Term
Define Relevance and give the appropriate Federal Rule |
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Definition
| Rule 401: "Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." |
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Term
Under what rule is irrelevant evidence not admissible? |
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Definition
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Term
Relevant evidence is always admissible. True or False? |
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Definition
False. Rule 402 states that "all relevant evidence is admissible except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. |
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Term
| Irrelevant evidence is never admissible. True or False? |
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Definition
| True. Relevancy is the "first threshold" of admissibility. Rule 402 states "Evidence which is not relevant is not admissible." |
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Term
| Relevance is defined by what standard and what rule? |
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Definition
Rule 401 "Any evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence" |
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Term
| Under what circumstances and under what Rule may statements made in connection with a plea bargain not resulting in a plea of guilty be admissible? |
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Definition
Rule 410 (i) in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it, or (ii) in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record and in the presence of counsel. Or (iii) [in Alabama] any subsequent proceeding wherein voluntary and reliable statements made in court on the record in connection with any of the foregoing pleas or offers are offered as prior inconsistent statements. |
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Term
| May a defendant waive the right to have their plea negotiations protected by Rule 410? |
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Definition
Yes. see United States v. Mezzanatto, 513 US 196 holding that a prosecutor may validly condition an offer to plea bargain on the defendant's waiver of Rule 410 protection of the defendant's statements made in negotiating the plea bargain. |
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Term
| Negotiations made during a plea negotiation are admissible only if a guilty plea was the result of the negotiation. True or False? |
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Definition
| Technically False. Normally the content of plea negotiations is excluded by Rule 410 unless the result was a guilty plea that "stuck." However, there are two exceptions provided by Rule 410, one involving statements that need to be in fairness considered contemporaneously with already admitted statements, and another involving statements made under oath in a perjury case. |
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Term
| Only statements made by an accused to a prosecutor may be excluded under Rule 410. True or False? |
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Definition
True. Statements to police or other parties are not excluded by Rule 410 unless the other party is acting as the prosecutor's agent (which is a high standard) |
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Term
| Can a child witness be asked leading questions during the Direct Examination phase of testimony? |
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Definition
| Yes, at the discretion of the court. Rule 611(c) states that "Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness' testimony." Because children are considered less proficient witnesses than adults, the court may allow a child to be lead in order to fully develop their testimony. |
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