Evidence Flashcards
Confrontation clause
Even if a statement falls within a H exception, it must not violate th confrontation clause. A statement wwill usually violate the confrontation clause if it is testimonial and the W is unavaialble at trial or the defendant did not have the opportuinity to previously cross examine the W. When the W is unavailable at trial and the defendant did not have the opportuinity to previously crossexamine the W, the evidence will violate the confrontation clause if it is testimonial. Evidence is testimonial if it is used to help a PO investigation or the W reasonably believes that the statement will be used at trial. If the primary purpose of W’s statement is to render assistance during an ongoing emergency , then such statement does not violate the confrontation clause.
Ongoing Emergency
The michigan v. Bryant test to see if there is an ongoing emergency looks at numerous factors, including:
- the nature of the dispute
- the scope of potential harm to the victim
- harm to other possible victims
- threat to the public at large
- defendant’s weapon
- whether the suspect remained at large or has been identified.
Evidence of crimes for non-propensity purposes
Evidence of crimes may be admitted for non-propensity purposes such as motive, opportuinity, intent, knowledge, plan, preparation, identity, absence of mistake, or lack of accident.
Relevant
E is relevant is it makes a fact more or less probable than it would have been without the introduction of the evidence and the evidence should be of consequence to determinign the action (material).
Lay opinion testimony
Lay opuinion testimony is allowed if:
1.rationally based on the witness’s preception 2. helpful to understanding the witness’s testimony or a fact at issue and 3. not based on any scientific, technical, or other specialized knowledge.
Expert testimony
The xpert’s scientific technical or other specialized knowkledge will help the trier of fact determine a fact at issue 2.testimony is based on sufficient facts and data 3.testimony is a product of reliable principles and methods. 4. Testimony reliably applies those principles and methods.
Business record exception
Business record exceptiion is an exception to H. Must be a recors of an act, event or condition made by someone with personal knowledge during the course of a regularly conducted business activity and the making of the record must be a regular practice of that activity.
Physician-patient priveledge
Disclosures made by the patient to the physician are privledged unless the patient places his medical condition at issue ex. person injury suit.
Habit Evidence
Habit E is a admissible to show that the person acted in accordance with the habit. habit is a person’ consistent response to a specific situation. The response is semiautomatic
Best evidence rule
BER applies when a party wants to prove material terms of a writing or a W wants rely on a writing while testifying. The “original writing” which includes photocopies must be produced. Copies and oral testiomny about the writing’s contents will be admissible only if the origional is unavailable for some reason other than the proponents misconduct.
present sense impression
Person’s impression of an event as they perceive it or immediately after.
Recoded recollection
RR is something 1. the witness onece had knowledge of but 2.cannot remember now 2.recording was made when the information was fresh in the W’s mind. Recording acurately reflects the W’s knowledge.
