HISTORY AND HISTORY AND

DEVELOPMENT OF THE LAW

OF CRIMINAL EVIDENCE

Chapter 1

History of Rule of Evidence

A.Early methods of trial

1. Trial by battle

2. Trial by ordeal

B. Presentment juries

C.Evolution of the petit jury

Magna Carta

A.Early statement of rights

B. King forced to sign in 1215B. King forced to sign in 1215

Habeas Corpus

A.Legal writ to challenge government custody

B. Later incorporated into U.S. Constitution

American Declaration of Independence

(1776)

A.Rejects divine right of kings

B. Recognizes inherent personal freedoms

C.Inalienable rights

D. Consent of the governed

U.S. Constitution

A. Limits and divides government power

B. Criticized for not having list of individual rights

Bill of Rights

A.First Ten Amendments to U.S. Constitution

B. Grants rights to persons against federal government

C.Many later incorporated (made applicable against

states)

Constitutional Rights and the Rules of

Evidence

A. Due process presumption of innocence

B. Sixth Amendment right to public and speedy trial

C. Fifth Amendment right to grand jury and indictment

D. Due process right to fair (but not perfect) trial

E. Sixth Amendment right to counsel

F. Sixth Amendment right to be informed of chargesF. Sixth Amendment right to be informed of charges

G. Sixth Amendment right to compulsory process

H. Fifth Amendment privilege against self-incrimination

I. Sixth Amendment right to confront and cross-examine

J. Fourth Amendment protection against unreasonable searches and seizures

K. Right to an impartial jury