Evidence Chapter 2

Michelle Rose
Flashcards by Michelle Rose, updated more than 1 year ago
Michelle Rose
Created by Michelle Rose over 5 years ago


Evidence Chapter 2 Stevenson University - Professor Davitt

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Question Answer
Federalism Division of power between state governments and the federal government, in which the federal government has specified powers delegated to it, with the remaining powers vested in the states.
Federal Rules of Evidence Codification in 1975 of common-law rules of evidence; applicable only in federal courts but provide the model for most state evidence codes.
Common Law Legal rules that evolved over many years in English and America court opinions
Adversary System The judicial system in which opposing parties present evidence, and an impartial judge or jury weighs the evidence; contrasts with the inquisitorial system, where the judge actively questions the accused and witnesses.
Relevant Evidence Evidence that has a tendency to make a material issue before the court more of less probable.
Reliable Evidence Evidence that possesses a sufficient degree of likelihood that it is true and accurate.
Competent Evidence Any evidence that is relevant and reliable and not otherwise excludable
Brady Rule The rule that requires the prosecution to disclose, upon request, evidence favorable to the accused.
Due Process The minimum procedural protections courts must afford those charged with crimes; guaranteed by the fifth and fourteenth Amendments to the U.S. Constitution
What is the constitutional basis for the exercise of federal criminal jurisdiction The Constitution gives the federal government power to pass criminal laws to protect itself, its property, and its employees and agents. It is authorized to pass laws, including criminal laws, in area or activities that affect interstate commence, including all "necessary and proper" laws that are related to interstate commerce. It also may pass criminal laws governing places outside the jurisdiction of a state, such as a federal territory, military base, and so forth.
What are the limits of federal jurisdiction under the Interstate Commerce Clause The Commerce Clause power extends only to activities that affect interstate commerce, as opposed to activities that affect only a single state. It include activities that occur in only one state, but have a substantial effect on interstate commerce.
What are some differences between the accusatorial and inquisitional systems? In the accusatorial system suspects cannot be required to testify, and the prosecution has the duty to develop evidence of guilt from other sources. In an inquisitorial system a suspect may be required to answer questions and provide information that may lead to his conviction.
What are the requirements of the Brady rule? The Brady rule requires: 1) The prosecution to disclose exculpatory information or evidence to the defendant, even if a request for such information or evidence is not made. It includes evidence that goes to the credibility of a government witness, such as evidence the witness has made inconsistent statement to investigators 2) A violation of the Brady rule does not occur unless the evidence withheld is material and a reasonable probability exists that the result in the trial might have been different in the evidence had been disclosed to the defendant.
What are the requirements of the U.S. Supreme Court's rule for lost or destroyed evidence? A failure by the government to preserve evidence violates due process only if done so in bad faith, the evidence possesses some exculpatory value apparent to the government when it was lost or destroyed, and the defendant cannot independently obtain comparable evidence.
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