Active Outline

General Information

Course ID (CB01A and CB01B)
PARAD090A
Course Title (CB02)
Legal Aspects of Evidence (CP 4)
Course Credit Status
Credit - Degree Applicable
Effective Term
Fall 2023
Course Description
The origin, development, and content of the rules of evidence; kinds of degrees of evidence and rules governing admissibility of evidence.
Faculty Requirements
Course Family
Not Applicable

Course Justification

This course is in a CTE program and is CSU transferable. This course belongs in the Administration of Justice AA degree in Law Enforcement. This course was developed in response to an advisory board recommendation for knowledge of evidence. This course provides students with in-depth knowledge of the origin, development, and content of the rules of evidence. This course is cross-listed.

Foothill Equivalency

Does the course have a Foothill equivalent?
No
Foothill Course ID

Course Philosophy

Formerly Statement

Course Development Options

Basic Skill Status (CB08)
Course is not a basic skills course.
Grade Options
  • Letter Grade
  • Pass/No Pass
Repeat Limit
0

Transferability & Gen. Ed. Options

Transferability
Transferable to CSU only
C-IDArea(s)StatusDetails
AJAdministration of JusticeApprovedC-ID AJ 124

Units and Hours

Summary

Minimum Credit Units
4.0
Maximum Credit Units
4.0

Weekly Student Hours

TypeIn ClassOut of Class
Lecture Hours4.08.0
Laboratory Hours0.00.0

Course Student Hours

Course Duration (Weeks)
12.0
Hours per unit divisor
36.0
Course In-Class (Contact) Hours
Lecture
48.0
Laboratory
0.0
Total
48.0
Course Out-of-Class Hours
Lecture
96.0
Laboratory
0.0
NA
0.0
Total
96.0

Prerequisite(s)

Corequisite(s)

Advisory(ies)

ESL D272. and ESL D273., or ESL D472. and ESL D473., or eligibility for EWRT D001A or EWRT D01AH or ESL D005.

Limitation(s) on Enrollment

(Not open to students with credit in the cross-listed course(s).)

(Also listed as ADMJ D090A.)

Entrance Skill(s)

General Course Statement(s)

Methods of Instruction

Lecture and visual aids

Collaborative learning and small group exercises

Discussion of assigned reading

In-class essays

Assignments

  1. Oral
    1. Preparation for class discussion
    2. Preparation for small group discussion on current course related topics
  2. Writing reports on current course related topics
  3. Reading from text and other references

Methods of Evaluation

  1. Written examinations and final examination testing the students ability to understand the Rules of Evidence, types of evidence and basic trial procedure
  2. Written reports on current and past important case decisions where the student will demonstrate the ability to read and analyze case reports
  3. Oral and written assignments where students will demonstrate the ability to relate the rules of evidence to factual situations.

Essential Student Materials/Essential College Facilities

Essential Student Materials: 
  • None.
Essential College Facilities:
  • None.

Examples of Primary Texts and References

AuthorTitlePublisherDate/EditionISBN
Hails, Judy H. (2014). "Criminal Evidence" 8th Edition. Belmont, CA. Wadsworth Cengage Learning.
Goodman, Chris Chambers (2016). "Examples & Explanations: California Evidence", New York: Wolters Kluwer Law & Business

Examples of Supporting Texts and References

AuthorTitlePublisher
Buckles, Thomas (2003). "Laws of Evidence" Clifton Park, NY: Cengage Delmar Learning.
Rutledge, Devallis. (2007). "Criminal Investigations & Evidence". Boston, MA. Pearson Custom.
Sweetman, Timothy and Sweetman, A. (2000). "Chain of Evidence Workbook." Cengage Publishing.
Bocchino, Anthony J., "A Practical Guide to Federal Evidence" Lexis Nexis 2015
Hunt, Stacey, Sheffer, Ellen "Evidence Management for the Paralegal" (2007) Clifton Park, NY Cengage Delmar Learning
West's California Codes. (2013). "California Evidence Code." St. Paul, MN: West Publishing Company.

Learning Outcomes and Objectives

Course Objectives

  • Trace and discuss the evolution of evidence
  • Identify and differentiate the various types of evidence
  • Identify and describe the key rules of evidence
  • Explain the rules connected with the introduction of evidence at trial
  • Evaluate and apply the rules of evidence to specific case facts
  • Demonstrate an understanding of the chain of custody for any type of evidence
  • Discuss the various procedures available for identifying evidence at trial

CSLOs

  • Explain the legal reasoning for the development of rules of evidence.

  • Analyze a case scenario and demonstrate the proper rules of evidence that apply to that case.

Outline

  1. Trace and discuss the evolution of evidence
    1. Common law rules of evidence
    2. Evolution of evidence
      1. What is evidence?
      2. Proof and burden of proof
      3. Reasons for rules of evidence
      4. The Evidence Code
      5. Application of rules of evidence
  2. Identify and differentiate the various types of evidence
    1. Real Evidence
      1. Defined
      2. Examples
    2. Direct
      1. Defined
      2. Examples
    3. Circumstantial
      1. Defined
      2. Examples
    4. Prejudicial evidence
    5. Character evidence
      1. Manner of proof
      2. Character of victim
    6. Similar or related acts or circumstances
      1. Intent, motive, and knowledge
      2. Common scheme of design
      3. Interconnected offenses
  3. Identify and describe the key rules of evidence
    1. Witness-competency
      1. Definition
      2. Grounds of qualification and disqualification
      3. Analysis of statutory grounds
    2. Privileged communication
      1. Basic statutes - evidence code
      2. Attorney and client
      3. Husband and wife
        1. Nature of privilege
        2. Requirements
        3. Exceptions
      4. Physician and patient
        1. Nature of privilege to not testify against spouse
        2. Requirements and exceptions
      5. Psychotherapist and patient
      6. Priest and penitent
      7. News media
      8. Identity of informer
    3. Self incrimination and non testimonial compulsion
      1. Basic statutes - evidence code
      2. Nature of privilege
      3. Distinction between defendant and witness privilege
      4. Scope of privilege
      5. Granting immunity and effect
      6. What constitutes compulsion to testify
      7. Non testimonial compulsion
    4. The Opinion Rule
      1. Basic statutes - evidence code
      2. Non expert testimony
      3. Expert opinion
      4. Prejudicial evidence
    5. Impeachment
      1. Basic statutes - evidence code
      2. Forms of impeachment
    6. Hearsay
      1. Defined
      2. Dying declaration
      3. Spontaneous or contemporaneous statements
      4. Statements against interest
      5. Mental state
      6. Business records
      7. Official records
      8. Family history
    7. Discovery
      1. What is the right of discovery?
      2. Importance to investigator
      3. Criminal Discovery
        1. Prosecutor's right to obtain evidence from defense
        2. Prosecutor's obligations to turn evidence over to defense
        3. Defendant's rights to obtain prosecutor evidence
        4. Defendant's obligations to turn over evidence to prosecution
      4. Criminal discovery evidence
      5. Right of discovery through preliminary hearing
        1. Fingerprints
        2. DNA
        3. Other forensic tests
      6. Civil discovery
        1. Interrogatories
        2. Depositions
        3. Subpoenas
  4. Explain the rules connected with the introduction of evidence at trial
    1. Introducing evidence at trial
      1. Proper handling and maintaining chain of evidence
      2. Connecting evidence with issues of trial
      3. Tactics to discredit evidence
    2. Documentary evidence
      1. Basic statutes - evidence code
      2. Best evidence rule
      3. Recordings
      4. Official writings
    3. Photographic evidence
      1. Photographs as evidence
      2. Relevancy
      3. Accuracy of representation
      4. Identification
      5. Prejudicial content vs. probative value
    4. Introducing results of scientific tests
      1. Polygraph tests
      2. Ballistic tests
      3. Results of other scientific tests
        1. Approved tests
        2. Unapproved tests
  5. Evaluate and apply the rules of evidence to specific case facts
    1. Homicide case
      1. Proving cause of death
      2. Proving mens rea
      3. Proving defendant's actions
      4. Using DNA evidence
    2. Drug case
      1. Establishing illegal nature of drugs
      2. Establishing defendant's knowledge of illegality
      3. Establishing ownership or possession of drugs
    3. Fraud case
      1. Proving intent
      2. Using electronically stored information
      3. Use of demonstrative evidence such as charts and graphs
  6. Demonstrate an understanding of the chain of custody for any type of evidence
    1. Definition of chain of custody
    2. General requirements
    3. Proving that evidence was not altered
    4. Requirements for documentary evidence
    5. Requirements for real evidence
    6. Requirements for electronically stored evidence
  7. Discuss the various procedures available for identifying evidence at trial
    1. Eyewitness testimony
    2. Expert witness testimony
    3. Judicial notice
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