Misc

Question 1

When is REVERSE 403 applied?

Answer 1

1. Criminal defendant - to be impeached by attacking their character for truthfulness with evidence that the witness has been convicted of a felony in the last 10 years. *does NOT apply when the crime involves dishonesty.

Question 2

When is a statement testimonial and therefore within the Sixth Amendment’s purview?

Answer 2

A statement that is made for the primary purpose of ascertaining past criminal conduct is testimonial. By contrast, a statement made primarily to enable police to render aid to meet an ongoing emergency is not testimonial.

Question 3

When is an out-of-court testimonial statement admissible against a criminal defendant?

Answer 3

(1) the declarant must be unavailable, and
(2) the defendant must have 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 subjective purpose of the participants.

Question 4

What is intrinsic evidence and extrinsic evidence?

Answer 4

Intrinsic: Testimony used to discredit witness elicited only from that witness

Extrinsic: Evidence used to discredit witness from any source other than witness’s own testimony

Question 5

When must a judicial notice be accepted by the jury as conclusive?

Answer 5

In a civil case, the court must instruct the jury that it is required to accept the noticed fact as conclusive. But in a criminal case, the court should instruct the jury that it may accept the noticed fact as conclusive.