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| Uniform Crime Reports- FBI |
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| A body of rules enacted by public officials in a legitimate manner and backed by the force of the state |
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Constitutions
Statutes/Ordinances
Judicial Decisions/Case Law
Administrative Regulations |
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| Creates legal obligations |
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| Establishes methods of enforcing legal obligations |
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| Freedom to peaceably assemble |
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| Freedom to petition government |
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| Right of militia to bear arms |
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| Freedom from unreasonable search and seizure |
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| Compensation for taking private property |
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| Confrontation of witnesses |
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| No cruel and unusual punishment |
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| A battle between 2 opposing parties will uncover more of the truth than a single official could, no matter how industrious or well-meaning |
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Primary legal doctrine for limiting arbitrariness of officials
Given notice of charges brought
Provided a chance to present side
No law or procedure should be arbitrary |
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"Body of the Crime"
Elements of a crime |
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| Combine to create criminal liability |
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The power of a court to decide a dispute
Geographical
Subject matter
Hierarchical |
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Magistrate court
District courts
Court of appeals
US Supreme court |
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Trial court of Limited Jurisdiction
Trial courts of General Jurisdiction
Intermediate courts of Appeals
Appellate Court of Last Resort |
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| Federal Court of Appeals- by majority vote, can hear or rehear a case (entire bench) |
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| # of Federal District Courts |
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| # of US Courts of Appeals |
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| US Supreme court judges- 4 judges must vote to hear a case before it is placed on the docket |
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| 5-9 judges= entire court participates in deciding each case |
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| What the jury or judge actually hears and sees in court concerning a given occurrence or issue |
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| Reason for Rules of Evidence |
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| Ensure offered evidence is trustworthy and relevant |
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| Body of law regulating the information that is admitted to prove allegations in the pleadings |
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The persuasion produced by consideration of the evidence
The effect of the evidence |
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Civil proceedings
Criminal proceedings
Contempt proceedings
Habeas corpus proceedings |
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Preliminary questions of fact
Grand jury proceedings
Preliminary hearings
Bail release hearings
Sentencing or revocation proceedings
Arrest and search warrants
Extradition proceedings |
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| Includes all recorded statements |
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| Tangible objects relevant to the case being presented |
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| Charts, diagrams, maps, models, or photographs used to assist trier of fact |
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| Information that tends directly to prove or disprove a fact in issue |
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Authenticity
Relevancy
Competency |
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| Out of court verbal or nonverbal assertion offered in court to prove the truth of the matter asserted |
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Based upon trustworthiness and necessity
Not hearsay- prior statements of witnesses and admission made by party |
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| Witness may qualify as an expert based on knowledge, skill, experience, training, or education |
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| Requires original written document unless it is unavailable through no fault of the party seeking to prove the content of the document |
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| Rules concerning privilege implement extrinsic policies, usually to protect important relationships outside of court |
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Beyond a reasonable doubt
Clear and convincing evidence
Preponderance of the evidence |
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| Puts facts into lawsuits without requiring formal proof |
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| Judge made law, as opposed toe legislatively enacted |
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"Let the decision stand"
Requires judge to decide a case by applying the rule of law found in previous cases
Goals: fairness & consistency |
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| Relevant and reliable evidence |
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| Trial court is the gatekeeper |
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| FRE 702 is elastic under Daubert |
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| Who is an expert? FRE 702 |
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| A witness qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion |
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| Judge hears witness' qualifications and arguments regarding the validity of the evidence, then whether the testimony will be allowed |
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| Allows expert opinions to rest on facts or data |
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Test: something done to, at, or with a thing involved in the original event or occurrence
Experiment: an attempt to duplicate, as closely as possible, the original event or occurrence |
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| Without unnecessary delay |
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| During a search incident to arrest, policy may search the person and the area within the immediate vicinity |
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| In exchange for witness's testimony, prosecutor agrees not to prosecute the witness for any crimes admitted |
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| Government may not use the witness's grand jury testimony to prosecute that person in that case |
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| Any evidence obtained by the government in violation of a constitutional rights is not admissible in a criminal prosecution to prove guilt |
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Identification of suspects
Confessions
Searches |
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| Suspect in a crime is exhibited, along with others with similar physical characteristics |
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| One-to-one confrontation between a suspect and a witness to crime |
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| Photographic Identification |
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| A process whereby a victim or witness is shown photographs of possible suspects in a one-on-one situation |
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| Evidence obtained by the police during custodial interrogations of a suspect cannot be used in court during the trial unless the suspect was first informed of his/her rights |
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| Things Subject to Search and Seizure |
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Contraband
Fruits of the Crime
Instrumentalities of the crime
"Mere evidence" |
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| Requirements for search warrant |
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Statement of probable cause
Supporting oath or affirmation
Description of place to be searched and things to be seized
Signature of magistrate |
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Consent
Plain view
Exigent circumstances
Incident to lawful arrest
Vehicle search
Abandoned property
Open fields
Administrative searches
Special needs beyond law enforcement |
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| Title III of Omnibus Crime Control and Safe Street Acts of 1968 |
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| Cannot tap or intercept wire communications except court authorized wiretap, consent given by one of the parties |
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| Warrant must describe with particularity the conversations that are to be overheard |
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| Electronic Communications and Privacy Act of 1968 (EPCA) |
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| Amended law of nonconsensual interception of wire communications and oral communications |
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| Communications Assistance for Law Enforcement Act of 1994 (CALEA) |
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| To make clear a telecommunications carriers duty to cooperate in the interception of communications for law enforcement and other purposes |
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| Process through which a defendant pleads guilty to a criminal charge with the expectation of receiving some consideration from the prosecution |
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Jury selection (Voir dire)
Prosecution's case-in-chief
Motion for directed verdict
Defense case-in-chief
Rebuttal
Surebuttal
Closing arguments
Jury instructions
Verdict
Sentencing |
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