Evidence Flashcards
(44 cards)
Are the rules of evidence used at grand jury’s?
No, grand jury’s have diminished constitutional expectations.
Inadmissible Evidence
Evidence should be presented for inadmissibility outside the presence of the jury. If that is not possible than the judge shall give curative instructions to the jury.
Are the rules of evidence used in preliminary questions?
No, preliminary questions are ask pre-trial before the judge.
When must the judge hold hearings without the jury?
A judge must hold preliminary hearings without a jury if:
1) it is about the admissibility of a confession
2) criminal defendant is a witness and requests the jury not to hear it
3) interest of justice demands it
Limiting Instructions
When evidence is admitted for specific uses, the judge shall give such instructions to the jury as to the limits they may use the evidence for.
What is the purpose of allowing judges to oversee trial procedures?
1) Allow the judge to promote paths that are effective at discerning the truth
2) avoid wasting the court’s time
3) protect witnesses from harassment or embarrassment
Judicial Notice
Procedures by which the judge can declare that certain facts are true without requiring a formal presentation. These facts should be limited to things that are generally known inside the jurisdiction or that may be easily and accurately determined from reliable sources.
Relevance
Extremely low bar to pass. Any evidence that tends to make a fact of consequence more or less probable.
When can relevant evidence be excluded?
Under rule 403 relevant evidence may be excluded if it is likely to:
1) create unfair prejudice
2) confuse the issue
3) mislead the jury
4) waste the courts time
5) needlessly cumulative evidence
6) hearsay and constitutional protections
7) 403 balancing test: probative value must outweigh the prejudicial factor or cost
General Principles of Authentication
A party offering evidence or documents must first authenticate the evidence by showing it is what it claims to be. This can be done with a prima facia showing and the fact finder will determine the probative value.
Self-Authenticating Evidence
Certain articles are particularly resistant to fraud or forgery. Items that were created prior to the threat of litigation, signed and sealed government documents, certified copies of public records,commercial papers. You may still be required to present a chain of custody showing the links of possession that the documents were in. If the chain is broken then the documents may be excluded.
Competent Lay Testimony
A witness must be competent to be permitted to testify. They must have personal knowledge of the facts, are able to relate those facts tot he jury, and is neither the judge nor a member of the jury. There is a general presumption that a witness is competent. Lay opinions may be rationally based on the witnesses perception, help the jury understand other evidence, and is not based on scientific or technical knowledge that would otherwise mark them as an expert.
Refreshing a witness’s memory
If the witness knew something at the time it happened, but cannot remember it at the time of trial, you may refresh the witness. This is done using an item that will refresh the witness’s memory after demonstrating that the witness did in fact once know the information.
Expert Testimony
An expert may provide expert opinion testimony if:
1) Experts knowledge will help trier of fact understand the evidence or determine a fact
2) testimony is based on sufficient facts or data
3) testimony is based on reliable methods and principles
4) experts are reliably applied these methods and principles
What can expert testimony be used for?
An expert may testify on personal observations, facts and data provided in court or provided to them outside of court. The judge has the final say on the admissibility of expert testimony. It is evaluated using the daubert test.
1) Is their conclusions testable
2) are their methods peer reviewed or a published technique
3) what is the rate of error of their testing
4) do standards and controls exist for the testing
5) what is the degree of the general acceptance of the science
Evidence of Character versus Habit
Generally, character evidence is prohibited to be used to demonstrate that someone acted in conformity with that character. However, evidence that someone conformed to their habits is generally allowed. Habits are regularly performed behaviors where as character is a mental state regarding a person’s nature.
When can character evidence be used?
The defendant may always bring their character into question. Once the defendant opens the door to character discussion then they have opened it for the prosecution as well. In a criminal trial the defendant may bring up the victims character if it is relevant to their defense. The plaintiff or prosecution may bring up the character of the victim for peacefulness.
Proof of motive
Evidence that may be considered character evidence can be submitted for proof of motive. Evidence that a defendant previously committed a crime can be sued as evidence that the defendant was capable of committing the crime. The court should apply a balancing test asking how strong is the evidence in proving the other act, how much time has passed between the previous act and the current one, and the degree of similarity between the other act and the act alleged.
Notice Requirements for character evidence
If the plaintiff or prosecution plans on using character evidence they must give the defendant reasonable notice, state the permitted purpose of using this evidence and the supporting evidence, provide written notice to the court prior to trial.
Using opinion and reputation evidence on direct
Rule 405 permits:
1) testimony about a persons reputation
2) opinion testimony about a person’s character
3) evidence of relevant specific instances of a persons conduct
If reputation evidence is permitted it may proven by reputation or opinion. If it is an essential element of the crime it may be proven using specific instances of conduct.
Cross examination using examples of conduct to prove character
Rule 405 permits opposing council to cross examine the witness about relevant specific instances of conduct.
Use of Settlement Offers in civil disputes
Settlement offers or acceptances, conduct made during negotiations, and statements for the purpose of negotiations are not admissible to prove or disprove the validity of the claim or the amount in question. There must have been knowledge that there is or will be a legal dispute.
Similarly, offers to pay medical expenses resulting from an injury is not permitted to show liability for an injury. Neither are remedial efforts to fix the cause of an injury.
Use of pleas
Generally, guilty pleas later withdrawn, no contest pleas, statements made during plea negotiations that are later withdrawn, statements made to the prosecution with an attorney present that didn’t result in a guilty plea are not permitted to be used as evidence. If these statements were made under oath, on the record, and with coucil present they may be used for perjury or false statement cases.
Impeachment
Impeachment attacks a witness’s tendency for truthfulness. You are allowed to impeach a witness using prior criminal convictions, specific instances of conduct, reputation testimony based on opinions.
