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27 Cards in this Set

  • Front
  • Back
All relevant evidence is admissible in a criminal case
proposition 8 rule
1. evidence obtained in violation of the exclusionary rule (in violation of someone’s constitutional rights)
2. Obtained in violation of any exclusionary rule that California adopts post 1982 by a 2/3 vote post legislature.
3. Anything that was privileged in 1982 is exempt.
a. Anything based on a confidential relationship.
4. The protections that apply for the media still stand.
5. Hearsay rules still stand. If it is hearsay then it is still inadmissible.
6. Probative v. Prejudicial
7. Rape Shield Statutes
proposition 8 exempts 7 things
b. Criminal Question in a California Court
c. Analysis
i. Ordinary Evidence Rules and Determine if Applicable
ii. is it exempted under proposition 8 (7 exemptions)
iii. If no then conclude that prop 8 makes it admissible.
1. Always discuss probative v. prejudicial
d. Subsequent Remedial Measures: do not apply to products liability cases.
proposition 8
you can offer evidence of subsequent remedial measures in a product case.
california evidence code 1151
a. Anything contained in a sentence that contains an offer to pay medical expenses are all excluded.
payment of medical expenses
a. California makes that all conversation within mediation is not admissible as evidence.
a. A defendant can introduce evidence that they acted in conformity therewith. Prosecutor cannot do this, only defendant.
character evidence
b. Victims Character: evidence of the victim’s character to show that they acted in a certain way at that time; you can use reputation unless it is a sex crime victim.
c. Homicide or Self Defense: defendant can introduce evidence that victim is violent then prosecution can introduce evidence that defendant is violent.
d. Defendant in a sex crime case may offer evidence of the victim’s prior sexual conduct to show that you believe she consented.
e. California does not allow propensity evidence about the defendant in a sexual assault, child abuse, elder abuse, or domestic violence case.
character evidence
a. In California they make no distinction between civil or criminal case and judge can tell the jury to accept the facts as proven.
judicial notice
a. Allows other written evidence even if original not lost or destroyed.
secondary evidence rule
is inadmissible to prove contents of a writing except:
a. original is lost
b. A lot of items in original and you want to prove bottom line.
c. the proponent cannot get the original
d. Cannot get a copy of the original and the writing isn’t so worth while you can’t spend time tracking it down.
oral testimony
a. Have to let the other side inspect at or before trial
b. Or use the original or duplicate.
where you possess the original document anad plan to prove the contents of the writing in a criminal case
a. Exception to the hearsay rule in California.
past recollection recorded
a. Where you have used something to refresh someone’s memory before trial or at trial, you have to produce it if the opponent has asked you for a copy of the original to refresh the recollection.
b. Unless the proponent doesn’t have the writing and can’t get it.
refreshing recollection
a. Lay Opinion
b. Expert: has to be based on something that is generally accepted as valid and reliable in the scientific field.
opinion testimony
a. Prior inconsistent statements do not need to be under oath and maybe used for both substantively and impeachment.
a. Can admit any felony so long as it hasn’t been expunged or pardoned, a crime of moral turpitude, and where its probative value is not outweighed by prejudice.
b. Misdemeanors are allowed if they are crimes of moral turpitude. They are not available for impeachment in a civil case.
c. Can admit a misdemeanor over a hearsay objection.
d. Not allowed in a civil case to ask someone on impeachment about prior arrest and bad acts.
e. In a criminal case everyone can ask away under section 8, but must weight probative v. prejudicial.
An attorney client privilege is gone when your client dies and there state must be distributed and there personal representative must be discharged. There is no attorney client privilege where the attorney is attempting to stop a crime that would result in death or substantial bodily harm.
attorney client privilege
applies to licensed physicians and staff. Apples to both treatment and diagnosis.
a. It doesn’t apply to criminal cases, something that is required recordable information, confidently case, and a proceeding where we are trying to suspend or revoke a professional license.
doctor patient privilege
a. Spousal Privilege: applies to all proceedings and when spouse is a party you may not be called to witness stand.
b. CA adds prior ID: you have to identify person while your memory is fresh and you have to come in and confirm in court.
c. Declarant unavailable of Memory and refusal to testify do not count to prove someone is unavailable.
d. Former Testimony: no privities requirements
e. Social interest is something that makes you the object of hatred, ridicule, or social disgrace.
f. Statement against interest: no corroboration needed
g. Dying Declaration: the person must have died. Statement about what actually killed them. Admissible where it is relevant to know what killed
declarant unavailable
a judge can exclude where it is made under suspicious circumstances.
state of mind
statements that you make while you are doing something to explain or clarify what they are doing.
contemporaneous statements
XX. No present sense impressions
california evidence rule
XXI. Past body conditions and past state of mind where the declarant is unavailable and in issue.
california evidence rule
do not automatically object to police reports. Judge has to determine that the statements in police report are trustworthy.
under official records and writing
the Federal it is 20 and in California it is 30. Also have to determine that it is accurate.
ancient documents rule
XXIV. No catch all exception
no catch al exception