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Unformatted text preview: Evidence Outline • Federal Rule Making o Authority: Rules Enabling Act Congress authorized Federal Judiciary to Prescribe • (1) Rules of Practice • (2) Procedure AND • (3) Evidence for Federal Courts Congress has discretion to reject, modify or defer any rules • Constitutional Issues o Fifth Amendment [Due Process, Self-Incrimination] Provisions • No person accused of an infamous crime shall be deprived of life, liberty or property without due process of law • No person shall be compelled… to be a witness against himself Application • Def has right to suppress the use of incriminating information supplied by government compulsion o Gov Compulsion = info obtained from Def w/o Def being made aware of constitutional (Miranda) rights • Prosecutor may NOT Comment on Defendant’s refusal to testify in any regard • Court may NOT issue jury instruction that silence indicative of guilt o Sixth Amendment [Confrontation Clause] Provisions • In all criminal prosecutions, accused shall enjoy the right: o To a speedy and public trial; o To be informed of the nature and cause of the accusation; o To be confronted with the witnesses against him; o To have compulsory process for obtaining witnesses in his favor, and o To have the assistance of counsel for his defense. • Application o 6 th Amendment applies at a minimum to prior testimony: (a) at a preliminary hearing , (b) before a grand jury , or • In Court Statements (c) at a former trial; and (d) to police interrogations • Out of Court Statements o Testimonial statements of witnesses absent from trial inadmissible UNLESS meets prescribed Exceptions [ see infra FRE] General Inquiry = whether declarant is unavailable for trial OR whether Def has had a prior opportunity to cross-examine • Cross-Examine = fundamental right of Def trying to protect o o Seventh Amendment [Trial by Jury] Provision • Def has right to Jury Trial if exceeds threshold amount (determined by statute) o Fourteenth Amendment [Incorporation Clause] Provision • Incorporates most of the BOR to State Law • Pre-Trial o (1) Pre-Trial Conference Prosecutor Must Provide: • All Trial Exhibits o Def Must Give Notice if Challenging Authenticity, Scientific Analysis or Chain of Custody • All Statements by Defendant & Co-Defendants • Test Reports & Results • Any Defendant Documents or Property • Defendant’s Criminal Record • Exculpatory Material [Brady] Mandatory vs. Elective • Jurisdictional • NJ Requires Conference – Other States May Not o (2) Motion in Limine Defined 1 • Optional Procedure • Party may use to get a ruling in advance of admission of evidence Renewal of an Objection at or before Trial • FRE 103(a) o Once Court makes definitive ruling admitting/excluding evidence, party need NOT renew an objection to preserve a claim of error on appeal Always considered Timely Abuse of Discretion • Exceptions o Must Renew Objection at Trial for...
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- Spring '09
- criminal law, Evidence law, def