Evidence Flow Chart

STEP 4: ANY CONSTITUTIONAL ISSUES? Constitutional Issues Confrontation Clause No Civil A's right to face his accuser; Ban on Testimonial Stmnts (anything made for court) Con confession is violation If A is not testifying Compulsory Process Clause The Compulsory Process Clause guarantees criminal defendants the right to subpoena witnesses and present exculpatory evidence. Intrinsic: Feicienos pertinent to the main issue of the case Extrinsic: Percinent to a side issue like witness credibility (1) Declarant-Witness Prior Statement a) Inconsistent with Prior Statement b) Used to Impeach or Rehab (2) Opposing Party Statement a) Made by the Party b) Adopted Statement. c) Authorized Party d) Agent of Party ) Co-Conspirator (1) Present Sense Impression (2) Excited Utterance (3) Then-Existing Impressions/State (4) Medical Diagnosis (5) Recorded Recollection (6) Reg. Cond. Biz. Activity (8) Public Records (1) Former Testimony (2) Dying Declaration (3) Statement Against interest of Mind Separate the Statements: Fit Each into a Hearsay Excoption or Exemption STEP 5: DOES A PRIVILEGE APPLY? Attorney Client Privilege-503. Holder: only Client, attorney can claim privilege but only to protect Client Marital Privileges Total Spousal Immunity Criminal Holder, the Witness Spouse Must be a validi marriage Does not survive the end of marriage Confidential Marital Communications Criminal or Civil Holder: either Spouse Only relates Confidential Statements Survives Divorce, but not annulment. Remember: 404 THEN 404(b) Non-Propensity Reasoning Judicial Notice-201 Only governs adjudicative facts Criminal-Jury Instruct is NOT Binding Civil Jury Instruct 15 binding Is general knowledge Almanac or encyclopedic facts courts own recards. well-known scientific principais 801 Exemptions 803-Declarant Availability Immaterial 804-Declarant Unavailable 1) Privilege Applies (2) Refuses despite Order 3) Doesn't Remember 4) Mental/Physical Illness (5) Cant Get in Other way 805-Hearsay within Hearsay Hearsay-801 1. Out of Court 2. Staternent 3. Offered for the Truth Character Evidence 404 Propensity Reasoning Reputation or Opinion Criminal 404(a)(2)(a) - Opened the Door to his Own Character Crimes Wrongs and Other Acto 404(8)(2)(b) - A Opened the Door to the Victim's Character Criminal 404(b)(2)-Motive, Intent, Mistakes, ID, Common Plan 105-Get a Limiting Instruction regarding the purpose for the evidence! 404(a)(2)(c)Homicide Exception: Self Defense 608(a) Attack Character for Truthfulness (must have been attacked first!) (Or D must have taken the stand 405(b) Essential Element IS THE COURT NOTICING A FACT? Identify the Evidence STEP 1: IS IT RELEVANT Expert Witness 702 Not Limited to the Scientific and Technical but Extend to all Specialized Knowledge Remember 10 keep an eye out for leading questions on direct (FRE 611) STEP 3: IS IT HEARSAY EVIDENCE Mon-Hearsay Us of Out of Court Commence of STEP 2: IS IT CHARACTER EVIDENCE Specific Instances 405(a) on Cross Exam 405(b) Essential Element 608(b)-Attack Character for Truthfulness on Cross- no Extrinsic Evidence 609(a)(1)- Prior Conviction (10 years/Punished by < Tyear/death) 609(a)(2) Any Crime of Dishonesty 406-Habit Lay Opinion Evidence 701 Rationally Based on Witness's Perception Oath 603; Competent 601; Relevant Evidence 401 Makes a Fact in Issue More or Less Likely. Irrelevant Evidence is Not Admissible 402 Need for Personal Knowledge 602 Balancing Test 403 Court may Exclude Relevant Evidence if its Probative Value is Substantially Outweighed by Unifair Prej. Does it fall under a recognized Relevant but Excluded Rule? 407-Subsequent Remedial Measures 408-Compromise Offers and Negotiations 409-Offers to Pay Medical 410-Pleas, Plea Discussions, and Related Statements 411-Liability Insurance