(3) Direct and Circumstantial Evidence

(3) Direct and Circumstantial Evidence - Criminal Evidence...

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Criminal Evidence and Procedure Chapter 3: Types of Evidence Types of Evidence 3.1 Relevant Evidence We already discussed that only relevant evidence will be admitted in court Sometimes relevant evidence will NOT be admitted into court Obtained in violation of defendant’s rights Violations of the hearsay rule Information is privileged What makes something relevant ? If it tends to prove or disprove a disputed point or issue in the case One key issue of relevance is what is “ at issue ” in the case All disputed facts that are required to establish the elements of the crime charged and the defendant’s guilt beyond a reasonable doubt Facts necessary to establish the defense are also “at issue” If the defendant admits something, such as prior conviction, the facts regarding the crime which resulted in the conviction are no longer at issue – no evidence can be submitted to prove facts that are not at issue. Another key to admissibility is probative value Evidence must make it appear that a fact probably occurred Any evidence that might have some impact on the jury If an atty makes an objection based on lack of relevance, the judge must decide if the evidence will be admitted – made on a question by question basis Relevant evidence must also be material 1. logically connected with some fact that is at issue AND 2. it can not be too remotely connected to the facts at issue – must have more than just a remote connection to the fact a balancing test is used to determine if the value of the evidence outweighs the problems it may cause at trial relevant evidence is not admissible if it would be unduly prejudicial due to its emotional
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This note was uploaded on 06/25/2008 for the course CRJ 152 taught by Professor Spencer during the Spring '05 term at Middlesex CC.

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(3) Direct and Circumstantial Evidence - Criminal Evidence...

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