Evidence

Question 1

FRE 410 (a)

Answer 1

Federal Rule of Evidence 410(a) provides that “a statement made during a proceeding” on a guilty plea is “not admissible against the defendant” in a civil or criminal case if the guilty plea “was later withdrawn.”

Question 2

Relevance

Answer 2

Evidence is relevant if it “has any tendency to make a fact more or less probable than it would be without the evidence.” Fed. R. Evid. 401

Question 3

Rule 404 (b)

Answer 3

Rule 404(b) prohibits the use of evidence of “any other crime, wrong, or act” to prove character (or propensity), when the purpose is only to show that some other action was in conformity with a person’s alleged “character” or propensity. Fed. R. Evid. 404(b).
However, Rule 404(b) expressly does not prohibit evidence of prior bad conduct if the evidence is admitted “for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.”

Question 4

Rule 403

Answer 4

Evidence of Defendant’s prior voyeurism could still be excluded under Rule 403 “if its probative value is substantially outweighed by a danger of . . . unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.”

Question 5

Hearsay

Answer 5

Hearsay is an out-of-court statement offered to prove the truth of the matter stated. Fed. R. Evid. 801(c).
Hearsay is not admissible in federal court unless admission is specifically authorized by the rules of evidence, by federal statute, or by other rules prescribed by the Supreme Court.

Question 6

Former testimony exception

Answer 6

A declarant’s hearsay statement can be admitted under the former-testimony exception if three requirements are satisfied. First, the declarant must be “unavailable as a witness” in the trial or proceeding at which the hearsay statement will be used. Fed. R. Evid. 804(a). Second, the statement must be in the form of “testimony that was given as a witness at a trial, hearing, or lawful deposition.” Fed. R. Evid. 804(b)(1). Third, the evidence must be offered against a party who “had . . . an opportunity and similar motive to develop it by direct, cross-, or redirect examination