Term
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Definition
| The impeaching party should ordinarily be permitted to establish the nature, time and place of and the punishment for each conviction that qualifies for the impeachment process. They may not, however, explore details of the crime. |
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Term
| US V. Lopez-Gutierrez (1996) |
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Definition
| Good cause found where government first learned of evidence one day before trial and trial court took steps to ensure defendant would be able to effectively cross examine the witness. |
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Term
| Elliott V. Turner Construction Co. (2004) |
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Definition
| Worker injured in construction of briidge permitted to prove series of negligent acts by defendant in construction of bridge to prove defendats overall lack of planning for the project. |
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Term
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Definition
| To demonstrate common plan or scheme *defendant burglarized a garage to obtain equipment used to commit charged burglary of post office. |
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Term
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Definition
| dissimilarities between extrinsic offenses & charged offenses render extrinsic offense evidence inadmissible. |
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Term
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Definition
| In this case the court affirmed the prosecutions ability to "prove it's case free from any defendant's option to stipulate the evidence away" |
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Term
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Definition
| both proponent & court should identify specific purpose for which evidence is offered |
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Term
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Definition
| determining the admissibility of other crimes evidence requires the proponent and court to focus on the purpose for which the evidence is offered (ie. intent, knowledge, motive, etc) |
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Term
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Definition
| The court, upon request, must instruct the jury that the evidence of similar acts is to be considered only for the limited purpose for which it was admitted. |
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Term
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Definition
| Although 404(b) refers to "other crimes" it makes clear that the other crime, wrong, or act need not have been criminal, much less have resulted in any arrest or convition. It is also not necessary that the other act occured prior to the one being tried. |
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Term
| Perrin V. Anderson (1986) |
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Definition
| Despite the use of the terms "accused" and "prosecution" in rule 404(a)(1) and (2) exceptions, a few courts allow litigants to invoke these exceptions in civil litigation in which the central issue was criminal in nature. |
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Term
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Definition
| Some circuits hold that a jury must be instructed that evidence of the defendants good character, standing alone, may be sufficient evidence to create reasonable doubt |
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Term
| Sparks V. Gilley Trucking Co. (1993) |
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Definition
| barred the defendant from offering evidence of the plaintiffs prior acts of speeding to prove that the plaintiff was driving negligently when the accident occured. |
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Term
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Definition
| evidence that is corroborative of a defendants testimony should not be excluded as "cumulative" |
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Term
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Definition
| There is also a danger that the jury may over value polygraph results as an indicator of truthfulness because of the polygraphs scientific nature. |
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Term
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Definition
| WSS 7-11-305(b) every defendant is presumed to be mentally responsible. |
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Term
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Definition
| Probative Value must outwiegh other objections (ie. prejudice, cumulative, waste of time, etc) |
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Term
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Definition
1) age 7 or less: IRREBUTABLE or CONCLUSIVE presumption under 7 years of age to lack capacity to form INTENT to commit a crime.
2)ages 7-13 - REBUTABLE presumption to lack capacity to form intent to commit a crime.
3) ages 14 or more: assumed to have mental capacity to form intent to commit a crime. |
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Term
| Judicial Notice; foundation requirements |
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Definition
1) Competancy of officer - training, experience, knowledge, certified
2) Reliability of machine - testing, calibration, etc.
3) Procedure checklist |
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Term
| Two kinds of judicially noticed facts |
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Definition
| 1) Generally known within the territorial jurisdiction of the trial court 2) Capable of accurate and ready determination by resort to sources whose accuracy cannot be reasonably questioned. |
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Term
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Definition
| Notice of adjudicative facts |
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Term
| Can prosecution call the defendant to the stand? |
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Definition
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Term
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Definition
| Pretrial motion to dismiss evidence that is inadmissible *prejudicial, waste of time, cumulative, etc.* |
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Term
| Two types of real evidence |
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Definition
1) direct
2) circumstantial |
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Term
| List two categories of evidence |
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Definition
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Term
| Burdens of Proof; death penalty case |
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Definition
1) prosecution
*must prove aggravating circumstances
- BEYOND REASONABLE DOUBT
2)Defense
*Must prove mitigatig circumstances
-PREPONDERANCE OF EVIDENCE |
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Term
| Burden of proof; Insanity Plea |
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Definition
| Must be proven by "greater weight of evidence" by defense that client was insane at time of the crime |
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Term
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Definition
1) Prelim Hearing - Probable Cause
2) Criminal Trial - Beyond reasonable doubt
3) Civil Trial - preponderance of the evidence. |
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Term
| What two requirments must be met to bring federal civil lawsuit? |
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Definition
| 1) Diversity of citizenship 2) More than $75k in controversy |
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Term
| Federal court jurisdiction |
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Definition
1) Violation of USC or CFR (criminal)
2) Issues between states & US Govt.
3) Issues between US Govt. and other countries
4) Federal questions - involves federal law or question of constitution
5) Civil - 2 requirements
(a) diversity of citizenship
(b) more than $75k in controversy
6) Bankruptcy |
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Term
| Appellate Action Sequence |
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Definition
| Municipal Court / Circuit Court --> District Court --> WY Supreme Court --> US Supreme Court |
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Term
| District Court Jurisdiction; Civil |
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Definition
1) $7K or greater
2) Divorce
3) Probate
4) Title or real property |
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Term
| District Court Jurisdiction; Criminal |
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Definition
1) Arraignment (Felonies)
*Bond Setting (if not already set)
*Receipt of charges / reading of rights
*Entrance of plea
2) Felony trials w/in territorial JD
3) Burden of proof (criminal
*beyond reasonable doubt |
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Term
| Circuit Court Jurisdiction; Civil |
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Definition
1) $7K or less in dispute
2) Small Claims - $5K or less
3) Evictions
4) FVPA / Stalking |
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Term
| When is hearsay admissible? |
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Definition
| During preliminary hearing |
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Term
| Circuit Court Jurisdiction; Criminal |
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Definition
1) Misdemeanor (6mo/$750)
2) Initial Appearance (Felony)
*Bond Setting
*Receipt of charges
*reading of rights
3) Preliminary Hearing (Felony)
*Finding of probable cause
*Binds over to district court |
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Term
| Municipal Court Jurisdiction |
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Definition
1) within city/town limits
2) Misdemeanors (6mo/$750) |
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Term
Rule 609
List examples of crimes involving dishonesty or false statement |
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Definition
| counterfeit, fraud, failure to file income tax return, receive stolen property, theft, robbery, drug use, perjury, burglary |
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Term
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Definition
| 10 years from date of conviction or 10 years from release of confinement imposed for conviction |
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Term
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Definition
1) evidence that a witness has been convicted of a felony
2) evidence that the witness has been convicted of a crime involving dishonesty or a false statement |
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Term
Rule 407
Is evidence of repair admissible |
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Definition
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Term
Rule 404(b)
8 exceptions to offer proof of character |
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Definition
1) motive
2) opportunity
3) intent
4) preparation
5) plan
6) knowledge
7) identity
8) abscence of mistake or accident |
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Term
Rule 404(a)
When can character be an element of claim or defense? |
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Definition
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Term
Rule 404(a)
Character evidence generally |
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Definition
| Evidence of a persons character or trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion |
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Term
Rule 404(a)
Which characters are covered? |
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Definition
1) Character of the aaccused
2) character of alleged victim
3) character of the witness |
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Term
Rule 403
List 6 key points for exclusion |
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Definition
1) Prejudice
2) Confusion
3) Misleading
4) Delay
5) Waste of time
6) Cumulative |
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Term
| List types of presumptions |
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Definition
| 1) constitutional *presumptions of innocence until proven guilty 2) Statutory *DWUI *Insanity *Children 3) Precedent 4) Common Law |
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Term
| Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time |
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Definition
| Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. |
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Term
| Rule 404 (a). Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes |
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Definition
(a) Character evidence generally
Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:
(1) Character of accused - Evidence In a criminal case, evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same, or if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under Rule 404 (a)(2), evidence of the same trait of character of the accused offered by the prosecution;
(2) Character of alleged victim - Evidence In a criminal case, and subject to the limitations imposed by Rule 412, evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor;
(3) Character of witness - Evidence of the character of a witness, as provided in rules 607, 608, and 609. |
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Term
| Rule 404 (b). Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes |
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Definition
(b) Other crimes, wrongs, or acts
Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial. |
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Term
| Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible |
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Definition
| 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. Evidence which is not relevant is not admissible. |
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Term
| Rule 609. Impeachment by Evidence of Conviction of Crime |
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Definition
| (1) evidence that a witness other than an accused has been convicted of a crime shall be admitted, subject to Rule 403, if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, and evidence that an accused has been convicted of such a crime shall be admitted if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused; and (2) evidence that any witness has been convicted of a crime shall be admitted regardless of the punishment, if it readily can be determined that establishing the elements of the crime required proof or admission of an act of dishonesty or false statement by the witness. |
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Term
| How many articles are there in the us constitution? |
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Definition
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Term
| How many amendments in the US Constitution? |
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Definition
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Term
| Recite the 4th amendment of the us constitution: |
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Definition
| The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
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Term
| What is the focus of the 4th amendment? |
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Definition
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Term
| Recite the 5th amendment of the us constitution: |
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Definition
| No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
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Term
| The 5th amendment and Wyoming State Constitution Article 1, Section 11 guarantee what? |
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Definition
| the right not to incriminate oneself |
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Term
| When does the 5th amendment right attach? |
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Definition
| This protection attaches to an individual when he or she is subjected to custodial interrogation. |
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Term
| Recite the 6th amendment of the us constitution: |
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Definition
| In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. |
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Term
| Recite the 8th amendment of the us constitution: |
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Definition
| Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. |
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Term
| What is the focus of the 8th amendment? |
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Definition
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Term
| Recite the portion of the 14th amendment of the us constitution relevent to LEO's: |
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Definition
| No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. |
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Term
| What is the focus of the 14th amendment? |
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Definition
Street level: free, unseized people
Detention: Pretrial detainees. |
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Term
| How was the bill of rights incorporated into state law? |
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Definition
| Through the 14th amendment. Ref. Palko V. Conneticut & Benton V. Maryland. |
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