Criminal-Procedure-Schulhofer-Sp07

Criminal-Procedure-Schulhofer-Sp07 - Introduction 17:54:00...

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Unformatted text preview: Introduction 04/04/2008 17:54:00 ← I. FUNCTIONS • Satisfy the societal need for punishment • Control crime • Control the government in pursuing the first two objectives ← ← II. THE TWO BASIC RULES OF EVIDENCE ← ← A. Evidence must be relevant • Must be probative – the proposition for which it is offered is more likely to be true given the evidence than it would be without the evidence • Must be material – the proposition that the evidence tends to prove must be one that will affect the outcome of the case under applicable law • Fed. R. Evid. 401 & 402 ← B. The prejudicial effect of the evidence cannot outweigh its probative value • Fed. R. Evid. 403 prohibits prejudicial evidence o Evidence must be excluded whenever its probative value is outweighed by its prejudicial effect • Fed. R. Evid. 404(b) deals with evidence of prior crimes or character o Evidence designed to show “bad character” may not be introduced in order to show that the accused had an evil disposition and thus was more likely to have committed the offense committed. ( Zacokwitz , 1930 – evidence about his gun collection not admitted) o Special rule for past crimes because it’s trick, as it is very intuitively probative and difficult to decided under the prejudicial balancing test • Why do we exclude this evidence? o The jury might convict because a person of bad character should be in jail, regardless of whether they committed the crime. o The jury might give the evidence more weight than it deserves. o One of the basic tenets of criminal law is that people should only be convicted based on actions. • Exceptions to character evidence/prior crimes rule: o May be used for a purpose other than that of suggesting bad character (i.e. to show motive, identity, etc.) o Signature exception when modus operandi of other crimes is so unique as to be like a signature o Rules for sex crimes and child molestation allow evidence of prior sex crimes or child molestation to be admissible evidence (413(a), 414(a)). (This evidence is exempt from 404, but still must pass 403 balancing taste.) o Impeachment exception: if a defendant chooses to testify, the prosecution may ask questions and present evidence about past criminal behavior during cross- examination and rebuttal ← ← III. ALL ABOUT JURIES ← ← A. The Right to a Jury Trial 2 • Duncan v. Louisiana (U.S. Supreme Court, 1968) o D was charged with battery, which carries penalties up to 2 years in prison. D’s request for a jury trial was denied....
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Criminal-Procedure-Schulhofer-Sp07 - Introduction 17:54:00...

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