OVERVIEW Flashcards
Four steps in Evidence analysis. Ask . . .
Is the proceeding criminal or civil?
At which point in the proceeding is the evidence being offered (direct, cross, redirect, etc.)?
What is the purpose for which the evidence being offered?
Is the evidence relevant?
CRIM RULES: Prosecution can/cannot introduce reputation evidence of Defendant’s bad character to suggest conformity with that bad character?
Cannot
CRIM RULES: Defendant is/isn’t allowed to present evidence of relevant good character traits to suggest conformity.
Is
CRIM RULES: When providing evidence of his relevant good character trait, what sort of evidence may the Defendant offer? Which can he not?
CAN offer reputation evidence
CANNOT offer specific acts
CRIM RULES: If Defendant offers good character evidence, is the prosecution permitted to rebut?
Yes
CRIM RULES: When is evidence of prior bad acts admissible to show propensity?
To show MIMIC
Motive
Intent
Mistake, absence of
Identity
Common plan or scheme
CRIM RULES: At which point is the Defendant’s character for truthfulness automatically in issue?
After D testifies for his character for truthfulness.
CIVIL RULES: Which two situations allow the Prosecution to present character evidence?
If character is directly in issue; or
If character is an essential element of Prosecution’s claim or D’s defense
CIVIL RULES: If character evidence is offered by Prosecution to show something other than ____, it is generally OK.
Propensity
CIVIL RULES: If a party testifies, ____ is automatically in issue.
Character.
IMPEACHMENT: Prior inconsistent statements are ordinarily admissible only to impeach. When is it admissible for its truth?
When given under oath at a legal proceeding.
IMPEACHMENT: When is evidence of bias or motive to misrepresent admissible? When allowed, can extrinsic evidence be introduced?
Always
Yes
IMPEACHMENT: When does the court lack discretion to allow introduction of prior convictions?
When the convictions involves dishonesty or false statements (felony or MD)
IMPEACHMENT: When can evidence of prior felony convictions, without dishonest element, be introduced?
When the court elects to let it in
IMPEACHMENT: When can a party introduce evidence of specific acts bearing on the witness’ truthfulness? What is the restriction?
On cross
No extrinsic evidence if witness denies.
