Evidenceoutline4harmon

Evidenceoutline4harmon - Evidence FOR WHAT PURPOSE IS THE...

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Evidence FOR WHAT PURPOSE IS THE EVIDENCE BEING OFFERED? PLEASE REMEMBER TO READ THE RULE YOU ARE REFERRING TO BEFORE WRITING THE EXAM ANSWER. Relevance A. General Rule 104 - Preliminary Questions Rule 401 - Relevant evidence means any evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence. Rule 402 - All relevant evidence is admissible, except by constitution, congress or other FR. Evidence which is not relevant is not admissible. Rule 403 - Balancing Test - Evidence is excludable if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by waste of time/delay. Rule 411 - Liability Insurance - Liability insurance or lack thereof is not admissible on the issue of negligence. Ok for proof of agency, ownership or control or bias or prejudice of a witness. B. Personality Traits and Behavior Patterns - CRIMINAL Cases Rules 401-403 Rule 404 - a) Evidence of a persons character not admissible to show propensity or actions in conformity therewith on a particular occasion except: 1) Character of the accused: if D brings it up its fair game - D mus put character at issue, D offers P rebuts OR trait of victim offered by D(agressiveness) same may be offered about the D from the P (to show first aggressor) 2) Character of victim: D offer first if pertinent, P may rebut 3) Witness b)Other crimes, wrongs or acts: not admissible to prove character can be admissible to show proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. 5 Non character purposes in this area, where other crime might be relevant: MIMIC 1) Motive - D was arrested by V last year - shows motive of revenge 2) Intent - D charged posses with intent to sell D says Im a user not a seller - last year conviction for selling - prior similar crime to show intent
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3) Mistake or Accident or Absence of - D murder V defense is accident, week before tried to kill V - likelihood not mistake 4) Identity - D robbery of bank, defense is alibi - evidence that this D used same MO for crime 2 months ago unique MO tends to identify the D increases inference that he did this current crime 5) Common scheme or plan - D charged robbery Pros wants to introduce evidence that D stole white car in same town and Suspect used white car in robbery - another form of identity evidence in Ds mind this was all one transaction. Procedural - prove MIMIC crimes through - prior conviction, prove other crime happened with evidence (witness, document, testimonial). Upon Ds request Pros has to give pretrial notice of intent to introduce MIMIC evidence. In all of these MIMIC cases court has the discretion to do a 403 balancing test.
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This note was uploaded on 04/17/2008 for the course LAW ? taught by Professor Harmon during the Spring '08 term at Touro NY.

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Evidenceoutline4harmon - Evidence FOR WHAT PURPOSE IS THE...

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