Evidence

Question 1

Experts

Answer 1

Four factors for reliability:

Testability of theory/technique

Subject to peer review and publication

Known/potential rate of error

Whether methodology is generally accepted in the scientific community

Question 2

Credibility

Answer 2

Cannot be established until it is attacked.

Four methods to attack credibility of witnesses by impeachment:

1. Prior convictions
2. Bias, interest, corruption → only against a party, not in general.
3. Prior contradictory statement
4. Bad rep. for truth and veracity → only gen. reputation in community as to truth.

Question 3

Credibility - Prior Convictions

Answer 3

Prior convictions (“bad acts”) → any crime, any time.

Witness subjects self to Q’s about all convictions on cross-examination.

Question 4

Exclusion of Witnesses

Answer 4

Court may sequester witnesses, but cannot sequester:

a party/rep

essential witness (i.e., expert)

victim/family.

Question 5

Relevancy - Defined

Answer 5

Relevancy means having a tendency to make the existence of a fact more or less probable. (“move your mind off dead center”)

• Probative balancing test → probative worth v. prejudicial effect.

Question 6

Character Evidence

Answer 6

Usually inadmissible to prove D acted in conformity therewith, but there are two exceptions (only general reputation may be offered)

1. Criminal D’s character → state can rebut only if D puts on character evidence “opens the door”. State may cross-examine witnesses to see if they know of specific bad acts.
2. Victim’s character → only if D shows hostile demonstration or overt act by victim @ time of offense.

Specific bad acts not admissible for character evidence, but admissible to show KIPPOMIA.

• knowledge, intent, preparation, plan, opportunity, motive, identity, absence of mistake or accident

Question 7

Hearsay - Defined

Answer 7

An out-of-court statement offered to prove the truth of the matter asserted.

Question 8

Privileges

Answer 8

Attorney-Client → may not disclose confidential communications between lawyer and client made in furtherance of obtaining legal advice.

Spousal →

1. Spouses not allowed to testify about confidential communication made during marriage to one another. (applies even after marriage)
2. Neither husband nor wife can be compelled to be a witness against the other (ends at divorce)

Doctor-Patient

Question 9

Authentication

Answer 9

Documents should be what they purport to be – we make sure of this through authentication.

• Authentication is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims it is.