Term
| What is the order of trial? |
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Definition
1)Opening Statements
2)Plaintiff or Prosecution Case-in-Chief
-Cross-examination by Defense
3)Defense Case-in-Chief
-Cross-examination by Plaintiff or Prosecution
4)Rebuttal & Sur-rebuttal (each w/ cross-X)
5)Closing Arguments
6)Jury Instructions |
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Term
| What are the reasons character evidence is generally excluded? |
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Definition
1) Distraction-collateral to the issue in this case
2) Prejudice – that jury would convict for past crimes/wrongs
3) Surprise ( though this can be “cured” by adequate notice)
4) Presumption of innocence (criminal cases) |
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Term
| What was peculiar about the Michelson case? |
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Definition
| The Court allowed the prosecution to ask D’s character witness about his prior crimes because the prosecution should be able to test the basis for the character witness’s testimony |
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Term
| What if there is a rumor circulating in the community, but there has been no arrest and its possible the rumor is completely unfounded? |
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Definition
Yes. If there is reason to believe the rumor is truthful
However, an unfounded rumor is deemed to be prejudicial, so courts require the questioner to have a good faith belief that the rumored act actually occured. |
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Term
| Accused who uses character evidence under 404(a)(1) “Mercy Rule” allows 3 perhaps dangerous “open doors. Name those doors |
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Definition
1)Rebuttal 404(a)(1) witnesses: direct exam by pros.
2)Cross-X of accused’s character witness: “Testing” ( as was permitted by Michelson case)
3)Impeachment of accused’s character witness:
-608 “Character” for Truthfulness of character witness
-609 Conviction of Crime by character witness
HOWEVER, use of a character witness by itself doesn’t open the accused directly to 608/609 type of impeachment. This happens only when the accused becomes a witness! |
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Term
| Can you ask an event/transaction witness questions about ∆'s character? |
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Definition
| No, putting an event witness on the stand open the door to accacks on the accused character. |
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Term
| Does the character witness have to know the ∆? |
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Definition
No, W just has to have sufficient familairy witht eh ∆'s reputation and;
- Come from a community where the ∆ has substantial connections |
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Term
| When introducing evidence of specific instances, what can and cannot be brought on and when? |
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Definition
Evidence of specific instances is mainly use on cross-x of a witness the defense has put on.
- No extrinsic evidence is allowed.
- Prosecutor must have a good-faith basis to believe the incidents actually occured.
- The acts must be relevant to the particular character trait |
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