Crim Flashcards
IF judicial notice of fact
-Crim: Prosecutor’s burden of production is satisfied
-Civil: Fact is settled
In prosecution of nontruthfulness crime, D’s truthfulness relevant ONLY IF
Gov attacks truthfulness first
How can Gov use specific acts to attack crim D’s truthfulness?
-Allow D’s specific acts allowed on cross
-NO extrinsic evidence of specific acts
How can a party use specific acts to attack witness truthfulness?
-On cross (Ct has discretion to allow)
When is a juror incompetent to testify?
Incompetent:
(1) before the jury on which they are sitting
(2) In post-verdict proceedings as to certain matters occurring during jury deliberations
Can you introduce a present sense impression statement made by an available witness?
Yes
If a statement or part of a statement is introduced . . .
Adverse party can introduce other statement or part of the statement which ought in fairness to be considered at the same time
Can an expert witness respond to a hypothetical?
Yes
14A DPC requirements before Gov can deprive a person of property
Notice and opportunity to be heard before the government
14A DPC requirements to dismiss public employee
Notice and pretermination opportunity to respond
Continued public employment may be a protected property interest IF
There is a clear practice or mutual understanding than an EE can be terminated only for cause
Felony murder elements
(1) Killing during course of felony
(2) Felony independent of killing
(3) Death foreseeable result of felony
Voluntary manslaughter
Killing under adequate provocation
Ways to show CL malice aforethought
(1) intent to kill (“express malice”)
(2) intent to inflict great bodily injury
(3) reckless indifference to unjustifiably high risk to human life
(4) intent to commit felony
Ways to show CL “murder” (not manslaughter)
Malice aforethought OR killing during commission of felony
