Relevance
all relevant evidence is
admissible
What are the three forms of character evidence?
Does the person have to personally set the fire or cause the explosion to be found guilty of Arson in the 2nd degree?
No
who may impeach a witness?
any party, including the party that called the witness, can attack their credibility.
Who is competent to testify as a witness?
Anyone, unless the rules provide otherwise
(1) it has any tendency to make a fact more or less probable than it would be without evidence; and
(2) the fact is of consequence in determining the action
What are the defendant's methods of proving character?
What is "by reputation or opinion testimony"
a person is guilty of arson in the 2nd degree when that person:
what is, "intentionally damages a building by starting a fire or causing an explosion"
the methods in attacking or supporting a witness's credibility are?
Opinion and Reputation testimony
Cross examination is generally limited to:
1. the scope of the direct examination and
2. matters that test the credibility of the witness
a trial judge can exclude relevant evidence if:
its probative value is substantially outweighed by the dangers of unfair prejudice
(also, confusion of issues, misleading the jury, undue delay, waste of time, and needless presentation of cumulative evidence)
Evidence of a crime, wrong, or other act, is __________ to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character
what is, "not admissible"
Allie accidentally left the candle burning at her office after leaving work and the building burns down. Is she guilty of Arson, 2nd degree?
generally, evidence involving a witness's criminal convictions is not admissible for the purpose of attacking their credibility, if a period of ________ has elapsed since the date of conviction or release
10 years
a witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has __________ _____________ of the matter
personal knowledge
Evidence of the theater's insurance policy is relevant because:
it shows that it is more probable that Sam Silverscreen would have intentionally set fire to the movie theater
Permitted uses of crimes and other wrong acts include
HINT: MIMIC
what is (1) motive, (2) intent, (3) mistake (absence of), (4) identity, and/or (5) common scheme or plan
*opportunity, preparation, knowledge, lack of accident
Lyle assisted his friend Connor to intentionally start a fire in the football locker room after the last season's game... is he guilty of Arson in the 2nd degree?
Yes
The court has no discretion to bar impeachment of these types of crimes
crimes involving dishonesty or false statement
__________ _____________ is generally not admissible to prove specific instances of a witness's conduct in order to attack or support the witness's character for truthfulness
Extrinsic Evidence
Evidence of Brooklyn Booth's write ups are relevant because:
what is, it shows that she is continuously having problems with handling the popcorn machine, which was determined to have ultimately caused the fire
Analysis: this evidence has a tendency to make the fact that the fire was an accident versus intentionally set more probable than it would be without the evidence and it is of consequence in helping determine the action
When the D offers evidence of their own pertinent character trait, and its admitted, the prosecutor may....
HINT: What is the practice of offering the defendant's bad character called?
what is "offer evidence to rebut the defendants said pertinent character trait"
* opening the door
What is the aiding and abetting theory of Arson?
a person may be guilty of arson under this theory if that person knowingly assisted or encouraged another person to intentionally start a fire or cause an explosion
2. when the witness needs help responding because of loss of memory, immaturity, or physical or mental weakness
3. when the witness is hostile, an adverse party, or a witness affiliated with the adverse party
For a Defendant's act under DRE 404(b) to be admissible in Delaware, it must be:
1.Material to an issue in the case
2.Not too remote in time from the charged crime
3.Proven by plain, clear, and conclusive evidence
4.Subject to the 403 balancing test