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Evidence (Witness (Competency: requires that the witness have personal…

- - - - helpful for a clear understanding of a fact at issue
      - not based on scientific, technical, or other specialized knowledge
      - based on the witness's perception
    - - is the opinion supported by a proper factual basis
      - Is the subject matter appropriate for an expert opinion? These include:
        
        opinion backed with reasonable certainty
        
        opinion supported by a proper factual basis
        
        personal knowledge
        
        facts made known at trial
        
        witness qualifies as expert
        
        other specialized knowledge
        
        technical knowledge
        
        Facts made known outside of court
        
        Need not be admissible in court
        
        of the kind that are reasonably relied upon by experts in the field
        
        Scientific knowledge
  - - - bias or interest
      - criminal convictions
        
        felonies not involving dishonesty: court has discretion to exclude. Must not be too remote or over ten years since the date of conviction
        
        balancing test: for the accused the government must show the probative value as impeachment is not outweighed by its prejudicial effect.
        
        Crimes involving dishonesty
      - prior inconsistent statement
    - - bad acts: FRE 608 is the rule associated. Interrogation about bad acts is admissible within the court's discretion. Must be probative of truthfulness
      - repudiation: done by introducing evidence from a witness in the community or business circle. They usually state their personal opinion of the impeached witness, at the court's discretion
- - - - Certified public documents (by clerk or agency or court that had custody
      - Acknowledged documents signed before notary, sworn to truth, content, and execution (except wills)
      - Label, tag, or trademark affixed on item in regular course of business
      - Newspapers and periodicals with reasonably wide circulation
      - Instruments - negotiable and commercial paper
      - Sealed documents (government certified)
      - Official publications issued by the public authority
- - - - Lack of Memory
      - Death or physical/mental illness
      - Refusing to testify
      - Absent beyond the reach of the court's subpoena power and the proponent of the statement has been unable to procure attendance or testimony.
      - Privilege
    - - Present state of mind or physical condition
        
        must be then-existing state of mind or emotional, sensory, or physical condition
        
        not including a statement of memory or belief
      - Excited utterance
        
        statement relating to a startling event or condition
        
        Made while under the stress of excitement that it caused
      - Present sense impression
        
        statement describing or explaining an event or condition
        
        made while or immediately after the declarant perceived it
      - Business records
        
        making the record was a regular practice of that activity
        
        shown by a custodian's testimony or by certification
        
        kept in the course of a regularly conducted activity or a business or organization
        
        made at or near the time by someone with knowledge
        
        neither the source of information nor the method of preparation indicate a lack of trustworthiness
      - Public records
        
        of a matter observed while under a legal duty to report
        
        neither the source of information or other circumstances indicate a lack of trustworthiness
        
        Record sets out the office's activities
      - Past recorded recollection
        
        is on a matter the witness once knew about but now cannot recall
        
        was made or adopted by the witness when the matter was fresh in the witness's memory
        
        accurately reflects the witness's knowledge
        
        May be read into evidence
        
        May only be received as an exhibit if offered by an adverse party
    - - dying declarations
        
        statement made by declarant believing that declarant's death was imminent
        
        statement about its cause or circumstances
      - statement of personal or family history
      - statement against interest
        
        contrary to declarant's proprietary or pecuniary interest
        
        supported by corroborating circumstances that clearly indicate its trustworthiness
        
        reasonable person in the declarant's position would have made only if the person believed it to be true
      - statement offered against party procuring declarant's unavailability
      - former testimony
        
        offered against a party who had an opportunity and similar motive to develop it by direct, cross, or redirect examination
        
        Given as a witness at a trial, hearing, or lawful deposition
- - - - Settlement offers
      - withdraw guilty pleas
      - subsequent remedial measures are not admissible to prove negligence, but may be admissible to prove ownership or control, or to prove destruction of evidence
      - Liability Insurance may be admissible to prove ownership or control, although it is not admissible tos how negligence or ability to pay
    - - causation
      - similar accidents or injuries caused by the same event
      - similar acts admissible to prove intent, habit, and industrial custom or routine
- - - - Generally not admissible. Only admissible when character directly at issue: child custody, defamation, etc.
    - - Party or witness: only for impeachment.
  - - - Prosecution cannot initiation
    - - Party: defendant can introduce evidence of good character to help prove innocence
      - Party or Witness: Impeachment