Presentation of Evidence Flashcards
When do the Federal Rules of Evidence not apply?
- the court’s determination of a preliminary question of fact governing admissibility
- Grand jury proceedings
AND
- Criminal proceedings for: issuance of a search or arrest warrant or a criminal summons; preliminary examination in a criminal case; extradition or rendition; consideration of bail or other release; sentencing; and granting or revoking probation or supervised release
What are the distinct roles of a judge and a jury?
Judge
-> decides preliminary questions of the admissibility of evidence
Jury
-> determines the weight and credibility of the evidence
Under what circumstance can a party challenge an evidence ruling?
The ruling must affect a substantial right of a party and the party must notify the judge of the error through either an objection or an offer of proof.
How can a party notify the judge of an error regarding an evidence ruling?
Objection -> if the evidence is admitted
Offer of proof -> if the evidence is excluded
Can a party renew a challenge after a definitive ruling on admissibility has been made?
Need not renew.
Even if definitive ruling made before trial.
What is a plain error?
What is the implication of a plain error that affects a substantial right? Do you need to make a challenge for the implication to take place?
An error that is obvious to a reviewing court.
If it affects a substantial right, then it is grounds for reversal (even without a challenge).
What does it mean for evidence to be allowed in through “limited admissibility”?
What must the court do?
It means the evidence may be admissible for one purpose but not for another.
The court must restrict the evidence to its proper scope and instruct the jury accordingly.
What does the completeness rule mean?
For partial introduction of evidence, an adverse party may compel introduction of an omitted portion to help EXPLAIN the admitted evidence (can’t admit additional parts of the evidence if they are unrelated or unfairly prejudicial by bringing up a different issue that isn’t of relevance here).
What general notice must the Prosecution provide the D?
Must D do the same to the prosecution?
The prosecution must provide reasonable notice of the general nature of such evidence that the prosecution intends to offer at trial.
The defense is not required to give the prosecution the same notice.
What does it mean for the introduction of evidence be admitted via judicial notice?
The court’s acceptance of a fact as true without requiring formal proof.
What are adjudicative facts?
Can they be subject to judicial notice?
Facts of the case at hand typically decided by jury because they play a role in the outcome of the case.
Subject to judicial notice if the fact is not subject to reasonable dispute because:
-> generally known within the community
OR
-> can be accurately and readily determined from reliable sources.
Must a jury accept that a fact subject to judicial notice as conclusive?
Civil case
-> the jury must be instructed to accept the noticed fact as conclusive
Criminal case
-> the jury must be instructed that it may or may not accept any judicially noticed fact as conclusive.
Who has control over the trial process?
What does the control entail?
The judiciary.
The judiciary has control over the order of witnesses/presentation of the case to effectively determine truth and avoid wasted time or witness harassment; may also question or call a witness.
During the examination of witnesses, to what extent is the cross-examination limited in terms of subject matter?
Scope of cross-examination is generally limited to the subject matter of direct examination and witness credibility.
Are redirect and recross permitted after a cross-examination?
If so, what is the scope of the possible subject matters?
May be permitted.
The scope is within the court’s discretion, tend to be able to discuss only new points that were brought up in cross-examination but the court can allow for new topics.
