Term
| How much knowledge does a witness have to have? |
|
Definition
| The witness must have personal knowledge of the matter in the form of their own testimony. |
|
|
Term
| Who may impeach a witness? |
|
Definition
|
|
Term
| How can a witness's credibility be attacked or supported? |
|
Definition
By testimony about reputation for having a character for truthfulness or untruthfulness or tesiomony in the form of opinion
Evidence for turthfulness is only admitted after character has been attachked
608(a) |
|
|
Term
| When is evidence of specific instance allowed? |
|
Definition
Extrinsic evidence is not admissible to prove specific instance of witness conduct
BUT
The court may allow them to be inquired into ON CROSS-X if the are probative of the character for truthfulness or untruthfulness of the witness or another witness those character the witness being cross-examined about. |
|
|
Term
| Do character witnesses waive the right to self incrimination when they take the stand? |
|
Definition
No, by testifying on a matter that relates only to the witness's character of truthfulness, they do not waive their right to self incrimination
608 |
|
|
Term
| When its evidence of a witness's prior crime need no balancing and no discretion to the court aka it MUST come in? |
|
Definition
| When its crimin falsi or evidence of a criminal conviction that anyone has been convicted of a cirime is admitted if it involved dishonesty or false statement regardless of the punishment. |
|
|
Term
| Where is a witness's evidence of a prior conviction have a tilt in favor of admissibility? |
|
Definition
| When the is someone witness other than the accused, evidence will be admitted unless you can should its prejudice will outweigh it probative value. |
|
|
Term
| When is there a slight tilt against admissibility of a witness's prior criminal conviction? |
|
Definition
| When the accused has committed a felony but its not a crimen falsi. |
|
|
Term
| When is there a strong tilt against admitting a witness's prior criminal conviction? |
|
Definition
| The conviction is more than 10 years old, regardless of who the witness is. |
|
|
Term
| When is a prior criminal conviction least likely to be allowed in? |
|
Definition
| When its a misdemeanor not involving an act of dishonesty or false statement. |
|
|
Term
| When can evidence or a prior bad act be allowed in? |
|
Definition
When it:
1) Reflects untruthful character
2) Its probative value outweighs the danger of unfair prejudice
3) A good faith basis for inquiry exists; AND
4) the evidence is introduced on cross-x using no extrisnic evidence.
Controlled Prosecutors Gain Further Xcellence Everyday |
|
|
Term
| If a conviction has been pardoned or annulled can it be allowed in? |
|
Definition
| No, evidence of a prior conviction that where the accused has been rehabilitated or later found innocent, is not allowed in |
|
|
Term
| Is evidence of a witness's religious beliefs allowed in? |
|
Definition
Evidence of a witness's religious beliefs or opinions is not admissible to attack or support the witness's credibility
610 |
|
|
Term
| When a witness uses a writing to refresh their memory, what is the adverse party entitled to do? |
|
Definition
1) Have the writing produced at the hearing
2) To inspect it
3) to cross examine the witness about it
4) an to introduce any portion that relates to the witness's testimony it to evidence.
Parties introduces Xctasy everywhere |
|
|
Term
| When examining a witness about the witness's prior statement, what must a party do with the contents of the statement? |
|
Definition
| Does NOT need to show it or disclose its contents to the witness but upon request must show it or disclose to the adverse party's attorney. |
|
|
Term
| When is extrinic evidence of a witness's prior inconsistnet statment admissible? |
|
Definition
Only f the witness s given an opporunity to explain or deny the statment and an adverse party is given an opportunity to rehab the witness.
613 |
|
|
Term
| What is the rule from Tome? |
|
Definition
| A prior consistent statement must have been made before there was a motive to falsify. |
|
|
