Evidence evidence Flashcards
Present sense impression
Make sure that your first define hearsay, and then present this as an exception
A present sense impression is an out of court statement, describing or explaining an event or condition that is made while or immediately after the declarant perceived it
Excited utterance
Make sure you define hearsay and note this as an exception
And excited utterance is a statement made about a shocking or startling event, made, while the declarant is under the stress of the excitement that it caused
analyze whether it is a violation of the sixth amendment to admit a non-testifying witness’ testimonial out of court statement
A statement that is made for the primary purpose of ascertaining past criminal conduct is testimonial. a statement made primarily to enable police to render aid to meet an ongoing emergency is not testimonial
For an out of court, testimonial statement to be admissible against a criminal defendant, the sixth amendment requires that the declarant must be unavailable, and the defendant must’ve had a prior opportunity to cross examine the declarant.
to determine whether a statement is testimonial, requires an objective analysis of the circumstances, regardless of the subject of purpose of the participants
Is a victims out of court vocal identification of a defendant inadmissible hearsay?
A previous out of court identification of a person after perceiving that person is not hearsay. It may be admissible in substantive evidence by the testimony of the declarant witness, even if the witness has no memory of the prior identification, it will be admissible, because the witness is subject to cross examination about the prior identification
Improper character evidence in a criminal case
In a criminal case, the prosecution is not permitted to introduce evidence of a defendant bad character. To prove that the defendant has a propensity to commit crimes, is, therefore likely to have committed the crime in question.
Evidence of the defendants, crimes or other wrongful acts
These are admissible for a non-propensity purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident
My old aunt Penny paints kindly in a lovely landscape
