Courtroom Evidence LMPT Exam 4
What is the Pre-Trial Suppression Hearing?
A party will file a motion to suppress or exclude evidence.
*Defense claims the government gained the evidence unlawfully
Law Enforcement frequently testify at suppression hearings
Judge decides to admit the evidence so that the jury can see it
What is the 'Voir Dire?'
Lawyers for the government and defense question the protentional jurors.
-Based on questioning, looking for biased jurors
-Court will select the jury from the remaining members of the panel
What happens during the 'Opening Statements by Counsel?'
Lawyers tell the jury what they expect the evidence will show.
-Statements are not evidence
What is the 'Case-in-Chief?'
Government presents evidence by calling witnesses and offering exhibits.
-Government goes 1st, due to the burden of proving the defendant guilty
What is a 'Redirect?'
Government re-examines the cross-examination of the defense
What is cross examination?
witnesses being questioned by the defendant's attorney
What is the Defense Case?
*Defense never has to go first
They present their:
-Witnesses
-Exhibits
What is the 'Rebuttal Case?'
Government may rebuttal/challenge defense's evidence
*Defense can also rebuttal government
, What happens during the closing arguments?
Lawyers explain why evidence shows that the defendant is guilty or not
-Arguments don't = evidence
-Only talk about admitted evidence
What happens during the 'Jury Charge?'
Judge explains the law to the jury
-Jury deliberates
-Decides guilty or not guilty
What does Verdict mean?
Jury reports the decision to the judge on paper
-Judge reads verdict
After the Verdict, is the Jury dismissed?
Yes, unless involving a capital case or forfeiture
What happens during the sentencing stage?
Separate hearing to litigate Pre-Sentence Report recommendations
-Jury is not present
-Judge decides sentence
-Parties can present evidence
What happens at the Post-Trial Proceedings?
Motion for a new trial
Appeal to Circuit Court
Habeas Courpus Petition
What is Relevant evidence?
Admissible evidence
-Prove or disprove a fact/element of a crime
-Prove or rebut a defense
-Concerns the credibility of a witness
What is Direct evidence?
Proves facts without need to draw conclusion
What is Circumstantial evidence (Indirect Evidence)?
Proves facts indirectly, through influence, deduction, conclusion
"Ballistic test that proves a certain gun fired a certain bullet"
What is the Pre-Trial Suppression Hearing?
A party will file a motion to suppress or exclude evidence.
*Defense claims the government gained the evidence unlawfully
Law Enforcement frequently testify at suppression hearings
Judge decides to admit the evidence so that the jury can see it
What is the 'Voir Dire?'
Lawyers for the government and defense question the protentional jurors.
-Based on questioning, looking for biased jurors
-Court will select the jury from the remaining members of the panel
What happens during the 'Opening Statements by Counsel?'
Lawyers tell the jury what they expect the evidence will show.
-Statements are not evidence
What is the 'Case-in-Chief?'
Government presents evidence by calling witnesses and offering exhibits.
-Government goes 1st, due to the burden of proving the defendant guilty
What is a 'Redirect?'
Government re-examines the cross-examination of the defense
What is cross examination?
witnesses being questioned by the defendant's attorney
What is the Defense Case?
*Defense never has to go first
They present their:
-Witnesses
-Exhibits
What is the 'Rebuttal Case?'
Government may rebuttal/challenge defense's evidence
*Defense can also rebuttal government
, What happens during the closing arguments?
Lawyers explain why evidence shows that the defendant is guilty or not
-Arguments don't = evidence
-Only talk about admitted evidence
What happens during the 'Jury Charge?'
Judge explains the law to the jury
-Jury deliberates
-Decides guilty or not guilty
What does Verdict mean?
Jury reports the decision to the judge on paper
-Judge reads verdict
After the Verdict, is the Jury dismissed?
Yes, unless involving a capital case or forfeiture
What happens during the sentencing stage?
Separate hearing to litigate Pre-Sentence Report recommendations
-Jury is not present
-Judge decides sentence
-Parties can present evidence
What happens at the Post-Trial Proceedings?
Motion for a new trial
Appeal to Circuit Court
Habeas Courpus Petition
What is Relevant evidence?
Admissible evidence
-Prove or disprove a fact/element of a crime
-Prove or rebut a defense
-Concerns the credibility of a witness
What is Direct evidence?
Proves facts without need to draw conclusion
What is Circumstantial evidence (Indirect Evidence)?
Proves facts indirectly, through influence, deduction, conclusion
"Ballistic test that proves a certain gun fired a certain bullet"
