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8 Cards in this Set
- Front
- Back
Authentication
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The object must be identified as being what the proponent claim it to be
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How do you authenticate objects?
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Through
-Recognition Testimony _chain of custody |
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How does defendant prove charcater evidence?
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Defendant can introduce evidence of good charcter through reputation and opinion
-specific act is not allowe -charcter trait must be relevant to the type of crime he is charged with |
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If D opens the door how does the prosecution rebut?
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-cross examination
-by showing through reputation or opinion that D has the opposite trait |
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Victim in criminal cases-Charcater Evidence
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D may introduce through opinion or reputation of bad charcter of victim
-prosecution can rebut by showing i-victim's good charcter ii-defendant's bad charcter of the same trait iii-rape victim's past behavior not allowed |
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FRE 404
Charcter Evidence-Specific Act or Misconduct |
Evidence of a person's other conduct or other crimes or misconduct is inadmissible if such evidence is offered solely to show criminal disposition
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404B MIMIC
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motive
intent absence of mistake identity common plan or scheme |
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404 B definition
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Evidence of other crimes or misconduct is admissible if these acts are relevant to some issue other than defendant's character or disposition to commit the crime charged( MIMIC)
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