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| Apply when the defense or prosecution are admitting evidence to a judge that they want to be admitted. |
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| The placing of someone into custody. In order to arrest someone you need to have reasonable suspicion or probable cause that they have committed a crime. |
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| Charges a complaint - a piece of paper with the defendants name, age, and sex. |
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The charges are read to the defendant by a judge. Bail will be discussed. People can plead guilty/no contest(rare)
A second Arraignment is sometimes needed, where the charges are again read to the defendant.
The rules of evidence do not directly apply. |
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| guarantee that you come to court. It's a deposit of cash, other property. The rules do not apply. |
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| You can ask for a lawyer, if you do not have one you will get sent to the public defenders office. |
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The rules of evidence do not apply. The right afforded to the adversary in a trial to examine, inspect, and copy the evidence in the hands of the other side.
The DA shares his file to the defense, Not usually done in court.
The rules do not apply. |
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1. The DA has to prove a crime occurred
2. That the defendant in court is responsible.
The rules of evidence directly apply. |
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| IF the police have willfully lost evidence it would be unlawful to take it to trial. Rules Apply. |
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| Speedy preliminary examination. The rules of evidence apply. |
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| Motion to suppress evidence. If the cops screw up that motion it might not be used against you. Rules directly Apply |
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| A hearing in camera. rules do not apply |
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Based on what is recorded on preliminary exam, someone goes over the information and charges what is approved.
Things that were not proven at the preliminary exam cannot be charged.
The rules of evidence do not directly apply. |
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Everything is recorded. A review of what happened on the preliminary hearing.
1. Is there sufficient evidence
2. is the evidence legally obtained.
If there is evidence it must go forward.
The rules apply. |
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| Jury and Court Trial = Rules apply |
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| The reading of the defendants right. Rules Apply. |
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| Criminals engage in the same conduct patterns. Rules Apply |
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| Generally in homicide there are hundreds of photographs - the defense looks through them to decide which to choose for court they have to have a good reason why they picked specific photographs. Rules Apply. |
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| A motion where the defendant claims the witness suggested the cops gave or hinted at the identity of the criminal during a lineup or otherwise. Rules Apply. |
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| The defense claims the witness's hearing is bad. Rules Apply |
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| The selection of a jury for trial. The rules do not apply |
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| Rules apply because the rules can dictate what questions can be asked. |
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| Privileged Communications |
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| Present Memory Refreshed/Past Recollection |
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| Witness questioned by the other side. Rules Apply |
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| Prior Inconsistent Statements |
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| Witness changes their statement on the stand. Rules Apply |
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| Rules Apply (Judge is acting as a referee.) |
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| Rules Apply but not all the time. |
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| Try to contradict the defense. Rules Apply |
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| Summarize the case. Rules don't apply |
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| Jury talks about the case. Rules don't apply |
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| Jury Reaches of verdict. Don't apply |
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| Everything that happened during the trial is appealed. The Rules Apply. |
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| Was passed in California in 1955, became effective in 67 |
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| anything that meets the census and is offered to prove a fact. Observations. Not all evidence is admissible |
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| The Burden of producing evidence |
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| Evidence code section 110 means the obligation of a party to introduce evidence to avoid an adverse ruling. Prosecution generally has the burden of producing evidence. |
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| A cop does something that causes a generally law abiding citizen to commit a crime. |
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| Does the DA have the Burden of Producing evidence in all stages? |
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| What quantity of evidence needs to be proven in order to win. |
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| Preponderance of the evidence |
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| 51% used in most pretrial motions. |
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| It's clear and convincing. Where a judge is deciding whether or not to revoke someones probation. |
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| Proof beyond a reasonable doubt |
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| Only applies to the DA's burden to win a criminal case. Only applies to trials. |
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| For Corpus delecti you need |
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