Evidence - Relevancy Flashcards
Under Federal Rule of Evidence 404, is evidence of a person’s character generally admissible to prove that the person acted in accordance with that character?
No, it is generally inadmissible.
What is the exception under Federal Rule of Evidence 404 that allows criminal defendants to introduce character evidence?
Testimony regarding good character if it is pertinent to the charged crime.
In which type of cases does the exception allowing testimony about good character apply?
Criminal cases.
In the context of Federal Rule of Evidence 404, what character trait might be pertinent to violent crimes such as battery?
Peacefulness.
Is testimony regarding a defendant’s reputation for peacefulness admissible in civil cases?
No, it should be excluded.
Under Federal Rule of Evidence 608, when may evidence be offered to support a witness’s character for truthfulness?
Only after that character has been attacked.
What must occur before a party can offer evidence supporting a witness’s character for truthfulness according to Federal Rule of Evidence 608?
The character for truthfulness must be attacked.
What happens to testimony regarding the defendant’s truthful reputation if there is no indication that his character for truthfulness has been attacked?
It should be excluded.
Fill in the blank: The character-evidence exception allowing criminal defendants to introduce testimony regarding a pertinent character trait does not apply in _______.
civil cases.
What does MIMIC stand for in the context of noncharacter purposes for admitting crime or bad acts?
Motive, Intent, Absence of Mistake, Identity, Common plan or scheme
MIMIC is an acronym used to remember the specific noncharacter purposes for which evidence of prior crimes or bad acts may be admitted.
What is the significance of the Absence of Mistake?
To negate mistake or accident & prove deliberate act
This aspect is important for demonstrating that the behavior was intentional rather than accidental.
What does Common plan or scheme refer to?
To show preparation or planning
This purpose emphasizes the organized nature of the defendant’s actions leading up to the crime.
What can evidence of prior crimes demonstrate in terms of knowledge?
To show knowledge of crime, opportunity to commit crime, consciousness of guilt, etc.
This can help establish a context that supports the prosecution’s case against the defendant.
True or False: Evidence of prior crimes is admissible to prove a person’s character.
False
Evidence of prior crimes is not allowed to show that a person acted in accordance with their character on a specific occasion.
What is an example of how prior bad acts may be relevant in a case?
To establish a pattern of operation or scheme
For instance, a factory worker’s history of assaulting individuals can be used to show that he did not act in self-defense.
What is circumstantial evidence?
Evidence that allows fact finder to infer a fact
Examples include fingerprints or behaviors that suggest involvement in a crime.
What is direct evidence?
Evidence that establishes a fact
An example is testimony from a witness who saw the defendant at the crime scene.
Give an example of direct evidence.
Testimony that a witness saw the defendant at the crime scene.
What are methods of impeaching a witness?
Methods include:
* Character for truthfulness
* Self-interest / bias
* Prior inconsistent statement
* Specific contradiction
* Sensory abilities
What constitutes a prior inconsistent statement?
A witness’s prior statement inconsistent with present testimony.
What type of evidence contradicts a witness’s testimony on a material issue?
Evidence directly contradicting witness’s testimony.
What factors can impair a witness’s sensory abilities?
Physical condition, mental condition, or environmental factors.
What defines a party-opponent statement?
- Made or adopted by party
- Made by agent, employee, coconspirator, or authorized person
What are the exceptions for an unavailable declarant?
- Former testimony
- Dying declaration
- Statement against interest
- Personal/family history
- Against party that wrongly caused declarant’s absence
What is a statement against interest?
A hearsay statement that a reasonable person in the unavailable declarant’s position would only make if it were true.
What are the conditions that make a statement against interest?
It must be contrary to the declarant’s proprietary or pecuniary interest, tend to invalidate the declarant’s claim against someone else, or expose the declarant to civil or criminal liability.
Fill in the blank: A statement against interest must be contrary to the declarant’s _______.
[proprietary or pecuniary interest]
List the three conditions that qualify a statement as a statement against interest.
- Contrary to declarant’s proprietary or pecuniary interest
- Tends to invalidate declarant’s claim against someone else
- Exposes declarant to civil or criminal liability
Is character evidence admissible in civil cases?
Yes, character evidence is admissible in civil cases.
It is an essential element that either party may present to support a claim or defense.
What types of testimony can be used as character evidence?
Character evidence can include:
* Reputation testimony
* Opinion testimony
These types of testimony can be used to establish the character of a party.
What can the opposing party do if a party testifies about their character?
The opposing party may show the party-witness’s untruthfulness by:
* Challenging their reputation
* Questioning their opinion testimony
* Cross-examining the witness
This can include presenting evidence of a conviction.
What is required for a party to rebut character evidence?
A party may rebut character evidence by:
* Cross-examining the opposing party’s witness
* Examining its own witness
* Presenting reputation or opinion testimony
This allows the party to challenge the credibility of the character evidence presented.
Fill in the blank: Evidence of a party’s character is an _______ element in civil cases.
[essential]
Essential elements are crucial for supporting claims or defenses.
True or False: Character evidence can only be presented by the party who is accused.
False
Either party may present character evidence to support their claims or defenses.
What type of evidence is admissible to show propensity in cases of sexual misconduct?
Evidence of prior sexual misconduct by the accused party is admissible.
This type of evidence can be used to demonstrate a propensity to engage in similar behavior.
What are common methods for authenticating documents?
Common methods include:
* Ancient documents & data compilation
* Public records
* Reply letters
* Handwriting analysis
* Self-authenticating methods (FRE 901)
What is the significance of a document being at least 20 years old when offered?
It helps establish authenticity and reduces suspicion.
What conditions must be met for a document to be considered self-authenticating?
Conditions include:
* No suspicion about authenticity
* Document was in a place where authentic documents are likely kept
* Recorded or filed in public office as authorized by law
What is required for a document written in response to communication to be considered authentic?
The contents must make it unlikely that the response was written by someone other than the recipient of the first communication.
What role does expert testimony play in document authentication?
An expert witness or trier of fact compares authenticated documents against disputed handwriting or other identifiers.
What is the difference between expert and non-expert opinion in handwriting analysis?
Expert opinion is provided by a qualified witness, while non-expert opinion is given by someone with personal knowledge of authentic handwriting not acquired for litigation.
What types of documents are considered self-authenticating?
Types include:
* Public documents with official’s signature
* Certified copies of public records
* Records of regularly conducted activities
* Newspapers, periodicals & official publications
* Documents with trade inscriptions
* Acknowledged documents
* Commercial papers, including signature & related documents
What is hearsay?
A statement made outside of court that is offered to prove the truth of the matter asserted.
What is required for a statement to be admissible under hearsay exceptions?
The declarant must be unavailable.
List the grounds for a declarant’s unavailability.
- Unable to testify due to death
- Unable to testify due to physical or mental illness
- Exempt from testifying due to privilege
- Refusal to testify despite a court order
- Testifying that they do not remember the subject matter
What happens if a declarant refuses to testify?
They may be considered unavailable for hearsay exceptions.
What is the significance of the statement being made by the declarant?
It is not sufficient alone to establish hearsay exceptions.
What does it mean if a declarant is considered unavailable?
They cannot provide testimony due to various specified reasons.
What is one example of a privilege that may exempt a declarant from testifying?
Attorney-client privilege.
What is the implication of a declarant’s unavailability on hearsay evidence?
It allows for certain statements to be admissible despite the hearsay rule.
What is testimonial evidence?
Evidence made primarily for the purpose of criminal investigation or prosecution, such as witness statements made after apprehension of suspect
Examples include grand jury testimony, lab results, transcripts of prior testimony, and affidavits.
What is nontestimonial evidence?
Evidence not primarily made for the purpose of criminal investigation or prosecution, including statements made before apprehension of suspect
Nontestimonial evidence may include ongoing emergency assistance statements.
Fill in the blank: Statements made to assist police in ongoing emergency are considered _______.
[nontestimonial]
An example includes 911 calls.
What are some examples of nontestimonial evidence?
- Statements made to assist police in ongoing emergency
- 911 calls
- Jail booking records
These pieces of evidence are typically collected in the context of ongoing situations.
What is the term used for a statement that reflects a person’s state of mind?
State of mind
Refers to a person’s motive, intent, or plan.
What type of statements are admissible as substantive evidence regarding a person’s emotional or physical condition?
Fear, pain, bodily health
These statements reflect the declarant’s emotional or physical state.
What is an example of a statement that may be inadmissible under FRE 803(3)?
Reflection on prior event or belief about matter
Such statements are inadmissible unless related to the declarant’s will.
What type of statement is admissible as evidence of motive, intent, or plan?
State of mind statement
These statements provide insight into the declarant’s mental state.
Fill in the blank: A statement reflecting a _______ is admissible under FRE 803(3) as substantive evidence.
state of mind
