Criminal Evidence
Evidence – Means, Mode, or Manner to Ascertain the Truth about a Matter of Fact in a Judicial Proceeding.
Essential Parts of the Legal Definition of Evidence:
WHAT: 3M – Means, Mode or Manner
WHY: ATF – to ascertain the truth about a matter of fact
WHERE: J – in a Judicial Proceeding
- it is a medium or means by which a fact is proved or disproved.
Proof – RESULT, EFFECT or PERFECTION of an evidence. - result of a PROBATIVE EFFECT of evidence. - it is the perfection of evidence.
FACTUM PROPANDUM:
* Ultimate Fact – fact ought to be established * PROPOSITION * HYPOTHETICAL – one party affirms and the other denies.
FACTUM PROBANS:
* PROBATIVE or EVIDENCIARY fact – fact that Factum Propandum establishes * Material that established Propositions * A Reality – to convince the tribunal that the fact is real.
Law of Evidence – Probative Law
- new rules may validly be made applicable to cases pending at the time of such change, as the parties to an action have NO VESTED RIGHT IN THE RULES OF EVIDENCE.
- RETROACTIVE APPLICATION OF THE AMENDATORY LAW would be UNCONSTITUTIONAL for being “EXPOST FACTO”
PUROPSES OF EVIDENCE LAW: 1. Further accurate fact-finding 2. Control the scope and duration of trials 3. Favor or Disfavor litigants or claim 4. Protect Private relations 5. Insure due process and a perception of fairness
-RULE OF EVIDENCE are specifically applicable only in JUDICIAL PROCEEDINGS.
- in QUASI-JUDICIAL proceedings, rule of Evidence are applied by ANALOGY or SUPPLEMENTARY
Uniformity Rule – Rule of evidence shall be THE SAME in all courts, trials, and hearings.
No Plea Bargaining or Pre-making in drug cases
Rules of Admissibility – are in general the same for the trial of Civil and of Criminal cases.
REASONS FOR THE UNIFORMITY OF RULES:
1. RELATION bet. The evidentiary fact and a particular proposition is ALWAYS THE SAME w/o regard to the kind of litigations
2.
Essential Parts of the Legal Definition of Evidence:
WHAT: 3M – Means, Mode or Manner
WHY: ATF – to ascertain the truth about a matter of fact
WHERE: J – in a Judicial Proceeding
- it is a medium or means by which a fact is proved or disproved.
Proof – RESULT, EFFECT or PERFECTION of an evidence. - result of a PROBATIVE EFFECT of evidence. - it is the perfection of evidence.
FACTUM PROPANDUM:
* Ultimate Fact – fact ought to be established * PROPOSITION * HYPOTHETICAL – one party affirms and the other denies.
FACTUM PROBANS:
* PROBATIVE or EVIDENCIARY fact – fact that Factum Propandum establishes * Material that established Propositions * A Reality – to convince the tribunal that the fact is real.
Law of Evidence – Probative Law
- new rules may validly be made applicable to cases pending at the time of such change, as the parties to an action have NO VESTED RIGHT IN THE RULES OF EVIDENCE.
- RETROACTIVE APPLICATION OF THE AMENDATORY LAW would be UNCONSTITUTIONAL for being “EXPOST FACTO”
PUROPSES OF EVIDENCE LAW: 1. Further accurate fact-finding 2. Control the scope and duration of trials 3. Favor or Disfavor litigants or claim 4. Protect Private relations 5. Insure due process and a perception of fairness
-RULE OF EVIDENCE are specifically applicable only in JUDICIAL PROCEEDINGS.
- in QUASI-JUDICIAL proceedings, rule of Evidence are applied by ANALOGY or SUPPLEMENTARY
Uniformity Rule – Rule of evidence shall be THE SAME in all courts, trials, and hearings.
No Plea Bargaining or Pre-making in drug cases
Rules of Admissibility – are in general the same for the trial of Civil and of Criminal cases.
REASONS FOR THE UNIFORMITY OF RULES:
1. RELATION bet. The evidentiary fact and a particular proposition is ALWAYS THE SAME w/o regard to the kind of litigations
2.