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EX3 Review - 1 Criminal Justice 2350 Exam#3 Review Chapter...

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1 Criminal Justice 2350 Exam #3 Review Chapter 10: Summary Evidence in a study of the regulations involving the process of proving facts. Two themes of the Federal Rules are that (1) the rules favor admissibility of evidence and (2) the trial judge has considerable discretion concerning the admissibility of evidence. Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Hearsay is inadmissible unless the exception is applicable. Rulings on evidence cannot be assigned as error on appeal unless a substantial right is affected and the nature of the error was called to the attention of the judge at the time the evidence was offered. When evidence is admitted for a limited purpose, the judge should instruct the jury s to the proper scope of evidence. Evidence is relevant where is has some tendency as a matter of logic and human experience to make the proposition for which it is advanced more likely than proposition would appear in the absence of that evidence. Admissible relevant evidence may be excluded on the grounds of prejudice, confusion, or waste of time. Generally, character evidence is not admissible to prove conduct. There are no mental or moral qualifications for testifying as a witness under the Federal Rules. A witness should have the opportunity to deny or explain a prior consistent statement. Expert witnesses include skilled persons Chapter 11: Summary Our system of justice is based on the adversary system. The judge presides over the trial proceedings and performs those duties imposed on him or her by law.
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