Useful Links
Law
Evidence and Legal Procedure
Legal Procedures for Evidence
Gathering Evidence
Search and Seizure Laws
Understanding constitutional protections
Fourth Amendment (U.S.) principles
Protection against unreasonable searches
Exceptions to warrant requirements
Consent searches
Emergency situations
Stop and frisk (Terry stops)
Requirements for lawful search warrants
Affidavit support
Particularity in describing the place to be searched
Subpoenas and Warrants
Types of subpoenas
Subpoena duces tecum (for documents)
Subpoena ad testificandum (for testimony)
Process for obtaining warrants
Judicial approval
Probable cause requirement
Compliance and challenging subpoenas
Grounds for quashing or modifying subpoenas
Preservation of Evidence
Maintaining Integrity through Chain of Custody
Importance of detailed records
Documenting each transfer of evidence
Identifying individuals handling the evidence
Storing evidence securely
Proper storage techniques
Avoiding contamination
Avoiding Evidence Spoliation
Definition and consequences
Legal ramifications of destroying evidence
Sanctions and adverse inference
Best practices for evidence preservation
Instituting a litigation hold
Regular audits of evidence management systems
Pre-Trial Procedures
Discovery Process
Types of discoverable material
Interrogatories, requests for production, admissions
Limitations on discovery
Privilege claims
Protective orders
Electronic discovery (e-discovery)
Handling digital evidence
Addressing issues with large data volumes
Deposition
Purpose and strategic value
Gathering witness testimony pre-trial
Cross-examination opportunities
Procedures and rules
Notice and scheduling
Conduct and objections
Motion to Suppress Evidence
Grounds for suppression
Unlawful search and seizure
Violations of defendant’s rights
Process of filing and arguing a motion
Pre-trial hearings
Burden of proof on the moving party
Presentation of Evidence
Opening Statements
Purpose and goals
Roadmap for the jury
Setting the narrative tone
Limitations
Non-argumentative presentation
Relevance to evidence and case issues
Direct Examination
Techniques for eliciting clear testimony
Open-ended questions
Reinforcing important facts
Handling objections
Common objections (leading, hearsay, relevance)
Strategies for overcoming objections
Cross-Examination
Objectives of cross-examination
Challenging credibility
Exposing contradictions
Crafting effective cross-questions
Closed-ended questions
Use of prior statements for impeachment
Closing Arguments
Structure and elements
Emphasizing evidence supporting the case
Addressing weaknesses and refuting opposition
Ethical limitations
Avoiding appeals to emotion
Sticking to presented evidence and reasonable inferences
3. Admissibility of Evidence
First Page
5. Rules of Evidence