Evidence Flashcards
juror testify?
A juror cannot testify as to the mental processes that he or any other juror used in arriving at a verdict, even when those mental processes reflect a misunderstanding of the law.
the limitation on a juror testifying as a witness before the other jurors only applies during the trial, and not after it has concluded.
Extrinsic evidence of the prior inconsistent statement ?
Extrinsic evidence of the prior inconsistent statement used to impeach a witness’s credibility may be admitted only if the witness is given an opportunity to explain or deny the statement and the opposing party is given the opportunity to examine the witness about it.
Hearsay- exception of exception
The officer’s notes are not admissible under the hearsay exception for public records under Federal Rule of Evidence 803(8) because the rule specifically exempts statements by law enforcement personnel when offered in a criminal case.
Dead Man’s Statute evidence
A dead man’s statute, also known as a dead man act or dead man’s rule, is a statute designed to prevent perjury in a civil case by prohibiting a witness who is an interested party from testifying about communications or transactions with a deceased person (a “decedent”) against the decedent unless there is a waiver.
Authentication of reproductions (e.g., photographs, diagrams, maps, movies) + witnesses with a personal knowledge of the reproduction (anyone)
All tangible evidence must be authenticated. To authenticate an item, the proponent must produce sufficient evidence to support a finding that the thing is what its proponent claims it is. When reproductions (e.g., photographs, diagrams, maps, movies) are introduced into evidence, they may be authenticated by the testimony of a witness with personal knowledge that the object accurately depicts what its proponent claims it does.
exclusion of a witness from the courtroom
At a party’s request, the court must order the exclusion of a witness from the courtroom so that the party cannot hear the testimony of the other witnesses, unless an exception applies.
There is an exception for an officer or employee of a party who is not a natural person, and this exception has frequently been applied to the police officer in charge of investigating a criminal case.
Character evidence
Evidence of a person’s character (or character trait) generally is inadmissible to prove that the person acted in accordance with that character (or character trait) on a particular occasion. Character evidence is admissible if it is an essential element of a claim, such as in the case of negligent hiring, child molestation etc.
A statement offered as circumstantial evidence of the declarant’s mental state is admissible as nonhearsay
A statement offered as circumstantial evidence of the declarant’s mental state is admissible as nonhearsay
A specific instance of conduct, if used to impeach the credibility of a testifying witness, may not be proved by the introduction of extrinsic evidence.
A specific instance of conduct, if used to impeach the credibility of a testifying witness, may not be proved by the introduction of extrinsic evidence.
Even though a judge has decided that evidence, such as a confession, is admissible, a party may nevertheless introduce other evidence that is relevant to the weight and credibility of the admitted evidence.
Even though a judge has decided that evidence, such as a confession, is admissible, a party may nevertheless introduce other evidence that is relevant to the weight and credibility of the admitted evidence.
When the relevance of evidence depends upon whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.
When the relevance of evidence depends upon whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.
homicide- dying declaration hearsay is ok
if it’s a civil case- dying declaration hearsay is ok
but if it’s an attempted murder trial in crim case- not admissible as dying declaration hearsay only HOMICIDE
A dying declaration only qualifies as a hearsay exception if (i) the statement is made by an individual who believes she is dying, (ii) the individual believes that her death is imminent, and (iii) the statement pertains to the cause or circumstance of her death
witness’s juvenile adjudication
A criminal defendant may impeach a witness by introducing evidence of a witness’s juvenile adjudication to show motive to lie or bias. (Note: A criminal defendant may also impeach a witness’s character for truthfulness with the witness’s juvenile adjudication when an adult’s conviction for the offense would be admissible to attack the adult’s credibility and admitting the evidence is necessary to fairly determine guilt or innocence.
Defendant in a criminal case who testifies on his own behalf may not be impeached by a juvenile adjudication to show that the defendant is untruthful.
When, on cross-examination, a witness denies a specific instance of conduct, extrinsic evidence is not admissible
When, on cross-examination, a witness denies a specific instance of conduct, extrinsic evidence is not admissible to prove that instance in order to attack or support the witness’s character for truthfulness. This prohibition also bars references to any consequences that a witness may have suffered because of the conduct, except for criminal convictions.
In determining a preliminary question, such as the existence of a privilege, although the court is not generally bound by the rules of evidence, the court cannot consider privileged evidence.
In determining a preliminary question, such as the existence of a privilege, although the court is not generally bound by the rules of evidence, the court cannot consider privileged evidence.
