Testimonial Evidence Flashcards
Witness credibility may be attacked using character evidence through:
1) reputation or 2) opinion testimony
when can evidence of truthful character be introduced?
after credibility has been first attacked
on cross, witness credibility may be attacked with specific instances of conduct if
1) specific instance regards truthfulness 2) good faith believe in misconduct and 3) it does not involve arrest or a consequence of an arrest
is extrinsic evidence of specific instances of conduct admissible?
no [job application is not admissible but witness can be asked about it]
felony OR misdemeanor convictions involving dishonesty is:
ALWAYS admissible to attack witness credibility (10 year restriction)
prior felonies not involving dishonesty are:
(crime punishable by death or +1 year admissible IF LEGALLY RELEVANT
if 10+ years have elapsed since conviction or release of ANY crime, the evidence is
subject to reverse legal relevance test; the party introducing must show the probative value of the conviction SUBSTANTIALLY outweighs the danger of unfair prejudice
evidence of prior conviction is NOT admissible if it was:
pardoned, annulled or later found innocent
witness credibility may be attacked by introducing:
prior inconsistent statements
when can extrinsic evidence be introduced (prior inconsistent statement of witness)
if the witness is given an opportunity to EXPLAIN OR DENY the prior inconsistent statement
but CANNOT BE USED regarding a collateral matter (irrelevant)
witness credibility can be attacked by showing the witness has a deficiency in:
ability to perceive, recall or relate information that is NOT collateral
when a hearsay statement has been admitted in evidence, declarant’s credibility may be attacked, and then supported by:
any evidence that would be admissible for those purposes if the declarant had testified as a witness
court may admit evidence of inconsistent statement or conduct regardless of when it occurred or declarants opportunity to explain or deny. If the party against whom the statement was admitted calls the declarant as witness, they can examine as if on cross
lay witnesses are presumed
competent unless proven otherwise – mental competence goes to WEIGHT OF EVIDENCE not admissibility
lay witness opinion testimony must:
1) be rationally based on witness perception, 2) helpful to clearly understanding witness testimony or to determining a fact in issue and 3) NOT based on science technical or special knowledge
expert witness testimony must:
1) be qualified by possessing sufficient knowledge, skill, experience training or education 2) their knowledge will help the trier of fact, 3) based on sufficient facts or data 4) product of reliable principles and methods and 4) expert has reliably applied the principals and methods