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Flashcards in OVERVIEW Deck (17):
1

Four steps in Evidence analysis. Ask . . .

Is the proceeding criminal or civil?

At which point in the proceeding is the evidence being offered (direct, cross, redirect, etc.)?

What is the purpose for which the evidence being offered?

Is the evidence relevant?

2

CRIM RULES: Prosecution can/cannot introduce reputation evidence of Defendant's bad character to suggest conformity with that bad character?

Cannot

3

CRIM RULES: Defendant is/isn't allowed to present evidence of relevant good character traits to suggest conformity.

Is

4

CRIM RULES: When providing evidence of his relevant good character trait, what sort of evidence may the Defendant offer? Which can he not?

CAN offer reputation evidence

CANNOT offer specific acts

5

CRIM RULES: If Defendant offers good character evidence, is the prosecution permitted to rebut?

Yes

6

CRIM RULES: When is evidence of prior bad acts admissible to show propensity?

To show MIMIC

Motive

Intent

Mistake, absence of

Identity

Common plan or scheme

7

CRIM RULES: At which point is the Defendant's character for truthfulness automatically in issue?

After D testifies for his character for truthfulness.

8

CIVIL RULES: Which two situations allow the Prosecution to present character evidence?

If character is directly in issue; or

If character is an essential element of Prosecution's claim or D's defense

9

CIVIL RULES: If character evidence is offered by Prosecution to show something other than ____, it is generally OK.

Propensity

10

CIVIL RULES: If a party testifies, ____ is automatically in issue.

Character.

11

IMPEACHMENT: Prior inconsistent statements are ordinarily admissible only to impeach. When is it admissible for its truth?

When given under oath at a legal proceeding.

12

IMPEACHMENT: When is evidence of bias or motive to misrepresent admissible? When allowed, can extrinsic evidence be introduced?

Always

Yes

13

IMPEACHMENT: When does the court lack discretion to allow introduction of prior convictions?

When the convictions involves dishonesty or false statements (felony or MD)

14

IMPEACHMENT: When can evidence of prior felony convictions, without dishonest element, be introduced?

When the court elects to let it in

15

IMPEACHMENT: When can a party introduce evidence of specific acts bearing on the witness' truthfulness? What is the restriction?

On cross

No extrinsic evidence if witness denies.

16

IMPEACHMENT: Can extrinsic evidence be introduced for bad reputation for truthfulness? Can specific acts?

Yes

No

17

H/S: Which three hearsay exceptions require unavailability?

Former testimony

Dying declarations

Statement against interest