FED. EVID.
Terms
undefined, object
copy deck
- HEARSAY
- BED SPLITS PAPPI
- Impeachment “PMBR RAP â€
- â—‹ P Prior conviction â—‹ M faulty Memory or perception â—‹ B Bias â—‹ R Reputation â—‹ R Rehabilitation â—‹ A bad Acts â—‹ P Prior inconsistent statements
- Privileges – “DAM PEN â€
- â—‹ * Doctor / therapist / counselor â—‹ * Attorney - client / work product
- Self- authenticating writings – “ANTC SAD COC â€
- â—‹ * Ancient Documents (20+ yr) â—‹ * Newspapers / Mags â—‹ * Trade Inscriptions â—‹ * Commercial Paper ($) â—‹ * Seal â—‹ * Acknowledged â—‹ * Domestic / Foreign Public Docs â—‹ * Certified Public Records â—‹ * Official Publications â—‹ * Certified Business Records
- Ways to Impeach – “BICC â€
- â—‹ * Bias â—‹ * Inconsistent Statements â—‹ * Character â—‹ * Capacity
- Non - character evidence purposes – “MIMIC â€
- â—‹ * Motive â—‹ * Intent â—‹ * Mistake, Absence of â—‹ * Identity (modus operandi) â—‹ * Common Plan or Scheme
- *Unavailability Req.- Identificationprior statement
- ○ * Former Testimony (unavail. Req.) ○ *Unavailability Required in “DIFF †§ * Dying Declarations § * Interest, Declarations against § * Former Testimony § * Forfeiture
- Hearsay Exception Summary: â—‹ “BED - SPLITS - PAPPI - F â€
- § * Business Records § * Equivalent (residual catch - all – Fed. Only) § * Dying Declarations (unavail req. in Fed) § * Spontaneous / Excited Utterance / § * Present Sense Impression (Fed Only) § * Public Records (judgments, com. lists, official records) § * Learned Treatises § * Interest, Declarations Against (unavail. Req.) § * Testimony, Former (unavail. Req.) § * State of Mind, then - existing § * Past recollection recorded § * Admissions (direct; adopted; authorized; conspirator) § * Prior Inconsistent Statements § * Prior consistent Statements § * Identification, prior statement of * Former Testimony (unavail. Req.)
- § Four hearsay exemptions:
- □ "I ’m in the CIA" □ Identification □ Consistent and inconsistent prior statements □ Identification □ (Party opponent) Admissions
- Hearsay exceptions for which unavailability required: DAFT
- â–¡ Dying declaration â–¡ Against interest â–¡ Family or personal history â–¡ Testimony
- Impeachment - SICO
- Level of acceptance Impeachment - SICO Specific Instances Cross - examination Only
- Daubert = PETA
- Publication/peer review, Error rate, Tested & ability to retest
- Foundation for expert witness: â—‹ "High Quality Confident Sober Researcher"
- § Helpful to trier of fact § Qualified § Certainty § Supported by proper factual basis § Reliable principles
- 404(6): But may be admitted if offered by π to prove material fact other than character or disposition: if relevnt to show 'OK! I ’M A pimp.'
- 'OK! I ’M A pimp.' i. Opportunity ii. Knowledge iii. Identity (e.g. stolen gun used; signature crimes) iv. Absence of Mistake (or accident) – v. Prep vi. Intent (guilty knowledge, lack of GF) vii. Motive (burning building to hide embezzlement) viii. (Common) Plan or scheme
- HEARSAY EXCEPTIONS CONSTITUTING UNAVAILABILITY: PRIMA
- PRIMA â—‹ (P)rivilege; â—‹ (R)efusal to testify; â—‹ (I)ll or dead; â—‹ (M)emory; (A)bsent.
- HEARSAY EXCEPTIONS REQUIRING UNAVAILABILITY: hearsay exceptions applying only if declarant is unavailable:
- â—‹ (D)ying declarations; â—‹ (A)gainst interest declarations; â—‹ (F)amily and personal history statements; â—‹ (T)estimony, former.
- HEARSAY EXCEPTION - BUSINESS RECORDS: â—‹ KRAP
- â—‹ KRAP â—‹ (K)eep; â—‹ (R) egular course; â—‹ (A)t or near the time; (P)ersonal knowledge.
- SELF -AUTHENTICATION: CONTAC
- Likelihood of forgery or tampering so small that proponent not required to present any evidence to establish that the item is what it purports to be. § (C) ommercial paper; § (O)fficial publications; § (N)ewspapers and periodicals; § (T)rade inscriptions; § (A)cknowledged documents; (C)ertain public records.
- OTHER CRIMES, WRONGS, OR ACTS EVIDENCE ADMISSIBLE FOR NON - CHARACTER PURPOSES: MIAMI COP
- Purposes for which other crimes, wrongs, or acts evidence (sometimes referred to as evidence) may be offered: (M)otive; (I)dentity; (A)bsence of (M)istake or accident; (I)ntent; (C)ommon plan or scheme; (O)pportunity; (P)reparation.
- FOUR PRELIMINARY FACT QUESTIONS FOR THE JURY: BARK
- â—‹ BARK â—‹ (B)est Evidence Rule; â—‹ (A)uthenticity; â—‹ (R)elevance; â—‹ (K)nowledge.