACTER EVIDENCE PROPER PRIOR BAD ACTS EVIDENCE NON-HEARSAY TESTIMONY AND DOCUMENTS PROPER OPINON TESTIMONY – LAY AND EXPERT

4 OBJECTIONS FORM FOUNDATION RELEVANCE
(Logical Relevance - Rules 401 and 402, Legal) (Legal Relevance – Relevance Substantially Outweighed by Unfairness\ IMPROPER CHARACTER EVIDENCE (Rule 404(a)) IMPROPER PRIOR BAD ACTS EVIDENCE (Rule 404(b)) HEARSAY (Rule 802) IMPROPER OPINION TESTIMONY (Lay – 701, Expert – 702)

5 FORM QUESTIONS IN THE PROPER FORM
No Leading Questions on Direct Examination No Compound, Speculation, Asked and Answered, Lack of Foundation Five W’s are great – Who, What, When, Where and Why D words only sometimes – Did, Do, Does, etc.

6 RELEVANCE – RULE 401 RELEVANCE – LOGICAL
RELEVANCE IS THE RELATIONSHIP BETWEEN EVIDENCE AND THE ISSUES IN THE CASE. “WITH THIS EVIDENCE, THE FACTS AT ISSUE ARE MORE OR LESS LIKELY TRUE BECAUSE IT SHOWS _______________________.” EVIDENCE ISSUE TO BE TRIED LIKELINESS

7 RELEVANCE – RULE 403 LEGAL RELEVANCE – SO, IT IS RELEVANT UNDER RULE 401, BUT IT IS NOT ADMISSIBLE BECAUSE: PROBATIVE VALUE IS SUBSTANTIALLY OUTWEIGHED BY: UNFAIR PREJUDICE CONFUSTION OF ISSUES MISLEADING THE JURY UNDUE DELAY WASTING TIME NEEDLESSLY CUMULATIVE EVIDENCE

8 RELEVANCE – RULE 403 IT IS A BALANCING ACT DECISION – SUBSTANTIALLY OUTWEIGHED ADMISSIBLE? UNFAIR PREJUDICE CONFUSION WASTE OF TIME PROBATIVE VALUE

9 RELEVANCE – RULE 403 ADMISSIBLE? UNFAIR PREJUDICE CONFUSION
WASTE OF TIME PROBATIVE VALUE

10 RELEVANCE – RULE 403 ADMISSIBLE? UNFAIR PREJUDICE CONFUSION
WASTE OF TIME PROBATIVE VALUE

11 RELEVANCE – RULE 403 ADMISSIBLE? PROBATIVE VALUE UNFAIR PREJUDICE
CONFUSION WASTE OF TIME

12 CHARACTER EVIDENCE – RULE 404
CHARACTER IS NOT ADMISSIBLE TO PROVE A PERSON COMMITTED AND ACT ON A PARTICULAR OCCASION BY ACTING IN ACCORDANCE WITH THAT CHARACTER TRAIT. Rule 401 Exceptions – Defendant or Victim in Criminal Case; Prosecution to rebut (Rule 404), credibility (reputation: untruthful – all the time, truthful – only after attacked)(Rule ), certain prior convictions (Rule 609 – felony (1 year or more), subject to 403, if witness is a criminal defendant the probative value outweighs the prejudicial effect, any false acts crimes, etc.)

13 IMPROPER PRIOR BAD ACTS EVIDENCE (Rule 404(b))
CAN’T BE USED TO SHOW PROPENSITY TO COMMIT CRIME CAN BE USED TO SHOW: Motive, Opportunity, Intent, Preparation, Plan, Knowledge, Identity, Absence of Mistake or Lack of Accident RULING ON PRIOR MOTION IN LIMINE TO EXCLUDE EVIDENCE

14 HEARSAY – RULE OUT OF COURT STATEMENT (VERBAL, CONDUCT, WRITTEN) OFFERED FOR THE TRUTH OF THE MATTER ASSERTED WHAT IF NOT OFFERED FOR THE TRUTH OF THE MATTER ASSERTED? – NOT HEARSAY Also NOT HEARSAY – certain prior statements of witness/party EXCEPTIONS – LONG LIST – Available v. Unavailable – Present sense impression, excited utterance,

15 HEARSAY – RULE 801 - 805 HEARSAY EXCEPTION -Present Sense Impression
Excited Utterance Present Mental or Physical Condition Business Record Public Records Learned Treatises Etc. A D M I S B L E Out of Court Statement For Truth of the Matter Y Y Y Y n N N N Not Hearsay Not Hearsay Non-Hearsay Exemptions N Admission by Opponent, Prior Statements, State of Mind Admissible Y

16 IMPROPER OPINION TESTIMONY (Lay – 701, Expert – 702)
You can’t just give your opinions Need to be a qualified expert, or: It has to be based on exactly what witness saw, heard, etc; and Helpful to understand testimony and determine a fact in issue; and

17 IMPROPER OPINION TESTIMONY (Lay – 701, Expert – 702)
Expert Opinion Qualified Reliable Methodology for Coming to the opinion Opinion must assist jury and not just be common sense opinion Must lay foundation for qualifications – EDUCATION, TRAINING, EXPERIENCE Must lay foundation for methodology – HOW DID WITNESS PREPARE TO GIVE THE OPINION Must offer the witness as expert to judge before the witness gives his/her expert opinions.

18 IMPROPER OPINION TESTIMONY (Lay – 701, Expert – 702)
QUALIFY THE WITNESS – In particular area of expertise ESTABLISH RELEVANCE – Have you examined the facts and reached opinions OFFER THE WITNESS – Your Honor, P/D would like to offer (Witness) as an expert witness in the area/field of ____________. ESTABLISH METHODOLOGY – What did you review, What did it mean to you, OPINION - What is your opinion regarding ______. “REASONABLE DEGREE OF CERTAINTY IN YOUR AREA/FIELD” – Final question to cover all opinions.

19 MAKING OBJECTIONS STAND UP SAY “OBJECTION”
STATE THE BASIS IN 6 WORDS OR LESS BE READY TO SUPPORT YOUR OBJECTION WITH SPECIFICS IN REPLY TO THE RESPONSE BY YOUR ADVERSARY

20 RESPONDING TO OBJECTIONS
STAND UP RESPOND TO THE SPECIFIC OBJECTION SIMPLE AND CLEAR STATEMENT ON WHY IT IS ADMISSIBLE “THE EVIDENCE BEING OFFERED IS ADMISSIBLE BECAUSE . . .”

21 THE END