Relevancy
—Relevant Evidence has any tendency to prove or disprove a disputed fact in a case. —
Relevancy is the first test for the admissibility of evidence.
Motive:
§ §The moving cause or reason why a crime is committed.
§Motive isn’t required as part of the corpus delicti of a crime. However, motive is relevant when proving:
Specific intent (premeditation / aforethought). General intent (maliciously). Enhancements (hate / gang crimes.
Capacity:
One’s mental ability to form criminal intent or understand a duty imposed by law.
Children under 14 years: presumed (rebuttable )incapable of committing a crime in absence of clear proof he/she knew the wrongfulness of one’s act (See text for examples).
Persons Who Are Mentally Incapacitated: is a person without mentality and lacks the ability to form criminal intent or understand a duty imposed by law.
Voluntary Intoxication: includes the voluntary ingestion, injection, or taking by any other means of any intoxicating liquor, drug, or other substance. Persons who are voluntarily intoxicated are still legally responsible for their actions. (See text for examples). Note: can be used as a mitigating factor when determining whether or not the defendant actually formed a required specific intent when charged with murder. Cannot be used as a defense to the crime.
Unconscious of the Act: includes cases where the defendant was involuntarily intoxicated, suffering the effects of disease, delirium, fever, head injury, epilepsy, postpartum psychosis, or somnambulism (sleep walking) when a crime occurred. (See text for examples).
Ignorance or Mistake of Fact: person who commit a criminal act out of ignorance of the law or mistake of fact can be judged not criminally responsible for their actions.
Special knowledge of location of valuables, safe combination, etc. Possessing tools or other instrumentalities.
Threats or Expressions of Ill Will by the Accused: this area includes verbal or written threats communicated to the victim or others, whether prior to, during, or after the crime.
Means for Committing the Offense: this area includes possessing the fruits of a crime, instrumentalities of a crime, and contraband (FICE). Also, writings related to the crime (See text for examples).
Motive:
§ §The moving cause or reason why a crime is committed.
§Motive isn’t required as part of the corpus delicti of a crime. However, motive is relevant when proving:
Specific intent (premeditation / aforethought). General intent (maliciously). Enhancements (hate / gang crimes.
Capacity:
One’s mental ability to form criminal intent or understand a duty imposed by law.
Children under 14 years: presumed (rebuttable )incapable of committing a crime in absence of clear proof he/she knew the wrongfulness of one’s act (See text for examples).
Persons Who Are Mentally Incapacitated: is a person without mentality and lacks the ability to form criminal intent or understand a duty imposed by law.
Voluntary Intoxication: includes the voluntary ingestion, injection, or taking by any other means of any intoxicating liquor, drug, or other substance. Persons who are voluntarily intoxicated are still legally responsible for their actions. (See text for examples). Note: can be used as a mitigating factor when determining whether or not the defendant actually formed a required specific intent when charged with murder. Cannot be used as a defense to the crime.
Unconscious of the Act: includes cases where the defendant was involuntarily intoxicated, suffering the effects of disease, delirium, fever, head injury, epilepsy, postpartum psychosis, or somnambulism (sleep walking) when a crime occurred. (See text for examples).
Ignorance or Mistake of Fact: person who commit a criminal act out of ignorance of the law or mistake of fact can be judged not criminally responsible for their actions.
Special knowledge of location of valuables, safe combination, etc. Possessing tools or other instrumentalities.
Threats or Expressions of Ill Will by the Accused: this area includes verbal or written threats communicated to the victim or others, whether prior to, during, or after the crime.
Means for Committing the Offense: this area includes possessing the fruits of a crime, instrumentalities of a crime, and contraband (FICE). Also, writings related to the crime (See text for examples).
| aj3_chp_6a.ppt |
