Federal Rules of Evidence Essays

3976 Words Mar 12th, 2013 16 Pages

1. Summarize the Federal Rules of Evidence in your own words.

The Federal Rules of Evidence (F.R.E.) enacted in 1975 and replaced prior centuries of various and sundry judge made caselaw. The F.R.E. is a complex set of statutes or penal codes legislated with the intent of replacing unfair evidentiary submission and/or unnecessary expense and delay among the courts. The basic concept behind the F.R.E. is the need for a consistent and predictable federal rule set that would promote fairness and ensure justice. These rules also allow a measure of consistency and reliability applied in a civil or criminal matter.

Indicate in your post whether the following pieces of evidence would be admissible or
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This is an exception to the general rule that character may not be proved to show action in conformity with it. There are three possible ways to prove a character of untruthfulness--testimony of specific instances of untruthfulness, the opinion of another witness who knows the target witness concerning his honesty, and testimony concerning the target witness's reputation in the community for truthfulness. The federal rules allow all three methods. Fed. Rules Evid. 405, 608. After a witness's credibility has been attacked, he may be accredited any of three ways:
1. He may explain any damaging facts.
2. Where the witness's character for truthfulness has been impugned, testimony of another witness concerning his opinion of the honesty of the target witness or of the target witness's reputation in the community for honesty may be offered. Fed. Rules Evid. 608(a).
3. Where the witness's testimony has been attacked as a recent fabrication, extrinsic evidence may be offered of a prior consistent statement made before there was a motive to lie. Fed. Rules Evid. 801(d) (1).

The testimony of witnesses used to impeach the veracity of another witness may be impeached in the same ways as that of other witnesses. In particular, where a witness has offered an opinion of the honesty or reputation for honesty of another witness, the character witness may be asked whether he knew of, or whether his opinion would

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