Missed Evidence Flashcards
What evidence can be introduced when D shows the victim is the first aggressor in a homicide case?
P may rebut by showing victim’s peaceful character
What is curative admissibility?
Otherwise inadmissible evidence is admitted to rebut prejudicial evidence that has already been improperly admitted
Available only when
- prejudicial evidence was admitted through no fault of the party prejudiced
- prejudiced party objected to and move to strike AND
- an instruction to disregard evidence is insufficient to remedy prejudice
Can specific instance of bad act used to impeach one’s character for truthfulness?
Yes, but ONLY IF it is from intrinsic evidence
When can D offer evidence of V?
D may introduce character evidence relevant to the defense asserted
- V was the initial aggressor in self-dense
- V gave consent or source of other people in sexual assault
When can specific acts be admitted?
Civil - essential element of the crime or defense
Criminal - essential element of a crime or defense
Cross-exam - allowed, but no extrinsic
What can P do when D opens the door by introducing good character evidence
P can
1. call their own character witness to rebut
2. cross examine D’s character witness (specific instance of bad act is allowed)
How to impeach witness’s character for truthfulness
Reputation or opinion testimony –> introduced extrinsically is ok
Specific instance of conduct
- conviction for felony or dishonesty –> intrinsic or extrinsic
- other bad acts –> intrinsic only
When can juror testify? and when can’t?
CAN:
1. extraneous prejudicial information
2. improper outside influence
3. mistake on verdict form
CAN’T
1. statement or incident during deliberation
2. effect on juror
3. juror’s mental process concerning the verdict
When is basis of expert opinion admissible>
Admissible when experts in the field would rely on the same kind of facts or data
When is a duplicate not reliable
When there is a genuine question as to the authenticity of the original
