Hearsay
An infamous civil case between two actors that notably had many hearsay objections
Depp v. Heard
Excluding genuinely relevant character traits to predicting behavior as evidence.
The propensity ban
The Supreme Court case establishing the standard of admissibility for expert testimony.
Daubert v. Merrell Dow Pharmaceuticals (1993)
Miranda warnings are within your ___ amendment rights
5th amendment rights
The two types of challenges that lawyers can make to strike jury members.
1) A for-cause challenge and 2) A peremptory challenge
Although generally considered hearsay, this type of statement is admissible when offered against the person who made it.
Party Opponent Exception to Hearsay
The class of crimes with special restrictions on the introduction of character evidence.
Sexual crimes
The previous Supreme Court standard centered around general acceptance.
Frye v. United States
The defendant admits doing the act, but argues the law should treat it as lawful given the circumstances.
Justification
The case where a son was charged with murdering his father, despite his father requesting and consenting to it.
State v. Forrest
Four elements of hearsay
1) A statement, 2) Made by a declarant, 3) Not made while testifying now, 4) Offered for the truth of the matter asserted.
Name 3 non-propensity reasons for introducing character evidence.
Motive, Opportunity, Intent, Preparation, Common Plan, Knowledge, Identity, Absence of Mistake
The Federal Rule of Evidence barring an expert witness from determining whether a defendant has met the criteria for an element of a crime.
FRE 704(b)
You can only be convicted of felony murder if you or your co-felon caused the killing.
The Agency View
If a declarant is unavailable, their statements can be admitted under one of these four conditions:
1) Former testimony, 2) Dying declaration, 3) Statement against interest, 4) Forfeiture by wrongdoing
A statement made primarily to help police respond to an ongoing emergency
Non-testimonial statement
Jared's mnemonic device for remembering the non-propensitory purposes for introducing character evidence.
MIMIC
double points: Motive, Intent, Mistake (absence), Identity, Common plan
The four requirements for qualifying an expert witness (according to the slides).
1) helpfulness
2) sufficient basis
3) reliable methods
4) reliable application
The four requirements of a valid warrant:
1) Probable cause, 2) Neutral magistrate, 3) Oath or Affirmation, 4) Particularity
The name of the civil judge we talked to
Michael O'Foghludha
This landmark Supreme Court decision stated that testimonial hearsay can't be admitted against a defendant if: 1) witness is unavailable, and 2) the defendant previously had an opportunity to cross-examine that witness
Crawford v. Washington
Federal Rule of Evidence 403 bars character evidence that is...
more prejudicial than probative
The 2023 state court decision limiting the admissibility of statements of unqualified certainty made by expert witnesses.
Abruquah v. Maryland
Four legal tests for insanity:
1) M'Naghten rule, 2) Irresistible Impulse, 3) Durham/Product test, 4) Model Penal Code
The demographic breakdown of the jury in North Carolina v. Tyson
10 women, 3 men; 6 white, 3 asian, 4 african american