Relevance Flashcards
Rule in Criminal Case for Character Evidence
Generally, when character evidence is admissible as evidence in a criminal case (e.g., evidence of good character introduced by the defendant), specific instances of a person’s conduct are not admissible.
Character must be proved by either reputation or opinion testimony.
However, when a character witness is cross-examined, the court may allow a party to inquire into specific acts committed by the person about whom the witness is testifying. Must be asked in good-faith.
Rule for Character evidence in a civil case
Character evidence is admissible when character is an essential element of a claim or defense, rather than a means of proving a person’s conduct.
Character is most commonly an essential element in defamation cases.
When character evidence is admissible as evidence in a civil case, it may be proved by specific instances of a person’s conduct as well as either by testimony about the person’s reputation or by testimony in the form of an opinion.
Rule for admitting relevant evidence
When the relevance of evidence depends upon whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist.
The court may admit the proposed evidence on the condition that the proof is introduced later.
In making its determination that sufficient evidence has been introduced, the court must examine all of the evidence and decide whether the jury could reasonably find the conditional fact by a preponderance of the evidence.
the court may admit the testimony on the condition that the proof is introduced later. The proof of the statement does not need to be produced prior to the admission of the testimony into evidence.
Relevant evidence Rule
Evidence is relevant if (i) it has any tendency to make a fact more or less probable than it would be without the evidence (i.e., probative), and (ii) the fact is of consequence in determining the action (i.e., material).
Rule for Defendant’s good character
A defendant is permitted to introduce evidence of his good character as being inconsistent with the type of crime charged.
The defendant’s character evidence must be pertinent to the crime charged. Proof of good character offered by the defendant must be in the form of reputation testimony or opinion testimony.
Only reputation or opinion testimony can be introduced, and the testimony must be pertinent to the crime charged.
Rule for evidence of Bad Acts
Evidence of a bad act is not admissible to prove a person’s character in order to show that the person acted in accordance with that character on a particular occasion.
Although a defendant’s crimes or other wrongful acts are not admissible to show his criminal propensity in order to prove that he committed the crime for which he is charged, such bad acts are admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
Impeaching a Witness for crimes not involving fraud or dishonesty that are less than 10 years old rule
Convictions for felony crimes not involving fraud or dishonesty that are less than 10 years old are admissible to impeach a witness.
For a witness other than a criminal defendant, the court may exclude such evidence when the party objecting to the impeachment shows that the probative value is substantially outweighed by the prejudicial effect (i.e., the Rule 403 standard). In this case, a civil defendant seeks to bar introduction of a felony that is less than 10 years old, and thus must meet this standard.
the burden is placed on the defendant, as the party seeking to exclude the conviction.
Attacking Credibility of the declarant after hearsay statement is admitted Rule
When a hearsay statement has been admitted into evidence, the credibility of the declarant may be attacked by any evidence that would be admissible if the declarant had testified as a witness.
Rule for Prosecution and Defense notice to present evidence
When a criminal defendant requests, 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.
Rule for Prosecution offering evidence of a defendant’s character witness about specific instances of a defendant’s conduct.
Although the prosecution generally cannot introduce evidence of a defendant’s bad character, the defendant can make his character an issue in the case by offering evidence of his good character.
When the defendant “opens the door” in this way, the prosecution is free to rebut the defendant’s claims by attacking the defendant’s character. In introducing evidence as to the defendant’s character, the prosecution is generally limited to the same type of evidence that the defendant offers.
However, on cross-examination, the prosecution may question a defendant’s character witness about specific instances of the defendant’s conduct.
Curative Admission Rule
When a court erroneously admits evidence, the court may permit the introduction of additional inadmissible evidence to rebut the previously admitted evidence.
Known as a curative admission, such additional evidence can be admitted in the court’s discretion when necessary to remove unfair prejudice.
