Witnesses
Impeachment is
What is attacking the credibility of a witness?
Hearsay is defined as
What is an out of court statement made and that is offered in a court hearing to support the truth of information being presented?
Rule of Privilege is
What is that some communication between parties is protected from having to testify to?
The 4th Amendment does what
What is bars warrantless searches and seizures?
United States v. Leon
What is caselaw where police warrant showed valid but later found to lack probable cause but was admissible because police believed it was valid and acted in 'good faith'?
Key issues regarding the witness include
What is: competency, credibility, faulty memory, a layperson's ability to testify, an expert's area to testify?
The Hearsay Rule states
What is that hearsay is not admissible without exception?
What is protection against testifying about conversations made during marriage (with few exceptions)?
Search is defined as
What is examining a person, house or property by the police or their agents?
Frye v United States involved:
What is a caselaw re: admissibility of polygraph evidence and allowed the use of scientific evidence if 'generally accepted' in the scientific community?
What are: the duty to tell the truth, the duty to narrate events, and the duty to establish competency?
Federal law says this about admission/confession
What is that they are NOT hearsay?
The physician-patient privilege is
What is the specific protection for what is necessary for patient's treatment, not conversations or overheard communication?
Seizure is
What is taking possession of a person or property?
Crawford v Washington states
What is caselaw where Mr. Crawford defended his wife against Mr. Lee, who attempted to rape Mr. Crawford's wife, and where Mr. Crawford claimed during the trial that Mr. Lee had a knife but the wife reported no knife to the police and the statement was considered hearsay and inadmissible to be used against Mr. Crawford
Examples of methods of impeachment include:
What are: bias or prejudice, previous felony convictions, immoral acts, prior inconsistent statements, inability to observe, poor reputation?
A dying declaration is
What is statement made by declarant in anticipation that they are about to die and generally deemed trustworthy and admissible?
The law saw this about clergy privilege
What is each state has a specific law, covers confidential info?
What is caselaw re: Mitchell's sentencing hearing where she plead guilty at trial and prosecution claimed the plea was a waived of 5th amendment but Supreme Court overturned and agreed Right to remain silent is no inference of guilt?
Rehabilitation as referred to a witness involves
What is an attempt to restore credibility of a witness who has been impeached?
Contemporaneous Declaration is
What is a statement made at the same time as an act?
Police informants are
What is witnessed used by the police to help support and build evidence of an investigation, but which there is limited privilege to keep informant confidential?
What is probable cause, oath or affirmation support info, describe individual or the item to be searched, and make oath and swear out before a magistrate?
Zurcher v Stanford Daily says
What is caselaw upheld by the Supreme Court where police obtained warrants to get photos taken by student newspaper that the paper tried to sue and said was protected by 1st and 4th Amendment? (legislation has since been passed to protect papers from such searches)