Evidence

Question 1

“Character is in element” exception to exclusionary rule

Answer 1

CEND-ROSA

Custody entrapment negligent entrustment defamation.

All forms of character evidence may be used: reputation opinion specific Acts.

Question 2

“Specific Acts” exception

Answer 2

MIMICGC

While specific Acts may not be used for the purpose of proving action in conformity, They will be admissible for other purposes including.

Mistake
Intent
Motive
Identity
Common scheme or plan
Guilty conscience

Question 3

Sexual assault exception to character evidence exclusionary rule

Answer 3

Evidence of Prior sexual assault convictions are always admissible in both civil and criminal cases?, including propensity to commit the offense.

Question 4

Defendant “opens the door” exception in criminal cases

Answer 4

A criminal defendant may offer reputation / opinion evidence to establish his own good character. Defendant may not offer specific acts.

Once the door is open, a prosecutor may offer reputation. Or opinion evidence of defendants bad character, and may also inquire about specific acts of misconduct, but may not use extrinsic evidence to impeach..

Question 5

Victim exception in self-defense case

Answer 5

A defendant may offer evidence of victims. Character as an aggressor by reputation or opinion evidence only. Evidence of specific acts is not allowed.

Prosecutor May rehabilitate with opinion or evidence of the items good character. Again, specific acts evidence is not allowed. Kip

Question 6

Permissible forms of character evidence in Florida

Answer 6

Florida restricts character evidence to reputation only. Opinion testimony is not allowed.

Question 7

Is other crimes evidence admissible in a criminal case for purposes other than the defendant’s character?

Answer 7

Yes. In Florida, a prosecutor must give 10 days notice of intent to use other acts evidence in a criminal case.

Question 8

When is a rape victims past sexual conduct admissible in a rape case?

Answer 8

1) To prove that someone other than the defendant is the source of semen, injury, or other physical evidence.
2) Specific instances have sexual activity between the victim and the defendant can be offered by the defense to prove consent.

Question 9

Four categories of non hearsay?

Answer 9

1) Prior inconsistent statement under oath
2) Prior consistent statement Buy a nonparty witness when offered to rehabilitate.
3) Statement of Prior identification of a person
4) Any statement made by a party opponent.

Question 10

What are the three declarant unavailable hearsay exceptions?

Answer 10

1. Former testimony
2. Statement against interest
3. Dying declaration

Question 11

Elements for a statement against interest exception to hearsay rule

Answer 11

1. Statement must have been against interest when made.
2. Declarant must be unavailable.
3. Declarant must have had personal knowledge of facts.

Question 12

Elements for dying declaration

Answer 12

1. Statement made under belief of imminent and certain death

2. Statement must relate to the cause or circumstances of the death.

Question 13

Present sense impression

Answer 13

Statement which describes or explains an event or condition under non startling conditions. Must be made while or immediately after receiving the event or condition.

Question 14

Excited utterance

Answer 14

Statement relating to a startling event made while still under the stress of excitement.

Question 15

State of Mind exception

Answer 15

Statement which describes either present physical condition or a future intention

Question 16

Recorded recollection

Answer 16

If testifying witness cannot remember, maybe Sean a memorandum the witness made or adopted at or near the time of the event.

May only be read to the jury, but may only be offered as an exhibit by the opposing party.

Question 17

In Florida, may evidence of Prior bad acts be used to impeach a witness?

Answer 17

Florida does not allow impeachment using evidence of Prior bad Acts. A witness may not be asked about prior specific acts of misconduct for which he was not convicted. Only prior convictions may be offered.

Question 18

Impeachment by prior convictions in Florida

Answer 18

May offer evidence of convictions for crimes involving dishonesty or false statement or any felony. However, may not inquire as to specifics.

There is no specific time limit. On the remoteness of Prior convictions

Question 19

Habit evidence

Answer 19

In Florida, habit evidence is only admissible to corroborate other evidence that show it occurred at the relevant time.

Question 20

Judicial notice in Florida vs. Federal

Answer 20

In Florida, the court has discretion to determine whether judicial notice of a fact is conclusive.

Under the federal rules, a judicially noticed fact is conclusive in a civil case, but not in a criminal case.

Question 21

How can a learned treatise be used under Florida evidence law.

Answer 21

Learning treatises can only be used during cross-examination of an expert. Excerpts from the publication may not be read into the record as substitute. They cannot be used to bolster the experts credibility.

Question 22

Spousal immunity in Florida?

Answer 22

Florida does not recognize the doctrine of spousal immunity, but does recognize the privilege for confidential marital Communications.

Question 23

What testimonial privileges does the State of Florida recognize?

Answer 23

1. Psychotherapist patient privilege
2. Marital Communications privilege
3. Clergy penitent privilege
4. Accountant client privilege
5. Professional journalists qualified privilege not to divulge information obtained while actively Gathering news. .
6. Accident report privilege

Question 24

Explain the accident report privilege.

Answer 24

Written reports made by persons involved in motor vehicle accidents are privileged. And inadmissible And either a criminal or Civil Trial? Arising out of the accident. Statements made to a law enforcement officer are also included within the privilege.