The Rules of Evidence

I OBJECT ! OVERRULED !SUSTAINED !

Leading Questions

Hearsay Statements

Opinion Statements

Immaterial or Irrelevant Questions

Non-Responsive Answers

Most Common Grounds for Objections

Suggests a particular answer to the witness. Example:

“Wasn’t it Tom you saw holding the knife and stabbing Al?”

SHOULD BE “What did you see Tom do to Al?”

Leading Questions

Evidence given by a witness based on info

received by someone else rather than personal knowledge.

Example: “Ann told me that she saw Tom stab Al with a knife.”

OBJECTION – Hearsay!

Hearsay

Witnesses cannot give opinion that goes

beyond common knowledge unless the witness is a recognized expert in the field.

Any witness can say they thought the car was in poor condition, but only a witness who is a mechanic could provide opinion about the condition of the brakes.

Opinion Statements

A question that has no relevance in the case.

Asking a murder suspect about their personal life with no bearing on the case.

Immaterial or Irrelevant Questions

A reply that does not really answer the

question.

Counsel will ask the judge to direct the witness to answer the question properly.

Non-Responsive Answers

Direct Evidence Circumstantial Evidence Character Evidence Electronic Surveillance Polygraph Tests Voir Dire

Types of Evidence

Testimony that proves a fact.

Example: Eyewitness Testimony

John Doe saw OJ kill his wife and her boyfriend.

Direct Evidence

Indirect evidence that leads to a reasonable

inference of the defendant’s guilt.

Bloody socks Blood in Bronco DNA at both the crime scene and house Fingerprints at the house Bloody Glove at scene and also house Shoeprints at crime scene

Circumstantial Evidence

Shows the defendant as the type of person

that would or would not commit this type of crime.

Prosecution cannot attack character. They can only rebut character evidence provided by defense.

Prosecution IS allowed to introduce past criminal records to test the defendants credibility.

Character Evidence

Requires electronics to overhear or record

communications between people.

Wiretapping

Bugging

Electronic Surveillance

Measures changes in pulse, breathing and blood pressure.

Accuracy depends on examiner

Results are not admissible in court.

Anything the defendant says IS admissible.

Polygraph Tests