Stein Sp06 Evidence Outline1

Stein Sp06 Evidence Outline1 - Evidence Outline Professor...

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Evidence – Outline Page 1 of 17 Professor Alex Stein Spring 2006 SteinEvidenceOutline1.pdf 7 th amend says there’s a right to a jury trial, but not in cases of statutory entitlement. As for criminals, there’s a general const entitlement to a jury for all felonies under the 5 th amend. The 5 th amend only applies to criminal Ds—not to witnesses! They can be incriminated for their silence 4 types of errors: o Plain; if a judge fails to stop inadmissible hearsay, rule 103d states it’s plain error and reversible, even if there are no objections o Reversible; evidence erroneously admitted or excluded was such that the verdict can’t stand o Harmless; there was an error but there was enough other evidence to sustain the jury’s verdict, so it can stand undisturbed despite the error o Constitutional errors are deemed reversible; the verdict is overturned automatically unless the respondent proves beyond all reasonable doubt the error was harmless. This is only in criminal trials. Only a legal error constitutes grounds for an appeal. Rule 105, limited admissibility : if evidence is admissible for one purpose but not for another, the evidence will be admitted but for the legitimate purpose alone. o Problem of “spillover effect”—what guarantees the jury won’t use the info for both? Bruton v US —in any situation involving 2 or more Ds and a confession that can only be used against 1, due process concerns forbid the evidence from being introduced in the joint trial. Rule 403: Balancing rule : any piece of evidence that becomes admissible is still subject to scrutiny that will weigh its probative potential against its possible prejudicial effect and its capacity to cause delay in the administration of justice. o The judge exercises discretion, and appellate judges are deferential to it Any witness that testifies is subject to impeachment and rebuttal. This is because it (1) brings fact-finders closer to the truth and (2) it prevents perjury. o Impeachment is ad hominem, which goes to the person; o rebuttal is ad hoc, which goes to the issue Criminal Ds can be impeached by prior convictions subject to tight rules and close judicial supervision. This is in the US & only recently in Eng. Rule 103, Appeals : it goes through a list of formalities that are required in order to appeal. A record must be established of objections via a motion or at trial. o You can make a motion en limine, before the trial, to prevent evidence being brought; but it’s discretionary, so if the judge rules against you & later decides to strike the admitted evidence, you won’t win on appeal o 103.2 says that once a judge has made a definitive ruling on an objection, you don’t need to renew it; this was a change from 2000 In statements that are admissible as an exception like statements against penal interest, prosecution can only introduce the part of the statement that’s against penal interest. Ex, I robbed a bank with John; only “I robbed a bank” is
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This note was uploaded on 02/14/2008 for the course LAW 7330 taught by Professor Lushing during the Spring '05 term at Yeshiva.

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Stein Sp06 Evidence Outline1 - Evidence Outline Professor...

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