relevance Flashcards
When might relevant evidence be excluded?
probative value is substantially outweighed by the danger of unfair prejudice
When is evidence relative?
probative and material
are the results of polygraphs admissible in VA courts?
no
Evidence must be ________ to be admissible
relevant
What is character evidence?
generalized info about a person’s character
When is character evidence inadmissible?
if offered to prove D has a propensity to do X
when is character evidence admissible?
impeachment of D or W
character evidence in civil cases
generally inadmissible
admissible if character is at issue
Cases when character is at issue
defamation
negligent hiring
negligent entrustment
child custody
character in VA criminal cases
D may introduce EV about his own character or the victim’s character through REPUTATION only.
VA self defense cases
D may introduce EV of prior bad acts of V.
what is opening the door?
Once D offers evidence of his good character or V bad character, the prosecution may rebut by attacking D character
habit
VA - only in civil cases
regular response to repeated situations
viewed as an unconscious response
When may P introduce D bad acts?
motive
intent
absence of mistake
identity
common scheme or plan
When is relevant EV inadmissible?
probative value is substantially outweighed by prejudice