Evidence Outline


evidence of guilty plea of alleged accomplices never admissible under 403 if accomplice is not testifying



Download 295 Kb.
Page5/78
Date11.05.2021
Size295 Kb.
1   2   3   4   5   6   7   8   9   ...   78
evidence of guilty plea of alleged accomplices never admissible under 403 if accomplice is not testifying.

  • probative value: moderate. Alleged accomplice may not be an accomplice, and could have plead guilty for any number of reasons.

  • prejudicial value: very high

  • if the accomplice testifies, P can bring guilty plea up on direct to prevent impeachment by D and negative inferences.

    • If P didn’t bring it up on direct, D could introduce it on cross to show motive to falsify.

      • Even if D states in limine that he won’t bring it up, P still has proper purpose in preventing jury speculation as to why this guy is not on trial as well.

    • D gets instruction to use guilty plea only for credibility, and not to infer the guilt of D.

  • 5) Demonstrative Evidence – courtroom recreations of events.

    • opponent of evidence will attempt to show recreation is importantly dissimilar from real eventprejudicial, less probative  sometimes wins on 403.

    • eg, Fusco – car crash. D wants to admit demonstration of what happens when ball joint disengages as alleged.

      • disallowed as demonstration with professional driver, dry track, who expected it to happen. Thus so dissimilar as to be substantially more prejudicial than probative.

    • can sometimes get admitted if you make dissimilarities go in favor of opponent of evidence.



    Directory: sites -> default -> files -> upload documents
    upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case
    upload documents -> Federalism – The Structure of Government
    upload documents -> General Info About Property law
    upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton
    upload documents -> Property with Professor Vicki Been
    upload documents -> Property Outline – Professor Upham, Spring 2000
    upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
    upload documents -> Complex federal investigations
    upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations
    upload documents -> Pricing v. Sanctions


    Share with your friends:
  • 1   2   3   4   5   6   7   8   9   ...   78




    The database is protected by copyright ©essaydocs.org 2020
    send message

        Main page