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Evidence - Coggle Diagram

- - - - Generally inadmissible, but if admissible must be
        
        Helpful for clear understanding of fact at issue
        
        Not based on scientific, technical, or other specialized knowledge
        
        Based on witness' perception
    - - Qualified
      - Backed w/ reasonable certainty
      - Subject matter appropriate
        
        Scientific, technical or other specialized knowledge
      - Supported by factual basis
  - - - Only for motive, opportunity, intent, preparation, common scheme or plan, knowledge, identity, absence of mistake/accident
    - - Only if character is at issue
  - - - Prior bad acts not allowed
    - - Prior inconsistent statements
        
        Extrinsic only if witness has opportunity to explain and adverse party has opportunity to examine witness or if justice requires
      - Criminal convictions
        
        Crimes involving dishonesty
        
        Fraud or perjury
        
        Admissible
        
        Felonies not involving dishonesty
        
        Must not be too remote
        
        Over 10 years from conviction or release inadmissible
        
        Balancing test
        
        Accused
        
        Gov't must show probative value is not outweighed by prejudicial effect
        
        Witness
        
        Probative value must substantially outweigh danger of unfair prejudice
      - Bias or interest
  - - - Marital communication
      - Spousal testimony
- - - - confusion of issues
      - Misleading to jury
      - Unfair prejudice
      - Consideration of undue delay, waste of time, or needles presentation of cumulative evidence
  - - - Admissible to prove ownership/control not negligence or ability to pay
    - - Admissible to prove ownership/control or destruction of evidence not negligence
    - - Causation
      - Similar accidents/injures caused by same event
      - Similar acts that prove intent, habit, or industrial custom/routine
    - - Generally inadmissible
  - - - Direct
        
        Prosecution cannot initiate
      - Cross
        
        Defendant can introduce evidence of good character to prove innocence
        
        Allowed for impeachment
    - - Direct
        
        Only when character directly at issue
      - Cross
        
        Allowed for impeachment
- - - - Dyling declarations
      - Statement of personal or family history
      - Statements against interest
      - Stateemnet offered against party procuring unavailability
      - Former Testimony
    - - Present sense impressions
      - Business records
      - Excited Uterrance
      - Public records
      - Present state of mind or physical condition
      - Past recollection recorded
- - - - Certified public documents
      - Acknowledged documents signed before notary, sworn to turth, content and execution
      - Label, tag or trademark affixed in regular course of business
      - Newspapers/periodicals w/ reasonably wide circulation
      - Instruments (negotiable & commercial paper)
      - Sealed documents
      - Official publications by public authority