MCCCD Program Description

Rules of Evidence

Course: AJS201

First Term: 2018 Fall

Lecture 3.0 Credit(s) 3.0 Period(s) 3.0 Load
Subject Type: Occupational
Load Formula: S - Standard Load

Description: A practical insight into the rules of evidence to include how to recognize evidence: the general rules governing admissibility of evidence; the hearsay rule and its exceptions; the use of documentary evidence, written memoranda, photographs, recordings and electronic surveillance; corpus delicti; opinion evidence, circumstantial evidence, evidential privileges.

MCCCD Official Course Competencies
1. Define the term issue within the context of the adversary system. (I) 2. Describe admissible evidence in relation to relevancy. (I) 3. Explain the reason for the exclusionary rule. (I) 4. Describe the function of judge and jury. (I) 5. Identify the criteria used to exclude witnesses. (II) 6. Describe the use of past memory in the examination of witnesses. (II) 7. Describe the use of memoranda for cross-examination of witnesses. (II) 8. Describe the use of maps, diagrams, and models in testifying. (II) 9. Define a leading question. (II) 10. Describe the impeachment of witnesses. (II) 11. Describe expert testimony. (II) 12. Describe opinions permitted to be given by expert and lay witnesses. (III) 13. Define the best evidence rule. (IV) 14. Define the hearsay rule. (V) 15. Describe exceptions to the hearsay rule. (V) 16. Describe the categories of privileged communications. (VI) 17. Describe presumptions. (VII) 18. Explain the rules regarding legally seized evidence related to search and seizure, confessions, identification and electronic surveillance. (VIII) 19. Describe illegally seized evidence. (VIII) 20. Describe scientific evidence. (IX) 21. Define the chain of custody requirement. (IX)
MCCCD Official Course Competencies must be coordinated with the content outline so that each major point in the outline serves one or more competencies. MCCCD faculty retains authority in determining the pedagogical approach, methodology, content sequencing, and assessment metrics for student work. Please see individual course syllabi for additional information, including specific course requirements.

MCCCD Official Course Outline
I. Law of evidence A. Adversary system B. Relevancy C. Exclusionary rule D. Function of judge and jury II. Examination of witnesses A. Witness exclusion B. Past memory recorded C. Memorandum for cross-examination D. Use of models, diagrams, maps, etc. E. Leading questions F. Impeachment of witnesses G. Expert witnesses III. Opinion evidence A. Reasons of opinion rule B. Opinions of experts C. Opinions of lay witnesses IV. The best evidence rule V. Hearsay and the exceptions to the rule A. Definition of hearsay B. Test of truthfulness of exceptions VI. Privileged communications A. Reasons of in evidence rules B. Waiver of the privilege C. Categories 1. Doctor-patient 2. Husband-wife 3. Clergy-confessor 4. Lawyer-client 5. Sexual assault counselors 6. Informants VII. Presumptions A. Conclusive B. Refutable VIII. Legally obtained evidence A. Search and seizures B. Confessions C. Wiretapping ,electronic surveillance and the USA Patriot Act D. Identifications IX. Scientific evidence A. The Daubert Test B. DNA C. Gunshot Residue D. Fingerprints

MCCCD Governing Board Approval Date: May 1, 2018

All information published is subject to change without notice. Every effort has been made to ensure the accuracy of information presented, but based on the dynamic nature of the curricular process, course and program information is subject to change in order to reflect the most current information available.