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Criminal Evidence

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created 3 years ago by pixie1233
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Chapter 1

updated 3 years ago by pixie1233

Grade levels:
College: Third year

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1

Evidence

Something (including testimony, documents, and tangible objects) that tends to prove or disprove the existence of an alleged fact. Also is the collective mass of things, especially testimony and exhibits, presented before the tribunal in a given dispute.

2

Burden of Proof

Statutes and case law establish which side must prove specific elements of the case. In a criminal case, the prosecution must establish guilt "beyond a reasonable doubt."

3

Beyond a Reasonable Doubt

Proof that precludes every reasonable hypothesis except that which the law requires for the case. Establishing guilt.

4

Burden of Persuasion

While the prosecution has the burden of proof in criminal cases on almost all issues, the defense has the burden of persuasion. The defense does not have to prove that the defendant is innocent, but it must persuade the jury that the prosecution has not established the defendant's guilt beyond a reasonable doubt. this can be done by discrediting prosecution witness and/or calling defense witnesses.

5

Trier of the Law

The role of the trier of the law is to decide what law applies to a given case. This includes giving the jury instructions on the definitions of the [crime(s)] charged, ruling on objections made at trial (such as hearsay), and deciding whether Miranda and search and seizure rules were correctly followed by the police. In a trial, the trier of the law is the judge.

6

Trier of the Facts

The role of trier of the facts is to evaluate the evidence and decide which facts have been sufficiently proven. In a jury trial, the jurors are the triers of the facts and the judge is the trier of the law. In a trial without a jury, the judge is both the trier of the facts and the trier of the law.

7

Judicial Discretion

The judge has the authority to consider the facts and make a ruling for a specific case.

8

Federal Rules of Evidence

The Federal Rules of Evidence were enacted by the US Congress to govern the admission of evidence in federal court. The Federal Rules of Evidence are part of the United States code. Several states have adopted them.

9

Case Law

Case law is the collection of appellate court opinions. lawyers and judges study case law in order to find opinions that are relevant to the current case. Based on stare decisis, these decisions are binding on lower courts until reversed, vacated, or overruled.


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