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Evidence (Impeachment (Bias or Interest, Sensory Deficiencies, Prior…
Evidence
Impeachment
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Prior criminal conviction: For: 1) felonies not involving dishonesty/false statements: if W is D, out unless in (reverse 403 - have to show probative value outweighs prejudice), if W is non-D - in unless out. 2) conviction involving act of dishonesty: always admissible - perjury, fraud... 3) Convictions more than 10 years old = not admissible unless probative outweighs prejudice & adverse party given notice. 10 years = more than 10 years since date of conviction or date of release, whichever is later.
Evidence supporting credibility = indamissible unless credibility been attacked. Except: W's prior consistent statement admissible if statement made before W had motive to fabricate.
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Relevance
Relevant if it tends to make the existence of any fact of consequence more less probable than it would be without the evidence
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Testimonial Privileges
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Marital Communications
either spouse can invoke. confidential communications made during marriage = privileged in any later proceeding; unless: suits entre spouses, suits where one accused with crime or tort against children; or suits where spouses are co-Ds
Testimonial Evidence
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Lay opinions
have to be rationally based on W's perception & Helpful to trier of fact. Helpful = gives jury more information regarding Ws perception than the perception alone. Can't be based on scientific, technical, or specialized knowledge
Examples: speed of car, emotional state of individual, voice or handwriting recogn, sense recog, intoxication
Expert opinions
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Exception: cannot give opinion on D's mental state in a crim trial if its an element of a crime or defense
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Character Evidence
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In Civil cases
Prior acts of sexual assault or child molestation in cases for similar claims are admissible, to prove D's conduct in present case
Admissible if character is an essential element of claim or defense: defamation, child custody
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Hearsay
Non Hearsay
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Admissions: judicial, adoptive, vicarious
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Confrontation Clause
Testimonial statement = prior statement during CT proceeding. Or in furtherance of police investigation EXCEPT statements made to police during ongoing emergency.
Out of CT statement against D excluded if: 1) Declarant unavailable, 2) D had no prior opp to cross examine D about statement at time it was made & 3) statement is TESTIMONIAL (unless declarant unavailable b/c of D's own wrongdoing.
CO-D Statements: CC bars admission of out of court statement by non-testifying co-D if the statement expressly implicates another D.
EXCEPT: admissible if: 1) declarant co-D testifies 2) Redaction 3) to rebut charge of Coerced confession
Judicial Notice: Court may recognize a fact as true without formal presentation of evidence, either on its own or upon formal request of a party
manifest facts, notorious facts. of laws - must for Fed, State, Common law, May for municipal ordinances, foreign laws.
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