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10 Cards in this Set

  • Front
  • Back
The 6th Amendment
In all criminal prosecutions the accused shall enjoy the right to be confronted with the witnesses against him.
Bourjaily v. United States
Facts: D charged with conspiring to distribute cocaine.
Rule: Under 801(d)(2)(E) the prosecutor must 1st establish that there was a conspiracy by a preponderance of the evidence under 104(a).
Whorton v. Bockting
Crawford has no retroactive force. Nontestimonial statements are only hearsay issues.
FRE 403
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the damage of unfair prejudice.
FRE 404(b)
Evidence of other crimes, wrongs, or act is NOT admissible to prove the character of a person in order to show action in conformity therewith. May be admissible to prove other things such as motive, intent, knowledge, ID.
The 6th Amendment
In all criminal prosecutions the accused shall enjoy the right to be confronted with the witnesses against him.
Bourjaily v. United States
Facts: D charged with conspiring to distribute cocaine.
Rule: Under 801(d)(2)(E) the prosecutor must 1st establish that there was a conspiracy by a preponderance of the evidence under 104(a).
Whorton v. Bockting
Crawford has no retroactive force. Nontestimonial statements are only hearsay issues.
FRE 403
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the damage of unfair prejudice.
FRE 404(b)
Evidence of other crimes, wrongs, or act is NOT admissible to prove the character of a person in order to show action in conformity therewith. May be admissible to prove other things such as motive, intent, knowledge, ID.