Test

Question 1

Rule 404

Answer 1

In a general sense, character traits are not admissible to show conformity with that character

Question 2

What are the three ways to attack or address truthfulness?

Answer 2

1) Cross-examination about specific instances suggesting a character for untruthfulness
2) Present a character witness who offers reputation or opinion testimony about the fact witness’s character for untruthfulness
3) Offer extrinsic evidence of prior criminal convictions under Rule 609

Question 3

4 limitations on ability to ask questions about truthfulness

Answer 3

1. Has to be through cross, cannot direct on truthfulness character unless on redirect
2. Have to be of probative nature on the character for truthfulness or untruthfulness
3. Court has power to exercise discretion under 403 and limit questioning
4. No extrinsic evidence

Question 4

For a crime that was punishable by death or by imprisonment for more than one year, the evidence:

Answer 4

a) Must be admitted subject to rule 403 in a civil case or criminal case in which the witness is not a Defendant
b) Must be admitted in a criminal case if the witness is a Defendant if the probative value of the evidence outweighs its prejudicial effect to that Defendant

Question 5

When prejudicial effect is substantially less than probative value:

Answer 5

Admits evidence regardless

Question 6

When prejudicial effect is somewhat less than probative value:

Answer 6

admittable except in cases where more than 10 years have passed since the witness’s conviction or release from confinement

Question 7

When prejudicial effect equals probative value:

Answer 7

Admitted except in a criminal case in which the witness is a Defendant or any conviction for which 10 years has passed since the conviction or release from conviction

Question 8

When prejudicial effect somewhat outweighs probative value:

Answer 8

Admitted except in a criminal case in which the witness is a Defendant or any conviction for which 10 years has passed since the conviction or release from conviction

Question 9

When prejudicial effect substantially outweighs probative value:

Answer 9

excluded no matter what

Question 10

When the witness has obtained a pardon, annulment, or certificate of rehabilitation for the prior conviction, is prior conviction admissible to impeach?

Answer 10

If the witness has been convicted of a subsequent felony and the pardon was not based on a finding of innocence, the prior conviction is admissible to impeach.

Question 11

Is evidence of a juvenile adjudication admissible under what circumstances?

Answer 11

1. It is offered in a criminal case
2. The adjudication was of a witness other than the Defendant
3. An adult’s conviction for that offense would be admissible to attack the adult’s credibility, and
4. Admitting the evidence is necessary to fairly determine guilt or innocence