Illinois differences Flashcards
When may a Prior inconsistent statement be used to impeach?
Only in criminal cases.
What is considered a prior inconsistent statement for impeachment purposes?
Any written signed statements or any statements given under oath.
What prior convictions can you use to impeach?
Any felony or misdemeanor involving deceit or false statements. NO 10 year limitation.
When may you ask about specific acts of lying or deceit?
NEVER IN ILLINOIS as an impeachment technique.
Can you use a prior consistent statement to rebut others’ claims that you’re deceitful? Does it come in as truth if under oath?
Yes, can use prior consistent statements, but only to CORROBORATE. They DO NOT come in as truth.
When is the spousal immunity privilege triggered?
NEVER. Spousal immunity does NOT exist in IL. Too many gangsters’ wives that need to be subpoenaed!
When is the confidential marital communications privilege triggered?
- Marriage at time of protected communication
- Protects ONLY confidences.
Both spouses hold privilege.-Same as federal.
What is an admission of a party considered?
An exception to hearsay. (oppose to “nonhearsay”)
When may you use the Dying Declaration exception?
ONLY in homicide cases.
When can you use the Present Sense Impression Exception?
NEVER in IL!
What may a doctor under the Past Physical Condition exception testify about?
ONLY regarding the diagnosis for the purposes of getting treatment. NOT for opinions in court.
What type of public records are unavailable as evidence in IL?
Police records
