Term
| What are the requirements for expert testimony? |
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Definition
1) May give opinion if the opinion relates to scientific, technical or specialized knowledge.
2) Opinion will assist the trier to understand the evidence or determine the fact in issue
3) Testimony is based on sufficient facts/data and product of reliable principles and methods and W has applied those principles reliably to the facts of the case |
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Term
| Do facts relied on by the expert witness need to be disclosed to the court? |
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Definition
| No; except on cross-exam or as required by the court |
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Term
| Is formal academic training required to be an expert? |
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Definition
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Term
| Are opinions on the mental state of criminal defendant allowed during testimony? |
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Definition
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Term
| What are the requirements for successful objections to keep evidence out? |
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Definition
1) Not automatic
2) Timely
3) Specific |
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Term
| If the judge sustains objection what must the proponent do in order to preserve his right to argue on appeal? |
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Definition
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Term
| When is character in issue and what types of evidence are admissible |
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Definition
| When character is an essential element of the case; all 3 Opinion, Reputation and Specific Acts are allowed |
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Term
| What is the general rule of the admissiblility of other crimes & bad acts in criminal cases |
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Definition
| P may NOT introduce evidence of other crimes or bad acts that did not lead to convictions committed by D for the purpose of proving action in conformity |
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Term
| When can prior bad acts or other crimes be admissible? |
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Definition
| When used to establish circumstantially some element of the crime charged (proof of motive, opportunity, intent, preparation, plan, knowledge, identity (common plan or scheme)E or absence of mistake or accident, signature or "m.o") |
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Term
| What type of character evidence is allowed in all courts in a criminal case? |
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Definition
| Evidence of Criminal defendant's general good character. Evidence that he possess a narrow favorable trait is also allowed if relevant to the crime charged. |
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Term
| How can character of criminal defendant be proved? |
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Definition
| FRE: Opinion and Reputation |
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