Evidence Flashcards
(16 cards)
Evidence General Law Statement
Under the Federal Rules of Evidence, testimony and physical evidence will be admissible as long as it is deemed RELEVANT, not excluded by a recognized PRIVILEGE, and as long as the PROBATIVE VALUE is not outweighed by any prejudicial effect. And if offered to impeach, deemed a PROPER IMPEACHMENT.
Relevancy
Makes a material issue either more or less probable
What falls into the relevancy net?
- Character evidence
- Habit evidence
- Rape shield
- MIMIC
- Lay witness testimony
- Experts
- Scientific evidence
- Child testimony
- Judicial Notice
Character Evidence
GR: Character evidence is inadmissible to prove that someone acted in conformity with that character or trait of character.
Habit Evidence
GR:
Exceptions to introduce character Evidence
(1) Defendant in criminal session can introduce their character
(2) on rebuttal by DA (once 1 happens)
(3) If claiming self-defense: character of the victim (usually dead) to show self-defense reasonable.
Civil case: if character is in ISSUE
Hearsay
OCS offered for the truth of the matter asserted.
Double Hearsay
Each level of hearsay must have a recognized exception.
Ex: (1) the report which contained (2) a statement
What is Non-Hearsay under Rule 801(d)
- Statements of Identification. The declarant must be unavailable.
- Opposing Party’s Statement of Admission (offered against that party).
- Inconsistent statements to impeach (testifying witness)
- Consistent statement to rebut/rehabilitate (after impeachment)
What is considered PROPER IMPEACHMENT?
- Bias (family, romantic, friendship or financial relationship, or witness for DA & pending indictment
-Defects in testimonial facilities (poor memory, eyesight, or hearing).
- Prior inconsistent statements
- Prior convictions
Felony w/in 10 years
Crimes involving dishonest (perjury, fraud) w/in 10 years - Reputation or Opinion Testimony
- cannot use a lack of religious belief or belief in God.
EXCEPTIONS TO HEARSAY- Declarant Unavailability is Required
- Former Testimony (deposition)
- Dying Declarations (declarant believes death is imminent)
- Statement against interest (contrary to declarant’s proprietary or pecuniary interests)
- Statement of family history (declarant’s own birth, adoption, legitimacy, marriage, divorce).
Lay Witness Testimony
sworn and based on their personal observations and perceptions
Ex: speed of car, sobriety
Scientific Evidence (Rule 702)
Sufficient facts and data, helpful to the trier of fact, MUST be reliable (Daubert Std)
Can prior crimes, bad acts, or wrongs be admitted as relevant character evidence?
Yes, may be admitted for the limited purpose of proving plan, preparation - and general signature of the crime - modus operandi. (serial rapist, serial killer), as long as its probative value is not outweighed by any prejudicial effect.
Character as to IMPEACHMENT (after testified). What are the three-hole punchers?
(1) Reputation and opinion for untruthfulness
(2) Convictions of Crimes - 10yr felony
(3) Crimes involving dishonesty - felony or misdemeanor. (perjury) w/in 10 years.
MUST ALWAYS weigh probative value against any prejudical effect.
SUBJECT TO A PRIVILEGE?
- Spousal Testimonial Privilege (right not to testify against spouse in Criminal Session)
- Marital Communication Privilege (private communications during marriage)
- Attorney/client privilege
- Work Product Privilege
- Clergy Privilege
- Doctor/Patient Privilege
- Rape Counselor/ Victim
- Social Worker/ Client
- Tax/ Accountant
