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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 Defendants 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 Defendants 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