Evidence

Question 1

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CA Prop 8

Answer 1

Under Prop 8 of the California Constitution, any evidence that is relevant can be admitted in a criminal case.

However, Prop 8 makes an exception for balancing which gives a court discretion in excluding relevant evidence if its PV is substantially outweighed by the risk of unfair prejudice, confusion of issues, or misleading the jury.

Question 2

Spousal Immunity

Answer 2

Rule - Spousal immunity prohibits a spouse from being compelled to testify against their spouse in criminal proceeding.

Only applies during the marriage

Held by the witness-spouse, cannot be asserted by the defendent spouse to prevent witness spouse from testifying

Question 3

Confidential Marital Communications

Answer 3

Rule - The confidential marital communications privilege protects communications made between spouses in confidence during their marriage.

Extends beyond end of marriage

Held by both spouses

Question 4

Non-Hearsay Uses

Very Effective Causes

Answer 4

1. Verbal acts or legally operative language
2. Effect on listener
3. Circumstantial evidence of state of mind

Question 5

Definitional Non-Hearsay

Peter Piper Picked Admissions

Answer 5

1. Prior inconsistent statements
2. Prior consistent statements
3. Prior statements of identification
4. Admissions of party opponent - party’s own statement, adoptive admission, vicarious admission, co-conspirators

Question 6

Exceptions for Unavailable Declarants

For Dey Scared For Safety

Answer 6

1. Former testimony
2. Dying declaration
3. Statements against interest
4. Statements of personal or family history
5. Forfeiture of misconduct

Question 7

Hearsay Exceptions Regardless of Dt Availability

First Pigeon Entering This Subway Possesses Broken Pigeon Legs Judy

Answer 7

1. Final judgment of conviction
2. Present sense impression
3. Excited utterance
4. Then existing state of mind
5. Statements made for medical diagnosis or treatment
6. Past recollection recorded
7. Business Record
8. Public record
9. Learned treatises
10. Judgment of previous conviction