Course Objectives

The student who successfully completes this course will be able to:

>>Trace the historical development and evolution of the rules of evidence
in the United States.

>> Understand the rule relating to the burden of the prosecution in proving guilt
and the rules concerning the burden of proof on the defense in a criminal case.

>>Describe the procedure in introducing evidence and the role of the judge, the jury,
witnesses, and the attorney in presenting, challenging, and evaluating evidence.

>>Define judicial notice and distinguish between judicial notice of facts
and judicial notice of law.

>>Define relevance and materiality. Give reasons for the exclusion of evidence
even though it might be material and relevant and explain why some matters are relevant
and admissible and some are not.

>>Trace in detail the procedure in the examination of witnesses and the cross examination of witnesses and define such terms as leading questions, refreshing memory, past recollection recorded, and impeachment of witnesses.

>>List the reasons for privileged communications, such as communications between husband and wife, between attorney and client, and between physician and patient. Summarize the scope of the privilege in each privileged communication situation.

>>Distinguish between expert testimony and non-expert testimony. Enumerate some of the subjects of non-expert and expert testimony and summarize some of the rules relating to cross-examination of expert witnesses.

>>Define "hearsay evidence" and the "hearsay rule" and enumerate at least six exceptions to the hearsay rule with the requirements attached to each of these exceptions.

>>Define documentary evidence. Distinguish between documentary evidence, oral testimony, and real evidence, and explain specifically what is meant by "authentication" and "best evidence".

>>List four requirements that must be met before real evidence is admitted into court and summarize the rules concerning the introduction of such evidence as photographs, x-rays, sound recording, diagrams, and maps.

>>Explain the general rules relating to the results of examinations and tests, specific rules that are peculiar to various types of tests.

>>Trace the development of the rules relating to the exclusion of evidence on constitutional grounds, such a evidence illegally seized and the evidence obtained in violation of the self-incrimination provisions and the due process provisions of the Constitution.

Student Responsibilities

The student will be required to complete three examinations each counting for one-third of the final grade. The student will be responsible for any material contained in the assigned textbook and outside readings as well as any material covered in class lectures. Students are expected to attend all classes and participate.

Note: Class attendance will affect your grade.
Make-up exams will be given only in exceptional cases and then only if cleared in advance.