01:202:205 Lecture Notes - Lecture 9: Post Conviction, Third Enforcement Act, Due Process Clause
20 Aug 2018
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Is circumstantial evidence sufficient to meet burden and convict: yes, but very difficult. To be convicted you don"t need to one hundred percent convince a jury just beyond a reasonable doubt. Jury, prosecutors would rather have real evidence: csi effect- jurors expect to see real evidence due to what they see on tv so it makes it harder for prosecutor. Best evidence: direct evidence is most persuasive, eyewitness testimony is direct evidence, good evidence=probative evidence, quality of evidence sufficient to prove. Establishing the facts: despite tech advances, eyewitness id remains the most widely used. Constitution and id procedures way to identify and prove the guilt of strangers: perps that victims don"t know to admitting evidence of line-ups and show ups until , historically, courts, including the ussc, adopted a hands-off approach. Reliability is the linchpin process challenges could be made: while ussc supported actions in this instance recognized that due have to prove by a preponderance of the evidence.
