Chapter 3: Using Evidence to
Determine Guilt or Innocence
Evaluation + Review of Evidence
- Rules of evidence: decide what evidence is presented to a judge and jury for evaluation
- MANY setÝngs where rules of evidence do NOT apply
- Process of reviewing and evaluating evidence filters out weaker cases from the system
- Motion to suppress evidence: written/oral request to keep evidence out of a trial/hearing
o Often made when a party thinks evidence was unlawfully obtained
o Judge must review the evidence
o Lee v. State 59 Md. App., 28, 474 A.2d 537, 35CrL 2147 (1984): shoplifter had to leave a
store in order to be convicted of larceny or theft; Maryland Court of Special Appeals
afÏrmed the conviction bc circumstances can larcenous intent can be interfered once a
customer crosses into the realm of behavior inconsistent with the owner’s expectations
- 2008 FBI: police departments using team review of evidence have a higher clearance rate than
the national average
o Better communication and interaction between investigating ofÏcers
Goals of the CJ System
- Discourage/deter people from commitÝng crimes
- Protect society from dangerous individuals
- Punish people who committed crimes
- Rehabilitate/reform people who committed crimes
Criminal Court Process
- Criminal Complaint: beginning of typical misdemeanor case
o Can be filed with the court before or after the defendant is placed under arrest
- Judge determines only whether probable cause exists to believe a crime was committed by the
defendant
- Arraignment: initial appearance where charges are read, a plea is entered, and bail is set
- Preliminary Hearing: held if felony is charged in a criminal complaint; charges can be dismissed
if the prosecution’s case is weak
o Indictment system is used for felonies instead of public prosecutors
- Criminal Indictment: list of criminal charges by a grand jury
o States that do NOT use the grand jury system may begin a criminal case with
information
Defendant Pleas
- Not guilty
- Alford guilty plea: regular guilty plea
- Insanity Plea: usually not guilty by reason of mental disease
Determine Guilt or Innocence
Evaluation + Review of Evidence
- Rules of evidence: decide what evidence is presented to a judge and jury for evaluation
- MANY setÝngs where rules of evidence do NOT apply
- Process of reviewing and evaluating evidence filters out weaker cases from the system
- Motion to suppress evidence: written/oral request to keep evidence out of a trial/hearing
o Often made when a party thinks evidence was unlawfully obtained
o Judge must review the evidence
o Lee v. State 59 Md. App., 28, 474 A.2d 537, 35CrL 2147 (1984): shoplifter had to leave a
store in order to be convicted of larceny or theft; Maryland Court of Special Appeals
afÏrmed the conviction bc circumstances can larcenous intent can be interfered once a
customer crosses into the realm of behavior inconsistent with the owner’s expectations
- 2008 FBI: police departments using team review of evidence have a higher clearance rate than
the national average
o Better communication and interaction between investigating ofÏcers
Goals of the CJ System
- Discourage/deter people from commitÝng crimes
- Protect society from dangerous individuals
- Punish people who committed crimes
- Rehabilitate/reform people who committed crimes
Criminal Court Process
- Criminal Complaint: beginning of typical misdemeanor case
o Can be filed with the court before or after the defendant is placed under arrest
- Judge determines only whether probable cause exists to believe a crime was committed by the
defendant
- Arraignment: initial appearance where charges are read, a plea is entered, and bail is set
- Preliminary Hearing: held if felony is charged in a criminal complaint; charges can be dismissed
if the prosecution’s case is weak
o Indictment system is used for felonies instead of public prosecutors
- Criminal Indictment: list of criminal charges by a grand jury
o States that do NOT use the grand jury system may begin a criminal case with
information
Defendant Pleas
- Not guilty
- Alford guilty plea: regular guilty plea
- Insanity Plea: usually not guilty by reason of mental disease
