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22 Cards in this Set
- Front
- Back
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three main relevance provisions of the FR
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401, 402, & 403
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rule 403
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evidence may be exluded if its probative value is substantially outwighed by the danger of:
unfair prejudice confusion of the issues misleading the jury considerations of undue delay waste of time needless presentation of cumulative evidence |
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rule 402
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relevant evidence is admissible (with some exceptions
irrelevant is not |
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rule 401
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defines "relevant evidence" as evidence having ANY tendancy to make the existance of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence
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"relevant evidence"
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evidence having ANY tendancy to make the existance of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence
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material
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fact that is of consequence to the determination of the action
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unfair prejudice
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Factfinder might reacht to aspects of evidence in a way that is not supposed to be part of the evaluative process
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404
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Character Evidence Not Admissible To Prove Conduct
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Who can introduce character evidence in a criminal proceeding
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the accused
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Which rule covers Character Evidence Not Admissible To Prove Conduct?
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404
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When can a prosecutor deal with character evidence?
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to rebut the character evidence introduced by the accused.
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When is evidence of other crimes, wrongs, or acts admissible?
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As proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident (miami cops)
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404(a) bans
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evidence of character traitoffered to prove action in conformity therewith
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if character evidence passes muster under 404 does a judge have to admit it?
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no the language just says "may" be admitted and the jusdge will usually look at the evidence under 403 to see if probative value is substantially outweighed by risk of unfair predjudice, confusion of the issues or undue delay.
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406 deals with
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habit & routine practice
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rule 406 states
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Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
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406 corporations
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routine practice
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406 persons
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habit
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413
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exception to 404 that prior sexual assault can be used to show propensity
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414
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exception to 404 that prior child molestation can be used to show propensity
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Rule 405 (b)
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exception to propensity ban when charecter is the issue it can be used
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Exceptions to propensity ban
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1. criminal accuseds charecter
2. criminal acused victim 3. trial witnesses (truthfulness 4. sexual assualt 5. child molesters 6. charecter is the issue 7. habit |
