Evidence

Question 1

Contrary to the Federal Rule, OK includes ______ as a basis for the exlucsion of relevant evidence.

Answer 1

Unfair & Harmful Surprise

Question 2

OK Character Evidence of Victim in Criminal Case

Answer 2

In OK, the prosecution may rebut the defendant’s bad character evidence of the victim only with evidence of the victim’s good character for the same trait.

Prosecution may not rebut with evidence of the defendant’s bad character for the same trait.

Oklahoma has not adopted the Federal Rule permitting bad character evidence of the victim to be rebuttable by bad character evidence of the defendant on the same trait.

Only good character evidence of the victim on the same trait is admissible.

Question 3

Does OK have a Dead Man Act?

Answer 3

No

Question 4

Under the Federal Rules and in Oklahoma, a judge may on the judge’s own motion exclude witnesses, except for parties, persons whose presence is essential, and those statutorily authorized to be present. Furthermore, in Oklahoma:

Answer 4

a judge may not exclude a victim or the victim’s family in a criminal case, except when the exclusion is in the interest of justice

Question 5

Privileges Related to Marriage in OK

Answer 5

Oklahoma recognizes a marital communications privilege. The privilege belongs to the accused and applies only in criminal proceedings. The privilege may also be claimed by the spouse on behalf of the accused.

Oklahoma does not recognize the privilege of spousal immunity.

Question 6

Inadmissible Evidence in OK Rape Case

Answer 6

In Oklahoma, reputation or opinion evidence regarding the victim’s sexual behavior is not admissible.

Evidence of the victim’s sexual behavior with other persons is not admissible to show consent, but it is admissible where the behavior occurred when the accused was present, at the time of the alleged incident.

Question 7

Admissible Evidence in OK Rape Case

Answer 7

1. Specific instances of sexual behavior offered for a purpose other than the issue of consent, such as proof of source of semen, pregnancy, disease, or injury.
2. False allegations of sex offenses.
3. Similar sexual acts in the presence of the accused with persons other than the accused that occurred at the time of the alleged sex offense.

*If D intends to offer any of above evidence at trial, must file a written motion accompanied by an offer of proof at least 15 days before trial.