Evidence

Question 1

Prosecution use of character evidence

Answer 1

For Defendant:
When D offers evidence of good character
When D attacks victims character (CA only for violence
To impeach for honesty

For victim:
When D introduces evidence of victims character
When homicide case and self defense raised (FRE only)

Question 2

Defendant character evidence

Answer 2

For defendant:
Can raise good character if inconsistent with crime (CA good character generally)

Victim: may introduce when relevant to defense. CA can use all three types of character evidence

Question 3

Specific instances of conduct

Answer 3

Can show motive
Intent
Mistake
Identity
Common plan

Any time during cross (maybe limited in CA?) unclear

Habit or organizations routine is OK

Question 4

Impeachment

Answer 4

Character but only for untruthfulness

D can’t bolster except in CA
Opinion or rep to attack

SIC ok on cross

SIC in CA- only in criminal cases to impeach. But can use extrinsic evidence

Question 5

Criminal act to impeach

Answer 5

Crimean falsi, 10 year rule, felony

CA - any crime of moral turpitude felony
Crime- all felonies or misdemeanor of moral turpitude
No 10 year limit

Question 6

Prior inconsistent statement

Answer 6

CA admissible fir any reason

FRE only to impeach

Question 7

Opinion

Answer 7

Lay witness - rationally based on perception helpful to clear understanding not based on science stuff

Expert - qualified. Sufficient data facts, reliable principles applies to case, reasonable degree of certainty

Question 8

Hearsay exceptions (not for truth of matter)

Answer 8

Legally operative facts, effect on recipient, state of mind, identification, impeachment and rehab.)

Question 9

Non-hearsay

Answer 9

Prior statement if can testify at trial if under oath for substance (no need CA)

Statement to rebut charge of fabrication

Statement of ID after perception

Opposing party statement

Statement of another adopted as own - (silence) if:

Person was present and heard, had ability to deny and reasonable person would have denied.

Question 10

Hearsay ok (only if unavailable)

Answer 10

Former testimony

Dying declaration. FRE - only homicide CA- all, must have actually died and be about death

Statement against interest

Family history