Quick and dirty evidence Flashcards
When can you introduce evidence of the V’s bad character in MI?
Only to show aggressive character in a homicide case where D claims Self defense.
What kind of evidence can be used to show V’s bad character?
Only reputation or opinion evidence. Not specific acts. Can be cross x on specific acts.
Every witness is presumed competent unless
court finds after questioning that person does not have sufficient mental capacity or sense of obligation to testify truthfully.
When are regularly recorded business records self-authenticating?
When they are certified and accompanied by sworn declaration that made contemporaneously.
How to get past recorded recollection into the record
Read it into the record only. Only comes in as an exhibit if the other side offers it.
Impeachment with prior convictions: what types of crimes
two options:
- crimes involving dishonesty or false statement OR
- crime involving element of theft that was a felony and
Impeachment with prior convictions: what else needs to happen if the crime is one involving theft?
Court has to find that the conviction has substantial probative value on credibility. If the witness is the defendant in a criminal case, Court has to find that the PV outweighs the PE
The catch all hearsay exception
- Indica of trustworthiness and reliability
- Evidence must go to a material issue in the case
- Must be necessary (not available via other evidence)
- Interest of justice
Evidence of rape victim’s past sexual behavior
allowed to show things like source of semen.
Evidence of rape victim’s relations with the D
Can only be admitted if material and if PE does not outweigh PV. Need to provide notice. If no notice provided court will consider the purposes of the rape shield laws.
Framework for specific acts of misconduct and prior crimes
For main evidence
1. Prior acts of misconduct allowed for independent purposes. Or for SA and DV.
2. Not admissible to show acted in conformity
For Impeachment
1. Prior convictions allowed under narrow rule about dishonesty.
2. Prior bad acts can be asked about on cross but no extrinsic evidence allowed.
What needs to be shown for prior acts of misconduct to be admitted for main evidence?
- provide 14 days notice to other side
- Evidence must be offered for some purpose other than propensity
- Must be relevant
- PV must outweigh the PE
- Court can provide limiting instruction
In MI texts and treatises
to impeachment only. Must be read into the record not admitted as exhibit.
Scope of cross X
anything that is relevant. If the issue was not covered in direct, the court has discretion as to whether to allow it.
MI hearsay exception for depositions
unvailable witness’ deposition testimony can be used.
