Goal #9 Objective C
Objective C:
Without the use of the course text or class notes, the student will identify the rules of evidence.
Osterburg points out that "for practical purposes the rules of evidence are
rules of exclusion."
It must be remembered that the framers of the Constitution were more
concerned with protecting the innocent than convicting the guilty. They were
particularly concerned about government abuses.
Osterburg contends that good investigative behavior (or habits) help meet the
requirements of the rules of evidence.
Elements of good investigative behavior:
- securing a search warrant to obtain evidence
- arresting only with probable cause
- administering the Miranda warning before interrogating a suspect
- respecting the right to counsel
- respecting the need for due process
Generally for evidence to be considered admissible it must be lawfully obtained
and it must be considered relevant, material, and competent.
The good investigative behavior generally satisfies the lawful obtaining of
evidence.
Lets look at the second three components of the above statement.
relevant evidence -
This means "relating to the material." The evidence must have a tendency to
make the existence of any fact that is of consequence to the determination of the
action more probable or less probable than it would be without the evidence.
material evidence -
The probative weight of the evidence which is reasonably likely to influence the
court in making the determination required to be made.
competent evidence -
Generally this is evidence which is legally obtained.
Continue to Goal #9 - Objective D.
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