Criminal Evidence: Principles and Cases (Chapters 1 - 9)/CRIMINAL LAW ALL SOLUTION 100% CORRECT SPRING 2023 EDITION AID GRADE A+

observe, remember, narrate, and understand the obligation to be truthful To be deemed a competent witness Fifth Amendment The right to not be deprived of life, liberty or property without due process The only practic ...

observe, remember, narrate, and understand the obligation to be truthful To be deemed a competent witness Fifth Amendment The right to not be deprived of life, liberty or property without due process The only practical means to enforce rights by deterring police misconduct arguments in favor of the exclusionary rule Inferences reasonable conclusions that judges or juries may draw if they so desire Eighth Amendment The right to not be subjected to cruel and unusual punishment Voir dire examination Children and other witnesses whose competence is questioned will usually be subjected this. Prima Facie Evidence Evidence that is sufficient in itself to prove a case Criticism of the federal exclusionary rule may result in guilty people being acquitted attorney-client privilege does not apply client informs the attorney of future planned crimes Sixth Amendment Right to impartial jury Mapp v. Ohio U.S. Supreme Court made the federal exclusionary rule mandatory for "state" courts conditional plea defendant pleads guilty but reserves the right to appeal certain issues cross examination Questioning of a witness by the opponent of the party that called that witness adversary system of justice Defense and prosecution present their best case and challenge the opponent's case Bob states that Mary told him that she saw Tom break the window. Hearsay U.S. v. Leon objective good faith Indictment Formal Charge by the Grand Jury proof beyond a reasonable doubt Level of prrof in a criminal case Sixth Amendment The right that a person accused of a crime be informed of the charges against him/her hearsay Issue The person who actually saw the events is not on the witness stand. Fifth The right of a person not to be compelled to testify against himself/herself derivative evidence The fruit of the poisonous tree doctrine Trial of William Penn Milestione in establishing independence of juries from influence by the government. Sixth Amendment The right to a speedy trial forfeiture by wrongdoing rule Defendant who deliberately makes a witness unavailable waives the right to object to hearsay with regard to that witness. Trial of Sir Walter Raleigh Prompted concern about the use of hearsay Circumstantial evidence Proves a fact in issue by inference. Excited Utterance Hearsay Exception Presumptions Inferences that the judge or jury are required to make. Fifth Amendment The right to be free from double jeopardy Assertive Statement To fall within the hearsay rule, the declarant's statement must be: Evidence Excluded Exclusionary Rule Violations results in: Proof The result of evidence. Weeks v. U.S. U.S. Supreme Court made the exclusionary rule mandatory in "federal" courts. Criminal Cases The federal exclusionary rule aplies to Subpoena Duces Tecum Orders a person to bring certain items or records with them to court. Alford Plea When the defendant pleads guilty but refuses Adult Witnesses Presumed competent unless shown to be incompetent Fourth Amendment The right to be free from unreasonable searches and seizures Use of Hearsay Evidence Generally violates a defendant's right confront and cross-examine adverse witnesses Magna Carta The first document establishing minimum standards or rights for those accused of crime. Fourteenth Amendment Provisions of the Bill of Rights now also limit the power of the states. Affirmative Defense Defendant admits doing the act but claims other matters that will result in an acquittal. Bad Faith If the prosecution loses, misplaces, or destroys evidence important to the defense, this violates a defendant's rights only if the prosecution acted in: the Term "Hearsay" Contraction of the phrase "I heard it said." Arraignment procedure where the defendant will enter a formal plea to the charges. innocence A defendant is entitled to this presumption Expert Witness May testify as to their opinions or conclusions. Fair Trial Defendants have a right to this. Sixth Amendment The right for the accused to confront witnesses against them Eighth Amendment