Exam 3 Missed Questions Flashcards
Are statements made during settlement negotiations generally admissible or inadmissible?
They are generally inadmissible
Can a defendant waive the protection of statements made during plea negotiations being inadmissible evidence?
Yes, the D may waive this protection if the waiver is made knowingly and voluntarily
When are evidence of prior crimes or bad acts admissible?
For relevant, non-character purposes, MIMIC.
Motive
Intent
Absence of Mistake
Identity
Common plan or scheme
Other
What is the psychotherapist privilege and what does it protect?
The psychotherapist-patient privilege protects confidential communication between a patient and psychotherapist or social worker made during the course of treatment or diagnosis.
The privilege belongs to the patient but must be asserted by the p-therapist in the patient’s absence.
Can prior crimes and other act be used to prove a person’s character?
No, ie ones propensity to behave in a certain manner.
How can a witnesses character for truthfulness be impeached?
With reputation or opinion testimony that is introduced extrinsically.
Or With specific instances of conduct
A criminal conviction for a felony or crime of dishonesty can be introduced intrinsically or extrinsically. (IE other sources)
Other bad acts can ONLY be introduced intrinsically (ie through the witnesses testimony).
What is the difference between intrinsic and extrinsic introduction of evidence?
Intrinsic - is introduced through the witness’s testimony on cross or direct. It is evidence that the witness is confronted with directly and the jury can evaluate immediately.
Extrinsic - is from all other sources. Or sources outside of the direct examination of the witness.
Generally, cant use extrinsic evidence to challenge witness credibility.
An expert witness may offer an opinion on an ultimate issue Except when:
The opinion is offered in a criminal case and concerns whether the D possessed the requisite mental state for a charged crime or asserted defense.
Does the character-evidence exception apply in civil cases?
No,
Rebuttable presumptions can be overcome by
contrary evidence produced by the opposing party, once this occurs the presumption disappears and the fact finder must weigh the evidence to decide the issue.
