Transcript CRIMINAL EVIDENCE

Chapter Two

Important Aspects of the
American Criminal Justice
System
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FEDERALISM IN THE UNITED
STATES
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THE UNITED STATES USES A FORM OF
GOVERNMENT CALLED FEDERALISM,
WHICH WAS CREATED AT THE 1787
CONSTITUTIONAL CONVENTION IN
PHILADELPHIA
What this means is that the Central
Government has the power and
authority to handle national problems
and the STATES have the power to
regulate local needs.
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FEDERALISM IN THE UNITED STATES (Cont.)
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FEDERALISM ALLOWS FOR DIVERSTIY AND
FLEXABILITY AT STATE AND LOCAL LEVELS OF
GOVERNMENT
UNDER AMERICAN FEDERALISM, STATES ARE
RESPONSIBLE FOR PUBLIC SAFETY AND CAN
ENACT LAWS THAT THEY BELIEVE ARE MOST
EFFECTIVE IN PROVIDING FOR PUBLIC ORDER
AND AN EFFICIENT, EFFECTIVE CRIMINAL
JUSTICE SYSTEM
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FEDERALISM AND THE LAW OF
EVIDENCE
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THE POWERS OF THE U.S. CONGRESS, THE
PRESIDENT AND THE U.S. SUPREME COURT
ARE LIMITED TO THOSE POWERS GRANTED
IN THE CONSTITUTION
EACH STATE IS SOVEREIGN, AND THE
OFFICIALS OF EACH STATE HAVE THE
POWERS GRANTED TO THEM BY THE
CONSTITUTION OF THAT STATE
EACH STATE HAS ITS OWN CRIMINAL
CODES, AND EACH HAS ENACTED A CODE
OF CRIMINAL PROCEDURE AND EVIDENCE
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FEDERALISM AND THE LAW OF EVIDENCE
(Cont.)
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THESE CODES AND THE RULINGS OF STATE
COURTS MUST CONFORM TO THE REQUIREMENTS
OF THE U.S. CONSTITUTION
STATE LAWS AND STATE COURT RULINGS MAY
PROVIDE ADDITIONAL RIGHTS TO THE PEOPLE OF
THE STATE AND TO CRIMINAL DEFENDANTS
WITHIN THE STATE, BEYOND THOSE EXTENDED BY
THE CONSTITUTION
THE FEDERAL RULES OF EVIDENCE WAS ENACTED
IN 1975 BY CONGRESS
MOST STATES HAVE ADOPTED RULES OF EVIDENCE
ALMOST IDENTICAL TO THE FEDERAL RULES,
WITH LOCAL MODIFICATIONS
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FEDERALISM AND THE LAW OF EVIDENCE
(Cont.)
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EACH STATE RETAINS THE POWER TO INTERPRET
AND MODIFY THOSE RULES OF EVIDENCE
THE MEANING AND APPLICATION OF THE FEDERAL
RULES OF EVIDENCE CAN VARY BETWEEN
FEDERAL COURTS AND STATE COURTS AND
BETWEEN THE STATES
THE FEDERAL RULES OF EVIDENCE AND MOST
STATE RULES OF EVIDENCE APPLY IN BOTH CIVIL
AND CRIMINAL TRIALS
SOME RULES OR PARTS OF RULES MAY APPLY
DIFFERENTLY IN CRIMINAL CASES
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STATE AND FEDERAL JURISDICTION
OVER CRIMES IN THE UNITED
STATES
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THE GREAT MAJORITY OF CRIMES COMMITTED IN
THE UNITED STATES ARE VIOLATIONS OF STATE
CRIMINAL CODES
SOME CRIMES ARE FEDERAL OFFENSES IN
VIOLATION OF THE FEDERAL CRIMINAL CODE
A SMALL PERCENTAGE OF CRIMINAL OFFENSES
ARE VIOLATIONS OF BOTH THE FEDERAL
CRIMINAL CODE AND A STATE CRIMINAL CODE
THE U.S. CONSTITUTION DOES NOT GRANT TO
THE FEDERAL GOVERNMENT A GENERAL POLICE
POWER, NOR HAS THERE EVER BEEN FEDERAL
CRIMINAL COMMON LAW
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STATE AND FEDERAL JURISDICTION OVER
CRIMES IN THE UNITED STATES (Cont.)
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ALL FEDERAL CRIMES HAVE TO BE STATUTORY
CRIMES ENACTED BY CONGRESS
STATES HAVE GENERAL POLICE POWER TO
REGULATE IN PROVIDING FOR DOMESTIC
TRANQUILITY
COMMON LAW REFERS TO THE RULES DEVELOPED
OVER YEARS BY COURTS AND JUDGES
CRIMINAL LAWS MAY BE ENACTED BY THE
FEDERAL GOVERNMENT IN THE FOLLOWING
AREAS:
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STATE AND FEDERAL JURISDICTION OVER
CRIMES IN THE UNITED STATES (Cont.)
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TO PROTECT ITSELF, ITS OFFICIALS AND
EMPLOYEES, ITS PROPERTY AND THE
ADMINISTRATION OF ITS AUTHORIZED
FUNCTIONS
TO REGULATE INTERSTATE AND FOREIGN
COMMERCE
TO PROTECT CIVIL RIGHTS
TO ENACT CRIMINAL LAWS FOR PLACES
BEYOND THE JURISDICTION OF ANY STATE,
SUCH AS THE DISTRICT OF COLUMBIA,
FEDERAL TERRITORIES, AND FEDERAL
ENCLAVES SUCH AS MILITARY BASES AND
NATIONAL PARKS
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LAW ENFORCEMENT IN THE
AMERICAN FEDERAL SYSTEM
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IN THE UNITED STATES, THERE ARE 17,000 LAW
ENFORCEMENT AGENCIES
MOST ARE AT THE LOCAL LEVELS OF
GOVERNMENT (CITIES, COUNTIES, TOWNS, ETC.)
LOCAL LAW ENFORCEMENT AGENCIES ENFORCE
CITY AND COUNTY ORDINANCES IN ADDITION TO
THE CRIMINAL LAWS OF THEIR STATE
STATE RULES OF EVIDENCE ARE USED IN BOTH
MUNICIPAL AND STATE COURTS
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LAW ENFORCEMENT IN THE AMERICAN FEDERAL
SYSTEM (Cont.)
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LAW ENFORCEMENT AGENCIES WORKING
AT THE STATE LEVEL OF GOVERNMENT
ARE GENERALLY CREATED BY STATE LAW
TO ENFORCE STATE CRIMINAL LAWS OR
TO ENFORCE HUNTING, FISHING, HEALTH,
SANITITATION, FIRE AND OTHER STATE
CODES
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THE ADVERSARIAL SYSTEM
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THE FUNCTION OF THE CRIMINAL TRIAL, IN THE
AMERICAN COURT SYSTE, IS TO PROVIDE A
VENUE (Location) FOR DETERMINING THE FACTS
UPON WHICH THE GUILT OR INNOCENCE OF THE
ACCUSED IS BASED
THE MAIN ACTORS AT THE TRIAL ARE THE JUDGE,
THE JURY, THE PROSECUTOR AND THE DEFENSE
ATTORNEY
IN THE AMERICAN ADVERSARY SYSTEM, THE
PROSECUTOR AND THE DEFENSE ATTORNEY
ASSUME AN ADVERSARIAL ROLE
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THE AMERICAN ADVERSARY SYSTEM (Cont.)
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EACH ADVERSARY (Prosecutor or Defense) HAS
TWO GOALS:
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TO PRESENT THE FACTS MOST ADVANTAGEOUS TO
THEIR POSITION
TO PREVENT AND MAKE IT DIFFICULT FOR THEIR
OPPONENT TO DO THE SAME
THE PROSECUTOR ATTEMPTS TO HAVE THE
DEFENDANT FOUND GUILTY BEYOND A
REASONABLE DOUBT BY A UNANIMOUS JURY
THE DEFENSE COUNSEL’S DUTY IS TO REPRESENT
HIS CLIENT ZEALOUSLY WITHIN THE BOUNDS OF
LAW
THE TRIAL JUDGE AND THE JURY COME TO THE
TRIAL UNCOMMITTED and UNBIASED
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THE AMERICAN ADVERSARY SYSTEM (Cont.)
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WITNESSES AND EVIDENCE ARE PRESENTED
WITHING THE FRAMEWORK OF THE RULES OF
EVIDENCE AND THE RULES OF COURT
PROCEDURE
WITNESSES ARE CROSS-EXAMINED AND
EVIDENCE IS CHALLENGED
THE TRIAL JUDGE PRESIDES NEUTRALLY AT THE
CRIMINALTRIAL AND HAS THE RESPONSIBILITY
FOR SAFEGUARDING BOTH THE RIGHTS OF THE
ACCUSED AND THE INTERESTS OF THE PUBLIC
IN THE ADMINISTRATION OF CRIMINAL JUSTICE
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THE AMERICAN ADVERSARY SYSTEM (Cont.)
THE DETERMINATION OF TRUTH IS
THE FUCTION OF THE JURY
 THE PURPOSE OF THE RULES OF
EVIDENCE ARE TO ENSURE THAT EACH
ADVERSARY’S VERSION OF THE TRUTH
IS PUT BEFORE THE JURY BY
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RELEVENT, RELIABLE AND
COMPETENT EVIDENCE
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EACH ADVERSARY SEEKS TO PRESENT
THE FACTS THAT ARE MOST
ADVANTAGEOUS TO THEIR POSITION
WHILE MAKING IT DIFFICULT FOR
THEIR OPPONENT TO DO THE SAME
 TO BE ADMISSIBLE IN COURT,
EVIDENCE MUST BE:
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RELEVANT, RELIABLE AND
COMPETENT
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RELEVANT EVIDENCE
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RELEVANT EVIDENCE IS DIRECTED OR
CIRCUMSTANTIAL EVIDENCE THAT HAS IS OF
CONSEQUENCE TO THE DETERMINATION OF THE
ACTION MORE PROBATIVE OR LESS PROBATIVE
THAN IT WOULD BE WITHOUT THE EVIDENCE
RULE 403 OF THE FEDERAL RULES, SOMETIMES
REFERRED TO AS THE LEGALLY RELEVANT
TEST, ALLOWS FOR RELEVANT EVIDENCE TO BE
EXCLUDED IF IT MAY (1) UNFAIRLY
PREJUDICE A PARTY, (2) CONFUSE THE JURY
OR (3) WASTE THE COURT’S TIME
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RELIABLE EVIDENCE
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RELIABLE EVIDENCE IS EVIDENCE THAT
POSSESSES A SUFFICIENT DEGREE OF
BELIEVABILITY
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UNRELIABLE EVIDENCE IS INADMISSIBLE
RELIABLE AND ADMISSIBLE EVIDENCE IS
NEEDED TO JUSTIFY CHARGING A PERSON WITH
A CRIME
EACH STATE HAS AUTHORITY TO COMMENCE A
CRIMINAL PROSECUTION IF SUFFICIENT
EVIDENCE IS AVAILABLE TO JUSTIFY THE
CRIMINAL CHARGE
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RELIABLE EVIDENCE (Cont.)
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EACH STATE HAS THE POWER TO
DETERMINE WHAT SHALL BE AN OFFENSE
AGAINST ITS AUTHORITY AND TO PUNISH
SUCH OFFENSES
EACH STATE HAS ITS OWN
CONSTITUTION, COURT SYSTEM AND
OTHER GOVERNAMENTAL UNITS
STATES HAVE THE PRINCIPAL
RESPONSIBILITY OF MAINTAINING PUBLIC
ORDER WITHIN THEIR BOUNDARIES
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COMPETENT EVIDENCE
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COMPETENT EVIDENCE INCLUDES RELEVANT,
RELIABLE EVIDENCE THAT IS NOT
OTHERWISE RENDERED INADMISSIBLE
THE RULES OF EVIDENCE ARE DESIGNED AS
COMPLEMENTS TO THE ADVERSARY SYSTEM
THE RULES OF EVIDENCE LIMITS THE
TACTICS IN THE ADVERSARY SYSTEM SO
THAT THE JURY WILL SEE AND HEAR
ONLY THAT EVIDENCE WHICH
PROPERLY SHOULD INFLUENCE ITS
DELIBERATIONS
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THE AMERICAN ACCUSATORIAL
SYSTEM
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THE UNITED STATES AND MOST OF THE
ENGLISH-SPEAKING DEMOCRACIES IN THE
WORLD USE THE ACCUSATORIAL SYSTEM IN
CRIMINAL INVESTIGATIONS AND IN CRIMINAL
TRIALS
UNDER THE ACCUSATORIAL SYSTEM,
SUSPECTS AND DEFENDANTS HAVE AN
ABSOLUTE RIGHT TO REMAIN SILENT
ABOUT MATTERS THAT COULD
INCRIMINATE THEM
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MOST EUROPEAN COUNTRIES AND OTHER
DEMOCRACIES OF THE WORLD USE THE
INQUISITORIAL SYSTEM
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THE INQUISITION!
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UNDER THE INQUISITORIAL SYSTEM,
DEFENDANTS DO NOT HAVE AN ABSOLUTE
RIGHT TO REMAIN SILENT
CONTRIES USING THE INQUISITORIAL
SYSTEM RELY MORE HEAVILY ON THE
OBTAINING OF CONFESSIONS IN THE
SOLVING OF CRIMES
In the past, as well as in some countries
even today, the use of torture was used to
induce confessions!
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DISCLOSING INFORMATION IN THE
ADVERSARY SYSTEM
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WHEN A CRIMINAL CHARGE HAS BEEN MADE, THE
PROSECUTION AND THE DEFENSE BEGIN
SEPARATE INVESTIGATIONS OF THE FACTS
NEITHER THE PROSECUTION NOR THE DEFENSE IS
INCLINED TO SHARE INFORMATION WITH THE
OTHER SIDE DUE TO THEIR ADVERSARY
POSITIONS
THE U.S. SUPREME COURT HAS PLACED LIMITS ON
THIS UNWILLINGNESS TO SHARE INFORMATION
MANY OF THE RULES COMPELLING DISCLOSURE
APPLY TO THE PROSECUTION, BUT SOME COMPEL
A DEFENDANT TO DISCLOSE INFORMATION TO
THE PROSECUTION – This is referred to as
“Discovery”
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NOTICE OF ALIBI STATUTES
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BY USING THE ALIBI DEFENSE, THE DEFENDANT
IS ALLEGING THAT HE OR SHE PHYSICALLY
COULD NOT HAVE COMMITTED THE CRIME THAT
IS CHARGED BECAUSE THE DEFENDANT WAS AT
ANOTHER PLACE AT THE TIME THE CRIME WAS
COMMITTED
MOST LIKELY ALL STATES HAVE NOTICE OF ALIBI
STATUTES THAT REQUIRE DEFENDANTS WHO
PLAN TO USE AN ALIBI DEFENSE TO SERVE
NOTICE ON THE PROSECUTOR BEFORE TRIAL
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NOTICE OF ALIBI STATUTES (Cont.)
IN 1973 THE U.S. SUPREME COURT
HELD THAT IF A DEFENDANT IS
COMPELLED TO DISCLOSE
INFORMATION, THE STATE MUST
MAKE SIMILAR DISCLOSURES SO THAT
THE DISCOVERY IS A “TWO-WAY
STREET.” (WARDIUS V. OREGON)
 This is referred to also as
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“reciprocal Discovery”
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EXCULPATORY EVIDENCE
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IS EVIDENCE THAT TENDS TO SHOW
INNOCENCE
This is THE DUTY TO DISCLOSE EVIDENCE TENDING TO
SHOW THE INNOCENCE OF AN ACCUSED
A PROSECUTOR HAS A DUTY TO DISCLOSE
EVIDENCE FAVORABLE TO AN ACCUSED UPON
REQUEST, WHERE THE EVIDENCE IS
MATERIAL TO GUILT OR INNOCENCE
LAW ENFORCEMENT OFFICERS ARE PART
OF THE PROSECUTION AND ALSO HAVE A
DUTY OF DISCLOSURE
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THE DUTY TO DISCLOSE EVIDENCE TENDING TO
SHOW THE INNOCENCE OF AN ACCUSED (Cont.)
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ALL STATES HAVE ENACTED STATUTES
PROVIDING FOR THE DISCOVERY OF
INFORMATION AND EVIDENCE BY DEFENSE
LAWYERS
THE ACCUSED DOES NOT HAVE A RIGHT
TO ALL INFORMATION AVAILABLE TO
THE PROSECUTOR BUT DOES HAVE THE
RIGHT TO INFORMATION AS PROVIDED BY
THE STATUTES OF THE STATE AND TO
INFORMATION REQUIRED UNDER THE
BRADY RULE
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The BRADY RULE
 This defines the DUTY of the
Prosecution and Police to
DISCLOSE…
 ANY EVIDENCE THAT WOULD
TEND TO SHOW THE
“INNOCENCE” of an Accused.
 This
is referred to as…
 EXCULPATORY EVIDENCE
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Impact of the Brady Rule
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Brady v. Maryland
United States Supreme Court, 373, U.S. 83
83 S. Ct. 1194 (1963)
Despite a “discovery” request from the defense,
the prosecution withheld a statement by an
accomplice admitting the killing of the victim,
claiming that the defendant wanted to strangle
the victim, and the accomplice wanted to shoot
him.
The real issue was the “suppression” of the
statement favorable to the accused upon
request that information, violated due process
since the evidence was material either to guilt
or punishment
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LOST, MISPLACED AND DESTROYED
EVIDENCE
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SOMETIMES EVIDENCE IS LOST, MISPLACED OR
ACCIDENTALLY DESTROYED
For Example: AN ITEM OF CLOTHING OR OTHER
POTENTIAL EVIDENCE CAN BE OVERLOOKED IN THE
CONCERN TO RENDER MEDICAL ASSISTANCE TO THE
VICTIM OR TO APPREHEND THE OFFENDER
THE U.S. SUPREME COURT ESTABLISHED
RULES CONCERNING THE
GOVERNMENT’S DUTY TO PRESERVE
EVIDENCE
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LOST, MISPLACED AND DESTROYED EVIDENCE (Cont.)
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THE SUPREME COURT HELD THAT A VIOLATION
OF DUE PROCESS HAS NOT OCCURRED UNLESS
THE FOLLOWING IS SHOWN:
 BAD FAITH ON THE PART OF THE POLICE
OR OTHER LAW ENFORCEMENT OFFICIAL
 THE EVIDENCE ALSO WOULD BE OF
LIKELY SIGNIFICANCE TO THE
DEFENDANT’S DEFENSE
IF A BRADY VIOLATION OCCURS, THE
PENALTY WILL BE MORE SEVERE AND WILL
PROBABLY LEAD TO A NEW TRIAL OR TO
COMPLETE DISMISSAL OF THE CRIMINAL
CHARGES
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USE OF FALSE OR PERJURED
EVIDENCE
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THE DELIBERATE USE OF FALSE OR
PERJURED EVIDENCE IN AN ATTEMPT
TO OBTAIN A CRIMINAL CONVICTION IS A
CRIME IN ITSELF
THIS CONDUCT COULD ALSO BE THE
BASIS FOR A CIVIL LAWSUIT IN WHICH
LARGE COMPENSATORY AND PUNITIVE
DAMAGES COULD BE AWARDED
Mooney v Holohan 294 U.S. 103 (1935)
Miller v Pate 386 U.S. 1 (1967)
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