Welcome to AJ104-Legal Aspects of Evidence

Mail to:

Rio Hondo College
Department of Public Safety
3600 Workman Mill Road
Whittier, CA 90608

Course Description: This course is a through study of the evidence rules with specific emphasis on the application of these rules in preparing and presenting evidence. This includes a discussion of the history and approach to the study of evidence; proof by evidence by way of witness testimony, documents, and real evidence; and exclusion of evidence on constitutional grounds. 

After an introduction course, the next logical step is to address the area known as adjective law. This law sets out the basic procedures of law and cases to support the rationale behind the court's decision. Community colleges pick up the legal framework of procedures from the courses taught in the academy and expands them into a conceptual educational reference. Each concept of law is discussed without pursuing the theoretical and systems discussion of legal procedures needed to round out the full understanding of legal concepts.

Course Assignments

Unit 1- email your instructor and acknowledge due dates for completed work and final exams.

 Unit 2---Define or discuss:

A.     Differences between State and Federal courts

B.     Court structure and responsibility from Municipal to State Supreme Court

• Evidence law reflects both historical evolution and the strengths and weaknesses of our federal system of government
  
• The federal rules of evidence represent a comprehensive set of rules. Each state has a right to enact its own evidence code
  
• The courts have a right to rule that a statute is invalid because it violates the federal constitution
  
• The courts follow a prescribed agenda or order of events at the criminal trial. Every person is given the same rights
  

Unit 3---Define or discuss:

A.     Role of the District Attorney

The District Attorney’s office represents the People of the State of California. Prosecutors bring criminal charges against suspects in courts of law. The District Attorney's Office has the responsibility and authority to investigate and prosecute all felonies and most misdemeanors in the county, with a few exceptions.

B.     Role of the Public Defender

The Public Defender is a law office established and funded by the County of Los Angeles. The functions of the office are defined by the county charter and by California state law. The attorneys and other staff employed by the office render legal services to individuals who are accused of public offenses, and who cannot afford to retain the services of a private attorney. We also represent any person under the age of 18 who is facing juvenile delinquency proceedings, or regarding whom the state has instituted wardship proceedings because of habitual truancy or incorrigibility. We represent individuals who are involuntarily detained in medical facilities in a variety of mental health proceedings because of purported mental disabilities, those as to whom conservatorship proceedings have been instituted because they are alleged to be gravely disabled, and patients whose competency to refuse medical treatment is challenged. Finally, we represent individuals who are subject to contempt proceedings for violation of court orders, such as child support and child visitation or custody orders.

C.     Preliminary hearing vs. Arraignment

ARRAIGNMENT - The hearing at which the accused is brought before the court to plead to the criminal charge in the indictment. He may plead "guilty," "not guilty," or where permitted "nolo contendere." (See preliminary hearing.).  PRELIMINARY HEARING - Synonymous with "preliminary examination"; the hearing given a person charged with a crime by a magistrate or judge to determine whether he should be held for trial. Since the Constitution states that a person cannot be accused in secret, a preliminary hearing is open to the public unless the defendant requests that it be closed. The accused person must be present at this hearing and must be accompanied by an attorney.
 

Unit 4—Define or discuss:

A.     History of laws of evidence

B.     Buren of proof

C.     Legal presumptions

D.     Limitations of pat down searches

E.      Fourth Amendment protections regarding search and seizure 

• A warrant is required to install electronic listening devices that invade a person's reasonable expectation of privacy.
  
• The Fourth Amendment gives the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.
• Probable cause is the group of facts that makes a reasonable person more certain than not than an event occurred.
• The Judicial integrity approach excludes evidence because the courts should not be tainted by unconstitutional acts of the police.
• Facts given in an affidavit are usually very detailed and must convince the judge that there is something that the officers have a legal right to seize.
  

Unit 5--- Define or discuss:

A.     Admissions vs. Confessions

B.     With respect to adults, Miranda requirements

C.     Fifth Amendment protection

D.     Privileged communications  

• The Best Evidence Rule was established around 1700. The purpose was to prevent fraud.
• All documents must be authenticated by various methods such as testimony of a witness or public record.
• The Hearsay Rule was established to give the defendant the right to confront and cross-examine the person making the statement.
• Over several centuries society has determine that there are certain relationships where it is important to maintain and encourage confidentiality.
  

Unit 6--- Define or discuss:

A.     The adversary system vs. seeking the truth

B.     Expert witness requirements

C.     Impeaching and rehabilitating witnesses

• A witness is impeached by asking questions. If the answer indicates that the witness may not be credible, doubt is thereby created in the mind of the judge or jury. The witness must then be proven to be credible by rehabilitation methods.
• Experts are only allowed to testify if they are needed. If the facts can be understood by lay jurors, no expert witnesses will be allowed.
• Forensic evidence can be used to establish the elements of the crime, associate the defendant with the crime, and help to reconstruct the crime.
• Expert witnesses will be called to provide the necessary background on the test and explain the scientific principles behind it.
  

Unit 7--- Define or discuss:

A.     Acceptable opinions by lay-persons

B.     Two exceptions to the hearsay rule

C.     Chain of custody with respect to evidence

D.     Direct vs. circumstantial evidence

• Relevant evidence is any evidence that tends to prove or disprove any disputed fact in the case. Relevant evidence is material if it is logically connected with some fact that is an issue in the case.
  
• All evidence must be introduced through the testimony of a person on the witness stand. Many states only consider objects that are admitted into evidence as "real evidence".
• Direct evidence will be admissible if it was legally obtained and is not privileged communication. Circumstantial evidence is admitted at the discretion of the judge.
  
• Flight to avoid prosecution, attempts to hide evidence, and sudden wealth are some examples of circumstantial evidence of guilt after a crime was committed.

Unit 8---Define or discuss:

A.     Determinant sentencing

B.     Purpose of the probation report

C.     Judges role in sentencing

• The Fifth Amendment protects a suspected criminal from being compelled to give testimony that might incriminate him or herself.
  
• In order to continue the questioning, a knowing, intelligent, and voluntary waiver must be obtained from the suspect.
  
• There are three basic procedures used to allow victims or witnesses to identify the person who committed the crime: lineups, showups, and photographic lineups.
  
• Law enforcement officers use a variety of techniques to identify the perpetrators of crimes. The Fourth, Fifth, Sixth, and Fourteenth Amendment rights must be protected.
  

Unit 9--- Define or discuss:

A.     Sentencing guidelines

B.     Public concerns over sentencing

C.     How guidelines were designed to eliminate disparity

• The facts of a case should be carefully assessed to determine if each element of each charge can be established beyond a reasonable doubt.
  
• Evidence Admissibility-In order to introduce physical evidence at trial, the prosecutor must know where the item has been, who has had access to it, and anything that has been done since in came into police custody.
  
• Courtroom demeanor-The courtroom places high demand on the professionalism of each actor in the process. An attitude of politeness and civility must be maintained at all times.
  
• Contact with lawyers, witnesses, and jurors-The officer must remember two things: never answer out-of-court questions and never be rude to the jurors.
  

Final Examination: Your grade for the course will be weighted as follows: Written Assignments = 50%, Final Exam = 50%. In order to successfully complete the course you MUST complete the written assignments and, take the final examination. If you live within 50 miles of the campus, you MUST take the final examination on campus. You may contact the Learning Assistance Center at (562) 692-0921 x 4016 or 3169 to schedule taking the final exam. The Learning Assistance Center is located at the Police Academy which is on the main campus on Canyon Drive. If you live over 50 miles from the college the exam may be proctored at your location. Contact your instructor for details.

If you experience any difficulty or need any further clarification, contact the Online Coordinator, Carley Mitchell at mitchellcarley@hotmail.com or in an emergency call him at (801) 953-6173.

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