Evidence Analysis

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Author:
sfjohnson1010
ID:
81145
Filename:
Evidence Analysis
Updated:
2011-04-22 10:10:03
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Evidence
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Evidence Analysis
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  1. Foundation of a photo as real evidence
    • 1. What does the proponent claim it is
    • 2. Is it relevant in B's trial for ______
    • 3. What foundation is necessary
    • 4. Who do you call to lay the foundation
  2. Probative Value > Prejudicial Effect (evidence)
    admit the evidence
  3. Probative Value = Predudicial Effect (evidence)
    Admit the evidence
  4. Prejudicial Effect > Probative Value (evidence)
    Depends, must Substantially outweigh for evidence to be excluded
  5. Prejudicial Effect >> Probative Value (evidence)
    Exclude
  6. Hearsay Analysis
    • 1. is the statement Hearsay? if no admit
    • 2. If hearsay, is there an exception? if no exclude
    • 3. If there is an exception is it a "testimonial statement", if not then admit
    • 4. If testimonial, is the declarant subject to cross at trial, if yes then admit
    • 5. if declarant isnt subject to cross at trial, is the exception 804(b)(2) or (6), if yes then admit
    • 6. If not covered by 804(b)(2) or (6) did the accused ahve the opportunity to cross when the staeemnt was made, if no exclude if yes admit
  7. Other crimes, wrongs or acts (uncharged) analysis
    • 1. evidence must be offered for a proper noncharacter purpose
    • 2. Evidence must be relevant for that purpose
    • 3. Court must perform a 403 balancing test
    • 4. Under FRE 105, and upon request, court must provide a limiting instruction to the jury that the evidence of the uncharged conduct may be considered only for the admitted purpose
  8. FRE 407 Analytical Framework
    • 1. When was the action taken
    • 2. What type of action was taken
    • 3. What point does the action prove
    • 4. Who took the remedial measure
  9. FRE 408 Analytical Framework
    • 1. Is there a claim
    • 2. Is the claim disputed
    • 3. Is the evidence offered for another purpose
    • 4. Is the evidence an offer to settle or an admision of liablility
  10. Impeachment by Bias
    • witness had:
    • 1. motive to hurt party
    • 2. Motive to favor a party
    • 3. Motive to protect self-interest
    • 4. predudice or other motive
  11. Impeachment by Capacity
    • 1. Deals with the physical ability to observe, rememeber and relate those observations
    • 2. Problems with perception
    • 3. Problems with recollection
    • 4. Problems with the ability to accurately relate
  12. Impeachment by Character
    • 1. once on stande character for truthfulness is fair game
    • 2. opinion and reputation for bad character and truthfulness
    • 3. Certain prior convictions
    • 4. Prior misconduct relevant to truthfulness
  13. Impeachment by Inconsistencies
    Prior inconsistent statements
  14. Impeachment by contradiction
    Facts that contradict the witness' version of events
  15. FRE 609 Analytical
    • 1. Who is the witness
    • 2. What is the punishment
    • 3. Did the offense involve dishonesty or false statement
    • 4. when was the conviction or release from prison
    • 5. What balancing test mus be satisfied
  16. 6 Factors to balance for the Balancing Test (Gordon)
    • 1. Nature of the prior offense
    • 2. How recent or remote is the prior offnse
    • 3. Similarity of the prior offense to the crime charged
    • 4. Extent and nature of overall record
    • 5. Importance of credibility issues in the case
    • 6. Importance of defendants Testimony

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