Evidence Flashcards
When may evidence be excluded under rule 403?
relevant evidence can be excluded if its probative value is substantially outweighed by any of the following dangers:
unfair prejudice – evidence tends to encourage the jury to decide the case on improper grounds
confusing the issues – evidence leads the jury to focus on a nonmaterial matter
misleading the jury – evidence creates misconceptions in the jurors’ minds
undue delay or wasting time – presenting the evidence will cause unnecessary delay or waste time
needless cumulation – similar evidence on the same issue has already been admitted
What is the mercy rule and how does it operate?
mercy rule allows a criminal defendant to introduce evidence that his/her character is inconsistent with the crime charged—e.g., a defendant’s character for peacefulness is inconsistent with a charge of battery. But under this rule, the defendant only may do so through:
reputation testimony – testimony by someone sufficiently familiar with the defendant’s reputation among associates or in the community or
opinion testimony – testimony sharing an opinion on the defendant’s character that is based on personal knowledge and familiarity with the defendant.
Are specific instances of conduct admissible to show character of the defendant?
NO
When may the prosecutor ask questions of a character witness about specific incidents?
Questions about specific acts committed by the defendant are permitted because knowledge (or lack thereof) of the defendant’s past behavior goes to the witness’s credibility. But such questions must be asked by the prosecution in good faith. This means that questions based on a hunch will not suffice—even when the hunch proves accurate.
What is MIMIC evidence?
Motive
To show purpose for committing charged crime
Intent
To establish guilty mind or negate good faith
Absence of Mistake
To negate mistake or accident & prove deliberate act
Identity
To connect defendant to crime with unique pattern of behavior (ie, criminal signature)
Common plan or scheme
To show preparation or planning
Other
To show knowledge of crime, opportunity to commit crime, consciousness of guilt, etc.
What are the requirements for testifying to the authenticity of handwriting?
A lay witness with personal knowledge of the claimed author’s handwriting may testify as to whether a document is in that person’s handwriting. But the witness must not have become familiar with the handwriting for the purpose of the litigation. If the witness did so, the witness must be qualified as a handwriting expert.
What must be evaluated for a child to testify?
intelligence
ability to differentiate between truth and falsehood and
understanding of the importance of telling the truth.
When is the best evidence rule implicated?
when a witness is relying on the document while testifying (not seen here) or
when the contents of the document are at issue (e.g., a written agreement in a breach-of-contract dispute, a will in a probate action).
Is there a hearsay exception for acquittals?
There is no exception for judgments of acquittal because they do not establish innocence—they merely establish that the prosecution failed to meet its burden of proof.
When may a prior inconsistent statement be introduced as substantive evidence?
the statement was given under penalty of perjury at a trial, hearing, deposition, or other proceeding and
the declarant testifies and is subject to cross-examination at the current trial.
What evidence may be used to impeach a witness?
A witness can be impeached (i.e., discredited) with evidence of self-interest or bias that may motivate the witness to testify falsely—e.g., benefits received in exchange for testimony. Since such evidence bears on the witness’s credibility, it can be raised on cross-examination or introduced extrinsically through other sources.
May the spouse of a party be excluded from a courtroom?
Yes
Discuss presumptions
If a party destroys evidence, there is a rebuttable presumption that the evidence is adverse to that party. A rebuttable presumption shifts the burden of productions. Federal courts generally follow the bursting bubble approach if couterproof is offered.
May a party bolster a witness’s character for truthfulness prior to that trait being attacked?
No.
A declarant is considered unavailable as a witness when
the declarant lacks memory of the subject matter of the statement
May statements made during a failed plea negotiation be used to impeach the defendant?
No.
Can a printout from a machine be hearsay?
No. Automatic recording by a machine (like a heart rate monitor) is not hearsay because it’s not human.
Is a witness’s juvenile conviction admissible in a civil case to attack a witness’s character?
No.
How may a witness be impeached?
A witness may be impeached (i.e., discredited) by evidence that directly contradicts the witness’s testimony on a material issue. This can be done through both:
intrinsic evidence – testimony elicited from the witness sought to be discredited and
extrinsic evidence – evidence from any source other than the witness’s own testimony.
Explain the rule of completeness
It allows an adverse party to then introduce any other part of that writing or recorded statement (or another writing or recorded statement) that in fairness should be considered at the same time. This rule allows for the admission of statements that are otherwise inadmissible to ensure a fair understanding of the previously admitted statement. But those statements must be explanatory of OR relevant to the previously admitted statement.
