Course Hero Logo

EVIDENCE FINAL OUTLINE.docx - EVIDENCE FALL 2020 Relevance...

Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. This preview shows page 1 - 4 out of 53 pages.

EVIDENCE FALL 2020Relevance606(B): JUROR DELIBERATIONS401 &402: PROBATIVENESS AND MATERIALITY403: PROBATIVE VALUE V. UNFAIR PREJUDICEEVIDENCE OF FLIGHTEFFECT OF STIPULATIONS407-411: SPECIALIZED RELEVANCE RULESCharacter Evidence404(A)(1): CHARACTER-PROPENSITY RULE413 ,414, 415: PROPENSITY EVIDENCE IN SEXUAL ASSAULT404(A)(2)(A)-(B), 405: DEFENDANT AND VICTIM’S CHARACTER406: EVIDENCE OF HABITImpeachmentMODES OF IMPEACHMENT403(A), 607, 608: IMPEACHMENT BY OPINION, REPUTATION, AND CROSS EXAMINATION609: IMPEACHMENT BY PRIOR CONVICTIONRape Shield412- RAPE SHIELD LAWSTHE LAW ENFORCEDHearsay801/802: RULE AGAINST HEARSAYNONHEARSAY USES OF OUT-OF-COURT STATEMENTS:Hearsay Exceptions801(d)(1): DEFENDANT-WITNESS’S PRIOR STATEMENTS/ TESTIMONY801(d)(2): OPPOSING PARTY’S STATEMENTS803: EXCEPTIONS APPLICABLE REGARDLESS OF DECLARANT AVAILABILITY804: EXCEPTIONS ONLY WHEN DECLARANT UNAVAILABLE805: HEARSAY WITHIN HEARSAY807: RESIDUAL EXCEPTIONConfrontation ClauseSIXTH AMENDMENT CONFRONTATION CLAUSEPOST-CRAWFORD REFINEMENTS OF THE DOCTRINELay Opinions & Expert Testimony701: LAY OPINIONS702/704: EXPERT TESTIMONY GENERAL703/705 SUFFICIENT BASIS FOR EXPERT TESTIMONY/RELIABILITYAuthentication and “Best Evidence” rule901/902- AUTHENTICATION1002/1003/1004: BEST EVIDENCE RULE
Random Rules106-> rule of completeness602-> personal knowledge805-> hearsay within hearsay104-> preliminary questions807- residual exception612- refreshing memory
I.RelevanceGoals of Evidence Rules: • Relevance • Reliability • Policy Goals606(B): JUROR DELIBERATIONSRule 606B:a juror may only testify to a matter occurring during the jury’s deliberations that had aneffect on the jury’s verdict if it constituted an improper extraneous influence.Tanner v. United States:A juror may not testify about evidence of jurors’ alcohol and drug use duringa trial.Evidence of jurors’drug and alcohol abuse does not qualify as such an extraneousinfluence as the substances are voluntarily ingested by the jurors themselves.Warger v. Shauers:Under Federal Rule of Evidence 606(b), evidence of juror deliberations is onlyadmissible to prove an outside influence, extraneous information, or mistake on verdict form.Thisinadmissibility encompasses any evidence of juror dishonesty duringvoir dire.Whipple’s statements was inadmissible under FRE 606(b)-Whipple was not subject tooutside influence, and the information that Whipple discussed was internal rather thanextraneous- daughter’s car accident generally affectedWhipple’s own feelings towardnegligence for accidents, but did not provide any extraneous information regardingthe crash between Warger and ShauersShould court permit the evidence of jury members saying things making them seem biasedand prejudiced?yes-> footnote 3 Warger, if bias is so extremePena-Rodriguez v. Colorado:If ajuror makes a clearstatement showing reliance on racial biasoranimus to convict a defendant, an exception to the no-impeachment rule allows jurors to testify aboutjury deliberations to determine whether racial bias deprived the defendant of an impartial jury401 &402: PROBATIVENESS AND MATERIALITYRule 401:(Defines Relevance): Evidence is relevant if:a.It hasany tendency to make a fact more or less probable than it would be without the evidence(probative); andb.

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 53 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Fall
Professor
Peffer
Tags
Evidence law, Miranda v Arizona, prosecutor

Newly uploaded documents

Show More

Newly uploaded documents

Show More

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture