8.3 Presentation of Evidence
4 min read•august 16, 2024
Evidence presentation is crucial in trials. The govern what's admissible, focusing on and reliability. Attorneys use various types of evidence and psychological techniques to build compelling cases.
Juries are influenced by how evidence is presented. Factors like the , cognitive biases, and emotional impact can sway their decisions. Understanding these influences is key to effective trial strategies.
Rules for Presenting Evidence
Federal Rules of Evidence and Relevance
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- Federal Rules of Evidence (FRE) provide primary framework for admissibility and presentation of evidence in federal courts
- State courts may have their own evidentiary rules
- Principle of relevance fundamental to admissibility of evidence
- Evidence must tend to prove or disprove a fact of consequence in the case
- Rule against generally prohibits out-of-court statements offered to prove truth of matter asserted
- Subject to numerous exceptions and exemptions (prior inconsistent statements, excited utterances)
- requires original to be produced to prove content of writing, recording, or photograph
- Exceptions apply (lost or destroyed originals, admission by opposing party)
Authentication and Exclusion of Evidence
- required for evidence to be admissible
- Proponent must produce evidence sufficient to support finding that item is what it purports to be
- Methods include testimony of witness with knowledge, distinctive characteristics, or public records
- Court may exclude relevant evidence if probative value substantially outweighed by danger of:
- Order of presenting evidence typically follows structured sequence:
- Subject to court's discretion
Types of Evidence in Trials
Tangible and Visual Evidence
- consists of tangible objects or items directly involved in case
- Weapons (firearms, knives)
- Documents (contracts, handwritten notes)
- Physical evidence from crime scene (clothing, DNA samples)
- includes visual aids, models, or simulations
- Used to illustrate or explain testimony or other evidence
- Examples: charts, graphs, 3D models of crime scenes
- encompasses written or recorded materials
- Contracts, letters, emails, business records
- Electronic documents (PDFs, spreadsheets)
Testimonial and Character Evidence
- provided by witnesses under oath
- Personal knowledge (eyewitness accounts)
- Expert opinions (forensic analysts, medical professionals)
- relates to person's traits or reputation
- Admissible in limited circumstances
- Examples: testimony about defendant's peaceful nature, evidence of victim's aggressive behavior
Digital and Circumstantial Evidence
- increasingly important in modern litigation
- Electronic communications (text messages, emails)
- Social media posts
- Metadata (timestamps, geolocation data)
- requires fact-finder to draw inferences
- Contrasts with direct evidence
- Examples: fingerprints at crime scene, suspicious financial transactions
Strategies for Presenting Evidence
Psychological Techniques and Visual Aids
- Attorneys employ "priming" technique to introduce key themes early
- Influences jury's interpretation of subsequent evidence
- Example: emphasizing defendant's character in opening statement
- "Primacy and recency" effect utilized to enhance jury retention
- Emphasize important evidence at beginning and end of presentations
- Example: starting and ending closing argument with strongest points
- Visual aids and technology strategically employed
- Simplify complex information
- Maintain jury engagement throughout trial
- Examples: PowerPoint presentations, animated reconstructions
Presentation Techniques and Witness Examination
- "" used to present information in triads
- Makes information more memorable and persuasive to jury
- Example: highlighting three key pieces of evidence supporting claim
- Cross-examination techniques used to challenge credibility
- (prior inconsistent statements, bias)
- Attorneys carefully consider order of witness testimony
- Build compelling narrative
- Maintain jury's attention
- Example: starting with sympathetic witness, ending with expert testimony
- Objections strategically raised
- Prevent admission of unfavorable evidence
- Highlight importance of certain testimony to jury
- Examples: ,
Impact of Evidence on Juries
Psychological Influences on Jury Decision-Making
- CSI effect influences juror expectations about forensic evidence
- Unrealistic expectations due to popular media portrayals
- Example: jurors expecting DNA evidence in every criminal case
- Jurors tend to give more weight to eyewitness testimony and confessions
- Despite potential reliability issues
- Example: overvaluing eyewitness identification in robbery case
- influences jurors' perception of evidence importance
- Greater importance placed on easily recalled or vividly presented evidence
- Example: dramatic reenactment of crime scene having strong impact
Cognitive Biases and Evidence Evaluation
- can lead jurors to interpret evidence confirming preexisting beliefs
- Initial impressions of case influence interpretation of new evidence
- Example: juror with anti-corporate bias more readily accepting evidence of corporate wrongdoing
- Order of evidence presentation significantly impacts jury decision-making
- Primacy and recency effects influence weight given to certain pieces of evidence
- Example: evidence presented at beginning of trial having stronger impact
- Emotional evidence can have disproportionate effect on jury decision-making
- Compared to more neutral, factual evidence
- Examples: graphic photographs, victim impact statements
- Complexity of evidence influences jury's evaluation of importance and reliability
- Jury's ability to understand technical or scientific information affects verdict
- Example: complex financial fraud case with intricate accounting evidence
Key Terms to Review (29)
Authentication: Authentication is the process of establishing the genuineness and legitimacy of evidence presented in court, ensuring that the evidence is what it claims to be. This process is crucial as it protects the integrity of the judicial system by allowing only valid and reliable evidence to be considered during trials. Without proper authentication, evidence could easily be misleading or fabricated, leading to unjust outcomes.
Availability heuristic: The availability heuristic is a mental shortcut that relies on immediate examples that come to a person's mind when evaluating a specific topic, concept, method, or decision. This cognitive bias can significantly affect the way evidence is presented and interpreted, leading individuals to judge the likelihood of events based on how easily they can recall similar instances. It often results in skewed perceptions of risk and probability, particularly in legal contexts where persuasive evidence plays a crucial role.
Best Evidence Rule: The best evidence rule is a legal principle that requires a party to present the original document or primary evidence when trying to prove the content of that document in court. This rule ensures that the most reliable and accurate evidence is used to support claims, minimizing the risk of inaccuracies that might arise from secondary sources or copies.
Character Evidence: Character evidence refers to testimony or documents that are intended to show a person's character traits, often used in legal proceedings to prove or disprove a party's behavior or credibility. This type of evidence can be particularly contentious because it may lead to unfair prejudice, as juries might be swayed by a person's character rather than the facts of the case. The admissibility of character evidence is generally restricted and regulated by specific rules to ensure that it serves a legitimate purpose in the trial.
Circumstantial Evidence: Circumstantial evidence refers to evidence that does not directly prove a fact but instead relies on an inference to connect it to a conclusion of fact. It allows a judge or jury to draw reasonable conclusions based on the circumstances surrounding a case, often leading to strong implications even without direct evidence. This type of evidence is crucial in legal contexts where direct evidence may be scarce or unavailable.
Confirmation bias: Confirmation bias is the tendency of individuals to favor information that confirms their existing beliefs or hypotheses while disregarding or minimizing information that contradicts them. This psychological phenomenon can lead to flawed reasoning and skewed perceptions, especially during the evaluation and presentation of evidence in various contexts.
Confusion of issues: Confusion of issues refers to a situation in a legal proceeding where multiple, distinct issues become intertwined, making it difficult for a court to discern the relevant facts and determine liability or fault. This concept is crucial because it can obscure the clarity of evidence presented, ultimately affecting the outcome of the case. When issues are confused, it can lead to complications in both the presentation of evidence and the jurors' understanding of the arguments.
CSI Effect: The CSI Effect refers to the phenomenon where jurors' expectations of forensic evidence in criminal trials are influenced by popular crime television shows, particularly those like 'CSI: Crime Scene Investigation.' This effect can lead jurors to hold unrealistic views about the availability and reliability of forensic evidence, impacting their decisions during trials.
Defendant's case-in-chief: The defendant's case-in-chief refers to the phase in a trial where the defendant presents their evidence and arguments to counter the plaintiff's claims. This part of the trial is crucial as it allows the defendant to establish their defense, introduce witnesses, and provide documentation or other exhibits that support their position. The effectiveness of this presentation can significantly influence the jury's perception and the trial's outcome.
Demonstrative Evidence: Demonstrative evidence refers to physical evidence used to illustrate, clarify, or provide support for a fact in a case. It helps juries and judges visualize the facts being presented, which can enhance understanding and retention of complex information. This type of evidence can include charts, diagrams, photographs, models, and other tangible items that aid in explaining testimony or factual situations.
Digital evidence: Digital evidence refers to any information or data stored or transmitted in digital form that can be used in a court of law. This type of evidence is increasingly important due to the rise of technology and the internet, as it encompasses a wide range of materials including emails, text messages, digital photographs, and files stored on computers or servers. Digital evidence must be collected, preserved, and analyzed using specific techniques to ensure its integrity and authenticity in legal proceedings.
Documentary evidence: Documentary evidence refers to any type of written or recorded material that is presented in court to prove or disprove a fact in a case. This can include contracts, emails, photographs, or other documents that substantiate claims made by the parties involved. It plays a crucial role in the presentation of evidence by providing tangible proof that can support or challenge assertions made during legal proceedings.
Federal Rules of Evidence: The Federal Rules of Evidence are a set of rules that govern the admissibility of evidence in federal courts. These rules aim to ensure fairness in legal proceedings by providing guidelines on what evidence can be presented, how it should be collected, and how it may be used during trials. The rules also help to streamline the process by establishing consistent standards across federal courts.
Hearsay: Hearsay is an out-of-court statement made by someone other than the witness testifying, which is offered to prove the truth of the matter asserted. This type of evidence is generally inadmissible because it lacks reliability, as the original speaker cannot be cross-examined, making it difficult to assess credibility. Hearsay rules are crucial in maintaining the integrity of evidence presented in court, ensuring that only reliable testimony is considered.
Hearsay objections: Hearsay objections are legal challenges made against the admissibility of evidence that is based on out-of-court statements offered to prove the truth of the matter asserted. This concept is rooted in the principle that hearsay is often unreliable because the person making the statement is not present in court to be cross-examined. Understanding hearsay objections is crucial in evaluating how evidence is presented and challenged in legal proceedings.
Impeachment: Impeachment is the process of calling into question the validity of a witness's testimony or evidence presented in a legal proceeding. This mechanism can be used to challenge the credibility of witnesses by presenting evidence that contradicts their statements, thereby influencing the judge or jury's perception. It plays a crucial role in ensuring that the evidence presented in court is reliable and trustworthy.
Judicial Discretion: Judicial discretion refers to the power and flexibility that judges have to make decisions based on their interpretation of the law and the unique circumstances of each case. This concept allows judges to exercise personal judgment when applying legal standards, especially during the presentation of evidence and when giving jury instructions, ensuring that justice is tailored to the specifics of each situation.
Leading Questions: Leading questions are inquiries that suggest a particular answer or contain the information the examiner is seeking, often guiding the witness towards a specific response. These types of questions are primarily used during direct examination to elicit desired information from witnesses, shaping the narrative being presented. However, their use is typically limited during cross-examination to avoid coaching witnesses and to ensure that their testimony remains spontaneous and unbiased.
Misleading the jury: Misleading the jury refers to the act of presenting false or deceptive information to jurors, which can distort their understanding and affect their decision-making in a legal case. This can occur through the manipulation of evidence, selective presentation of facts, or through improper arguments that lead jurors to conclusions that are not supported by the facts. It's crucial for both sides in a trial to adhere to ethical standards to ensure that justice is served.
Plaintiff's case-in-chief: The plaintiff's case-in-chief is the stage in a trial where the plaintiff presents their evidence and arguments to establish their claims against the defendant. This phase is crucial because it sets the foundation for the case, allowing the plaintiff to introduce witnesses, documents, and other evidence that support their position. Effectively presenting the case-in-chief can significantly influence the jury or judge's perception and understanding of the case.
Primacy and Recency Effect: The primacy and recency effect refers to the cognitive phenomenon where individuals are more likely to remember the first (primacy) and last (recency) items in a sequence better than those in the middle. This concept is significant in various contexts, especially in how evidence is presented and in the closing arguments of legal cases, where the order of information can influence jurors’ retention and decision-making processes.
Priming Technique: The priming technique is a psychological strategy used to influence a person's response to a stimulus by exposing them to a related concept beforehand. This method can effectively guide how evidence is presented, ensuring that the audience's perception is shaped in a desired direction. It leverages the idea that prior exposure to certain cues can subtly influence decision-making and interpretation of information.
Real Evidence: Real evidence refers to physical objects that are presented in court to support the facts of a case. This type of evidence can include anything from documents, weapons, and photographs to biological samples and recordings. Real evidence is crucial for establishing credibility and substantiating claims made by parties in a legal proceeding.
Rebuttal Evidence: Rebuttal evidence refers to the information presented by a party in a legal proceeding to counter or disprove evidence presented by the opposing party. This type of evidence plays a critical role in the presentation of arguments, allowing each side to challenge the other's claims and support their position more robustly. By introducing rebuttal evidence, parties can reinforce their arguments and potentially sway the judge or jury's perspective during a trial.
Relevance: Relevance in the context of legal discovery refers to information or evidence that is directly related to the facts of a case and could influence the outcome of legal proceedings. It plays a crucial role in determining what information can be obtained during discovery, ensuring that parties have access to data that can substantiate their claims or defenses. The concept is essential for maintaining fairness in the legal process, as it helps to limit the scope of inquiries to those matters that genuinely matter to the case at hand.
Relevance objections: Relevance objections are legal arguments raised during a trial or hearing to challenge the admissibility of evidence based on its lack of relevance to the issues being decided. These objections assert that the evidence presented does not significantly contribute to proving or disproving a claim or defense in the case, thus failing to meet the standards set by the rules of evidence. Understanding these objections is crucial for both parties to ensure that only pertinent evidence is considered, which helps streamline the trial process and focuses the jury's attention on important facts.
Rule of Three: The Rule of Three is a principle used in legal contexts to suggest that evidence presented should ideally consist of three key elements or instances to effectively support a claim or argument. This concept helps to establish credibility and persuasion by providing sufficient backing without overwhelming the audience, leading to more impactful presentations.
Testimonial evidence: Testimonial evidence refers to statements made by witnesses who provide their firsthand accounts or observations regarding facts relevant to a case. This type of evidence is crucial in legal proceedings as it helps establish the credibility of claims and can significantly influence the outcome of a trial.
Unfair prejudice: Unfair prejudice refers to the potential harm or bias that can occur when evidence is presented in a way that unfairly influences the jury against a party, rather than based on the factual relevance of the evidence itself. This concept is crucial in ensuring that the judicial process remains fair and just, as it helps to prevent emotionally charged or misleading information from swaying a jury's decision without proper foundation.