CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 17 Presentation of Evidence Version 5.4 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF CALIFORNIA LAW ENFORCEMENT IN SERVING ITS COMMUNITIES Basic Course Workbook Series Student Materials Learning Domain 17 Presentation of Evidence Version 5.4 © Copyright 2008 California Commission on Peace Officer Standards and Training (POST) All rights reserved. Published 1998 Revised October 2001 Revised January 2006 Revised July 2007 Revised July 2008 Correction May 2015 Revised August 2018 Revised September 2018 This publication may not be reproduced, in whole or in part, in any form or by any means electronic or mechanical or by any information storage and retrieval system now known or hereafter invented, without prior written permission of the California Commission on Peace Officer Standards and Training, with the following exception: California law enforcement or dispatch agencies in the POST program, POST-certified training presenters, and presenters and students of the California basic course instructional system are allowed to copy this publication for non-commercial use. All other individuals, private businesses and corporations, public and private agencies and colleges, professional associations, and non-POST law enforcement agencies in-state or out-of- state may purchase copies of this publication, at cost, from POST as listed below: From POST’s Web Site: www.post.ca.gov Go to Ordering Student Workbooks POST COMMISSIONERS Joyce Dudley – Chair District Attorney Santa Barbara County Rick Braziel – Vice Chair Educator Humboldt State University Lai Lai Bui Sergeant Sacramento Police Department Thomas Chaplin Chief Walnut Creek Police Department Richard DeLaRosa Mayor City of Colton Robert Doyle Sheriff Marin County Barry Donelan Sergeant Oakland Police Department Robert Doyle Sheriff Marin County Geoff Long Public Member John McMahon Sheriff San Bernardino County Jethroe Moore, II Public Member James O’Rourke Officer California Highway Patrol Batine Ramirez Sergeant Placer County Sheriff’s Department Laurie Smith Sheriff Santa Clara County Walter Vasquez Chief La Mesa Police Department Kevin Gardner Chief Representing Xavier Beccera Director of Division of Law Enforcement Attorney General Ex-Officio Member THE ACADEMY TRAINING MISSION The primary mission of basic training is to prepare students mentally, morally, and physically to advance into a field training program, assume the responsibilities, and execute the duties of a peace officer in society. FOREWORD The California Commission on Peace Officer Standards and Training sincerely appreciates the efforts of the many curriculum consultants, academy instructors, directors and coordinators who contributed to the development of this workbook. We must also thank the California law enforcement agency executives who allowed their personnel to participate in the development of these training materials. This student workbook is part of the POST Basic Course Training System. The workbook component of this system provides a self-study document for every learning domain in the Basic Course. Each workbook is intended to be a supplement to, not a substitute for, classroom instruction. The objective of the system is to improve academy student learning and information retention and ultimately contribute to you becoming a peace officer committed to safety, and to the communities you will serve. The content of each workbook is organized into sequenced learning modules to meet requirements as prescribed both by California law and the POST Training and Testing Specifications for the Basic Course. It is our hope that the collective wisdom and experience of all who contributed to this workbook will help you, the student, to successfully complete the Basic Course and to enjoy a safe and rewarding career as a peace officer. MANUEL ALVAREZ, Jr. Executive Director LD 17: Presentation of Evidence Table of Contents Topic See Page Preface iii Introduction iii How to Use the Workbook iv Chapter 1: The Rules of Evidence 1-1 Overview 1-1 Relevance 1-3 Types of Evidence 1-5 Authentication of Evidence 1-6 Chain of Custody 1-7 Chapter Synopsis 1-10 Workbook Learning Activities 1-11 Chapter 2: Admissibility of Evidence 2-1 Overview 2-1 Evidence Code 352 2-3 Exclusionary Rule 2-4 Opinion and Expert Testimony 2-5 Privilege 2-7 Credibility of Witnesses 2-8 Hearsay Rule 2-10 Spontaneous Statements 2-11 Admissions and Confessions 2-12 Dying Declarations 2-14 Records and Officer Testimony 2-16 Chapter Synopsis 2-24 Workbook Learning Activities 2-26 Continued on next page LD 17: Presentation of Evidence i Table of Contents, Continued Topic See Page Chapter 3: Courtroom Testimony 3-1 Overview 3-1 Preparing for Court Testimony 3-3 Testifying in Court 3-9 Chapter Synopsis 3-23 Workbook Learning Activities 3-25 Glossary G-1 ii LD 17: Presentation of Evidence Preface Introduction Student The student workbooks are part of the POST Basic Course Instructional workbooks System. This system is designed to provide students with a self-study document to be used in preparation for classroom training. Regular Basic Completion of the Regular Basic Course is required, prior to exercising peace Course officer powers, as recognized in the California Penal Code and where the training POST-required standard is the POST Regular Basic Course. requirement Student The following elements are included in each workbook: workbook elements • chapter contents, including a synopsis of key points, • supplementary material, and • a glossary of terms used in this workbook. LD 17: Presentation of Evidence iii How to Use the Student Workbook Introduction This workbook identifies training requirements for this Learning Domain. You may use the workbook in several ways: for initial learning, for test preparation, and for remedial training. Workbook To use the workbook most effectively, follow the steps listed below. format Step Action 1 Begin by reading the: Preface and How to Use the Workbook, which provide an overview of how the workbook fits into the POST Instructional System and how it should be used. 2 Refer to the Chapter Synopsis section at the end of each chapter to review the key points that support the chapter objectives. 3 Read the text. 4 Complete the Workbook Learning Activities at the end of each chapter. These activities reinforce the material taught in the chapter. 5 Refer to the Glossary section for a definition of important terms. The terms appear throughout the text and are bolded and underlined the first time they appear (e.g., term). iv LD 17: Presentation of Evidence Chapter 1 Rules of Evidence Overview Learning need Peace officers must know the rules of evidence as they pertain to relevancy, types of evidence, authentication and the chain of custody. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to... ID • recognize relevance as it pertains to the admissibility of 17.01.8 evidence. • identify four types of evidence: 17.01.9 - testimonial, - real, - demonstrative, and - circumstantial. • recognize the process of authentication of evidence. 17.01.10 • understand what constitutes the legal chain of custody for 17.01.11 evidence. LD 17: Chapter 1 – Rules of Evidence 1-1 Overview, Continued In this chapter This chapter focuses on identifying the criteria and rules governing the admission and exclusion of evidence in the criminal trial. It also covers the subpoena process required to obtain admissible evidence. Refer to the chart below for a specific topic. Topic See Page Relevance 1-3 Types of Evidence 1-5 Authentication of Evidence 1-6 Chain of Custody 1-7 Chapter Synopsis 1-10 Workbook Learning Activities 1-11 1-2 LD 17: Chapter 1 – Rules of Evidence Relevance Introduction Evidence that is admissible in court is subject to a set of rules designed to protect jurors from being misled, to protect constitutional rights, and to ensure a speedy trial. The rules of evidence help the court system operate in a fair and equitable manner. Community The right to present evidence to an impartial judge or jury in a court of law is a policing fundamental part of the American criminal justice system. It is a constitutionally guaranteed right for criminal defendants. The saying “to have your day in court” means that anyone accused of a crime has the right to present evidence on their behalf during a fair and impartial hearing. Laws of evidence restrictions are placed on government to guard against unwarranted intrusions into the private lives of community members. Some people say that these restrictions put too much constraint on the criminal justice system and often allow criminals to go free. Others say that this is part of the price we pay to ensure freedom. Regardless of your beliefs in this matter, these restrictions are the law of the land and you have a duty to abide by them. Purpose The main purpose of the rules of evidence is to protect the jury from seeing or of the hearing evidence that is irrelevant, unreliable, or unfairly prejudicial. rules of evidence The court follows rules of evidence that establish a set of standards that evidence must meet. Compliance with these rules enhances the ability to enforce the law and achieve convictions. Another purpose of the rules of evidence is to expedite a trial. The judge can decide to exclude evidence if its ability to provide proof is substantially outweighed by the undue consumption of time it will take to hear it (Evidence Code Section 352). Continued on next page LD 17: Chapter 1 – Rules of Evidence 1-3 Relevance, Continued Definition Relevant evidence means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.