procedure Flashcards
when may a judge be forced to recuse
a judge must be disqualified from considering a case in which he participated as a lawyer, or in which his former firm participated.
when may the state join offenses in the same indictment
if they are of the same or similar character OR
if they are based on same act, transaction, scheme
when is a photograph admissible?
when properly authenticated by police officer who testifies that x in photograph is same as seized (or is otherwise the object at issue)
does a public record fall within the hearsay exception?
yes
do mere technical errors invalidate an indictment?
no, and it may be amended at any time to correct technical errors
can the accused introduce evidence of a trait of his character pertinent to the crime
yes, under article 404, but must be in the form of general reputation only. (i.e. peacefulness, nonviolence, etc)
can cross examination occur regarding criminal conviction not relating to the crime
yes, cross examination can be on any criminal conviction. only the fact of any conviction, name of offense, and date and sentence are admissible unless it is denied, testified to, or probative value of details outweights prejudicial effect
if a statement is introduced to prove the truth of the matter asserted, could it be hearsay
yes. however, an out of court statement not intended to prove truth is allowed.
what is res gestae
an exception to the hearsay rule, statement made under the immediate pressure of the occurrance
when may a prosecutor ask leading questions of its own witness
when she becomes an adverse witness or the questions relate to routine background or uncontroverted issues
is evidence of prior bad acts or crimes admissible to prove that defendant acted in conformity with bad character?
no, but such evidence may be admissible for other purposes, like proving motive, intent, etc.
can evidence of prior conviction during case in chief of prosecution?
yes if charged under same/ similar felony, and conviction is relevant to an element of that particular crime. Defendant can avoid introduction of evidence of conviction by stipulating to existence of the prior conviction.
just may also allow if the conviction conduct is independently relevant to the charged croms, the prior crime is relevant for some purpose other than to prove he acted in conformity with prior conduct.
doctrine of dual sovereignty
permits multiple prosecutions for same offense by courts of different sovereigns (in possible double jeopardy question)
is evidence of character of victim allowed
no, unless there is evidence of hostile demonstration or overt act by victim at time of offense.
TRue or False
the relationship, friendship, or enmity between a juror and defendant provides basis for a cause challenge
false, this is true ONLY IF prior relationship would influence juror in arriving at a verdict
