Otherwise the court uses the harmless beyond a

Info icon This preview shows pages 7–9. Sign up to view the full content.

Otherwise, the court uses the “harmless beyond a reasonable doubt” standard. Chapman v. California . Test: o Objectively, what evidence did the jury consider in coming to the verdict? o Did the jury rest the verdict on evidence independent of the unconstitutional evidence? o Unpreserved Constitutional Error Plain error standard. Must be clear and obvious that it affected the rights of the party. o Preliminary Questions About Evidence 104. Preliminary Questions (a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege. (b) Relevance That Depends on a Fact. When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later. (c) Conducting a Hearing So That the Jury Cannot Hear It. The court must conduct any hearing on a preliminary question so that the jury cannot hear it if: o (1) the hearing involves the admissibility of a confession; o (2) a defendant in a criminal case is a witness and so requests; or o (3) justice so requires. (d) Cross-Examining a Defendant in a Criminal Case. By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case. (e) Evidence Relevant to Weight and Credibility. This rule does not limit a party’s right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence. Generally, judges decided questions of law and juries decide questions of fact. However, that isn’t always so. 104(a). The judge should use a preponderance standard . Bourjaily . A preliminary question of fact is a fact that has to be decided to decide an evidentiary issue. In regards to preliminary questions in which the relevancy of the evidence is conditioned on a fact yet to be determined, the Page 7 of 65 Nathan Hardymon
Image of page 7

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Evidence Spring 2017 Outline Lollar judge makes the initial admissibility determination, and the jury makes the final decision regarding the existence of the conditional fact. 104(b). The judge applies this standard: Whether there is enough evidence that, if the proffering party establishes a preliminary fact, a reasonable jury could find the fact. Relevance o Logical Relevance: Probative Value 402. General Admissibility of Relevant Evidence Relevant evidence is admissible unless any of the following provides otherwise: o the United States Constitution; o a federal statute; o these rules; or o other rules prescribed by the Supreme Court.
Image of page 8
Image of page 9
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern