Jury Inquiry and Relevance Flashcards
Rule about inquiries into verdicts
606(b)
Under 606(b) what can jurors NOT testify about?
- any statement/incident during deliberations
- effect of anything on any vote
- any juror’s mental processes
606(b) exceptions
- extraneous prejudicial information was improperly brought to the jury’s attention
- an outside influence was improperly brought to bear on any juror
- a mistake was made in entering the verdict on the verdict form
- clear racial bias (Pena-Rodriguez)
Tanner holding
DC held intoxication testimony inadmissible under 606(b) to impeach jury’s verdict. Evidentiary hearing denied
Tanner justifications
- freedom of deliberations
- finality
- protection of jurors
In Warger, a juror lied during voir dire but ___
still protected because only found out during deliberations
Purpose of FRE 105
provide limiting instructions
Rule 401 states that evidence should __
be let in if any tendency to make material fact more or less probable
Rule 402 states that evidence is __
admissible unless otherwise barred
Rule 407 concerns evidence about __
subsequent remedies
If subsequent remedy evidence is offered to prove ___ it is inadmissible under 407
- negligence
- culpable conduct
- product defect
- need for a warning
If subsequent remedy evidence is introduced to show _____ then could be admissible depending on 403
offered to prove feasibility if in dispute
Wife: “Show me the body” when officer arresting D. Relevant?
Yes, because know body is missing (more likely to know where to find it and more likely that husband told her, that husband did it)
Passport seizure at Trump’s home alongside confidential info. Relevant?
Yes, shows knowledge and control over location of the confidential info, not just an accident
Polygraph: consented unhesitatingly. Relevant?
Arguable (many could convince themselves of their own bs)
Strict liability statute against possessing catfish. Evidence didn’t know what it was in box.
Not relevant! Doesn’t go to element of the crime
Voluntary intox evid, but not defense.
Not relevant, doesn’t go to element of the crime
NY Post runs story saying Patterson investigated for selling meth. Sues Post for defamation. Post wants to offer evidence Patterson is known kidnapper/murderer.
Very relevant because element of the crime is a tendency to actually lower reputation (but rep already low)
Daubert annoyed being woken up several times in night by brother.
Relevant, makes him more likely to have killed his brother
James appeals abetting manslaughter, pleading self-defense for daughter’s murder of boyfriend bc she’d heard of all his past violent acts. Wants admit evidence of actual acts that boyfriend committed in past.
existence of docs corroborating statements makes self-defense claim more probable
Self-defense is not just about reasonable fear in mind but ____ so tend to admit evidence that helps establish that
credibility
Officer shot bc thought violin case had gun in it. Absence of gun relevant?
Yes, makes officer’s claim that case pointed threateningly towards him less likely that it happened
