Evidence 11-15

Question 1

Voice recordings may be Authenticated by whom?

Answer 1

By anyone who:

Has heard the person speak (either firsthand or electronically);
AND

Identified the recorded person as the speaker.

Priority: Medium

Question 2

What is the Best EvidenceRule?

Answer 2

A party must provide the original document (or a reliable duplicate) when a witness:

Testifies to the contents of a writing; OR

Testifies to knowledge gained solely from a writing.

FRE: Handwritten duplicates are NOT admissible.

CA: Handwritten duplicates ARE admissible.

*In CA, this rule is called the Secondary Evidence Rule.

Priority: HIGH

Question 3

Character Evidence

Character evidence may only be offered as circumstantial evidence to prove propensityin what limited circumstances?

Answer 3

Criminal cases – by defendant OR by prosecution if the defendant “opens the door” (unless in CA only: elder abuse or domestic violence);

Victim’s character(except in rape cases) – to prove defendant’s innocence. (In CA, ONLY violent traits);

Homicide cases – if defendant claims victim was the aggressor, the prosecution may offer evidence of the victim’s character for peacefulness. (NOT IN CA);

Sex offense cases – not admissible, unless exceptions apply.

Civil cases – only if sex offense cases exception applies.

In CA, NO exception for sex offense cases.

Priority: HIGH

Question 4

Character Evidence

Under the FRE, what are the exceptions in Sex Offense Cases that allow character evidence (to prove a victim’s sexual behavior or predisposition) to be admissible?

Answer 4

Civil cases: If its probative value substantially outweighs the danger of harm to the victim and unfair prejudice to any party. (Evidence of the victim’s reputation is admitted only if the victim placed it in controversy).

Criminal cases: If offered to prove the defendant was not involved in the sex crime, to prove consent, if offered by the prosecution, OR if exclusion would violate the defendant’s Constitutional rights.

Priority: HIGH

Question 5

Character Evidence

How may character evidence be proven under FRE and CA rules?

Answer 5

FRE:

On direct examination, by opinion testimony or testimony of the reputation in the community.

On cross examination of the character witness, by opinion, reputation, or specific acts.

CA:

Defendant’s character may only be proven by opinion/reputation, and victim’s character by opinion, reputation, or specific acts.

Priority: HIGH