Chapter 1: History and Development of the Law of Criminal Evidence:
Evidentiary Rules:
- Gates through which evidence flows in our criminal court system
- Most have their origins in English law
- Important to safeguard rights of accused persons in a fair trial and to ensure the interests
of the public in the proper functioning of the criminal justice system
Early Methods of Determining Guilt or Innocence:
- Use of ordeals was common (ex: duels in which winners considered innocent and losers
were guilty)
- Later, judgment was often pronounced by the clergy through oaths and oath-helpers
(similar to witnesses today)
- Presentment juries composed of community residents were also used
Magna Carta:
- Established minimum standards for arresting and imprisoning individuals accused of
crimes
- Required a demonstration of probable cause before a person can be arrested or held in
custody
- This principle influenced the drafters of the American Declaration of Independence
Writ of Habeas Corpus:
- This writ serves as a safeguard against unlawful imprisonment
- The write requires that an official must present himself to a court to show cause for
holding a person in custody
- The right of habeas corpus is incorporated into the U.S Constitution in Article 1, Section
9
- Provide another form of review in criminal convictions and sentences in addition to the
appeal process
- 28 U.S.C 2254 and 28 U.S.C 2255 authorize federal and state courts to hear
petitions for habeas corpus
- The petitioner must show the normal appeal process has been exhausted
Habeas Petitions:
- Prior to 1996, federal courts heard habeas petitions under “de novo” review which gave
little deference to state court decisions
- Since 1996, writs are limited to cases where the conviction or sentence was contrary to a
clearly established federal law or based on “unreasonable determination of the facts”
Evidentiary Rules:
- Gates through which evidence flows in our criminal court system
- Most have their origins in English law
- Important to safeguard rights of accused persons in a fair trial and to ensure the interests
of the public in the proper functioning of the criminal justice system
Early Methods of Determining Guilt or Innocence:
- Use of ordeals was common (ex: duels in which winners considered innocent and losers
were guilty)
- Later, judgment was often pronounced by the clergy through oaths and oath-helpers
(similar to witnesses today)
- Presentment juries composed of community residents were also used
Magna Carta:
- Established minimum standards for arresting and imprisoning individuals accused of
crimes
- Required a demonstration of probable cause before a person can be arrested or held in
custody
- This principle influenced the drafters of the American Declaration of Independence
Writ of Habeas Corpus:
- This writ serves as a safeguard against unlawful imprisonment
- The write requires that an official must present himself to a court to show cause for
holding a person in custody
- The right of habeas corpus is incorporated into the U.S Constitution in Article 1, Section
9
- Provide another form of review in criminal convictions and sentences in addition to the
appeal process
- 28 U.S.C 2254 and 28 U.S.C 2255 authorize federal and state courts to hear
petitions for habeas corpus
- The petitioner must show the normal appeal process has been exhausted
Habeas Petitions:
- Prior to 1996, federal courts heard habeas petitions under “de novo” review which gave
little deference to state court decisions
- Since 1996, writs are limited to cases where the conviction or sentence was contrary to a
clearly established federal law or based on “unreasonable determination of the facts”
