Evidence Flashcards
What is relevant evidence?
Evidence that has a tendency to make a factor more or less probable than it would be without the evidence.
When is relevant evidence admissible?
Unless it is inadmissible pursuant to some other rule.
Is evidence of a person’s wrongs admissible to prove character conformity?
No, it is inadmissible.
When can a defendant offer evidence of their character?
When their relevant character trait is used to prove that the defendant did not commit the charged offense.
Under what conditions may character evidence of a criminal defendant be admissible?
After presenting evidence of her own good character or evidence of the victim’s bad character.
What does the term ‘Mercy Rule’ refer to?
Under the Mercy Rule, a defendant’s character traits may be proven in the form of opinion or reputation. Reputation means a defendant’s reputation in the community. Then, the prosecution can offer relevant opinion or reputation evidence of the defendant’s SAME bad trait in the form of opinion or reputation.
Trait must be relevant!
Pros can only inquire into specific acts on cross to impeach witness.
What does ‘reputation’ mean in the context of character evidence?
A defendant’s reputation in the community, including circles of associates.
What are non-character purposes for admitting evidence of prior bad acts?
- Proving motive
- Opportunity
- Intent
- Preparation
- Plan
- Knowledge
- Identity
- Absence of mistake
- Lack of accident
What is hearsay?
An out of court statement offered to prove the truth of the matter asserted.
What is required for a statement to be considered hearsay?
It must be a person’s oral assertion, written assertion, or nonverbal conduct intended as an assertion.
What is a prior inconsistent statement?
A statement made under oath in a prior proceeding or deposition that is inconsistent with a current statement.
Are statements made by the opposing party admissible?
Yes, statements made in an individual or representative capacity are admissible.
What must be proven for co-conspirator statements to be admissible?
- Proof of an extant conspiracy
- Proof that the statement was made during and in furtherance of the conspiracy
What constitutes a statement of identification?
A statement identifying a person made by the declarant who is subject to cross-examination about it.
What is a present sense impression?
Statements made by the declarant explaining or describing an event while or immediately after perceiving it.
What is an excited utterance?
Statements made while the declarant was subjectively under the stress of excitement from an objectively startling event.
What is a business record?
A record of an act made at or near the time by someone with knowledge, kept in the course of regularly conducted activity.
What is the purpose of impeachment in court?
To challenge a witness’s credibility using bias, prior bad acts, or prior inconsistent statements.
What must be shown for a witness’s prior bad acts to be admissible?
Specific instances of conduct probative of untruthfulness.
Under what conditions can prior convictions be admitted for impeachment?
- If the crime was punishable by death or imprisonment for more than one year
- If the conviction involves dishonesty
What is Rule 403?
A rule allowing a court to exclude relevant evidence if its probative value is substantially outweighed by undue prejudice.
What does the Confrontation Clause guarantee?
The right to confront witnesses against the defendant.
What defines a ‘testimonial’ statement?
Statements made to police during an interrogation or believed to be used in a criminal prosecution.
What determines whether a statement is non-testimonial?
If the primary purpose of the statement is to enable police assistance during an ongoing emergency.
What is a recorded recollection?
A record that a witness once knew about but cannot recall well enough to testify accurately.
Fill in the blank: A statement against interest by an unavailable declarant is admissible if it is contrary to the declarant’s _______.
[pecuniary interest]
True or False: Evidence of prior convictions for sex crimes is generally considered relevant to credibility.
False.
