I. Relevance
To be admissible in court, evidence must be relevant. This means it must have "any tendency" to make a fact more or less probable (Rule 401). The threshold for relevance is low. Even evidence with the slightest probative value is sufficient. For example, if a defendant possesses a weapon matching the one used in a crime, this evidence is relevant because it increases the likelihood of their involvement.
However, even logically relevant evidence can be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusing the issues, misleading the jury, or wasting time (Rule 403). Judges have discretion in applying Rule 403 and may provide limiting instructions to the jury. For example, gruesome crime scene photos may be excluded if their shock value outweighs their relevance.
II. Witness Examination
A competent witness must be able to perceive, recall, and communicate the event, and understand their duty to testify truthfully.
Direct Examination: The party calling the witness asks open-ended questions. Leading questions are generally prohibited, except for hostile witnesses or preliminary matters.
Cross-Examination: Opposing counsel uses leading questions to test accuracy, reliability, credibility, and potential biases. The scope is generally limited to topics raised during direct examination.
Redirect/Recross: Redirect examination clarifies issues raised during cross-examination. Recross-examination challenges new issues introduced during redirect.
Common Objections: Hearsay, Relevance, Leading Questions, Speculation, Argumentative Questions, Asked and Answered, Improper Impeachment
III. Impeachment
Impeachment challenges a witness's credibility.
Methods:
Prior Inconsistent Statements: A previous statement contradicting the witness's testimony (not hearsay if used only to impeach).
Bias or Motive to Lie: Reasons for the witness to favor one side (always relevant).
Conviction of a Crime:
Felonies: Admissible if probative value outweighs prejudicial effect.
Crimes Involving Dishonesty: Always admissible.
Convictions older than 10 years are generally inadmissible.
Reputation for Untruthfulness: Attacking the witness's general character for dishonesty.
IV. Privileges
Privileges protect certain confidential communications.
Attorney-Client Privilege: Protects communications between a lawyer and client for legal advice (client holds the privilege). Exceptions: Crime-fraud, waiver, joint representation.
Spousal Privileges:
Spousal Immunity: A spouse cannot be forced to testify against their spouse in criminal cases (only during the marriage).
Marital Communications Privilege: Protects confidential communications between spouses made during the marriage (survives divorce, both criminal and civil cases).
V. Expert Testimony
Expert testimony provides specialized knowledge. An expert must have specialized knowledge, training, or experience.
Reliability Standards:
Daubert Standard: Judges assess reliability and scientific validity.
Frye Standard: Expert testimony must be based on widely accepted scientific principles.
Experts cannot state legal conclusions.
VI. Hearsay
Hearsay is an out-of-court statement offered for the truth of the matter asserted and is generally inadmissible.
Non-Hearsay: Prior Inconsistent Statements (impeachment), Prior Consistent Statements (rehabilitation), Prior Identifications, Admissions by a Party-Opponent.
Hearsay Exceptions: Some require the declarant to be unavailable (Dying Declarations, Statements Against Interest, Former Testimony). Some apply regardless of availability (Excited Utterance, Present Sense Impression, Statements for Medical Diagnosis or Treatment, Business Records, Public Records).
Confrontation Clause: Guarantees criminal defendants the right to confront their accusers. Testimonial hearsay is inadmissible unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.
VII. Strategic Considerations
Objecting to
