ITT: Evidence Forum

[Blumpbeef]

Tyty

[olive16]

Can a present sense impression be contained in a writing?

For example, what if a cop jots down in his notebook that: "It is 12:45 AM. I'm looking right at the suspect. He has a beard and an eye-patch."

Could this be introduced to show that the suspect did in fact have a beard and an eye-patch under 803(1)? Or would you have to go to 803(5)?

I know 803(8) and (7) are no-goes.

[Blumpbeef]

803(1): a statement describing....

801((a): "Statement" means a persons oral assertion, written assertion...

So, yes.

As for 803(5): "a record on a matter the witness ... cannot recall ..."

I think you would want to use 803(1) because it would allow you to bring the record directly into evidence as an exhibit instead of just read into evidence. You also won't need to show that it is on something that the witness cannot currently recall.

ETA: although, and I don't really know the case law on this too well, but 803(8) might keep this out regardless. ie. if it is inadmissible under 803(8), then it is inadmissible period. ETAA: From what I can tell, it would be admissible if the maker of the report testifies to its authenticity and is subject to cross, but if not 803(8) might exclude it.

[Birdnals]

ETA: although, and I don't really know the case law on this too well, but 803(8) might keep this out regardless. ie. if it is inadmissible under 803(8), then it is inadmissible period. ETAA: From what I can tell, it would be admissible if the maker of the report testifies to its authenticity and is subject to cross, but if not 803(8) might exclude it.

I believe it would be excluded regardless of if the guy came in and testifies about it. It would be bolstering his testimony with a consistent statement as what he is testifying about (presumably), and if he fucks up and there is an attempt to impeach their own witness the prosecution may get into trouble for improper motive. It could only come in to rebut inferences of recent fabrication or something.

Of course if it is not an adversarial police report (like he is counting how often a light turns green and writing it down but not investigating a crime or something) then it could come in for present sense impression.

[mtyler19]

My exam is in a few hours and I don't really understand character evidence in civil or criminal cases. Can anyone help me out?

[Pleasye]

My exam is in a few hours and I don't really understand character evidence in civil or criminal cases. Can anyone help me out?

General ban on evidence that is used to show that on a particular occasion a person acted in accordance with a character trait they have (generally violent person commits assault because they're violent). You can use previous crimes wrongs or other acts to prove motive intent plan etc (404(b)). 404(b) applies to both civil and criminal cases.


In criminal cases it can be used in certain instances when the defendant opens the door. Those are when the D provides evidence of his own good character, the victims pertinent trait (D claims self-defense and offers evidence that V was first aggressor).

In a homicide case the prosecutor can offer evidence of the victims peacefulness if D has offered evidence that V was first aggressor.

I pretty much just typed out the rule but if you have specific questions it might be easier to help.

[mtyler19]

My exam is in a few hours and I don't really understand character evidence in civil or criminal cases. Can anyone help me out?

General ban on evidence that is used to show that on a particular occasion a person acted in accordance with a character trait they have (generally violent person commits assault because they're violent). You can use previous crimes wrongs or other acts to prove motive intent plan etc (404(b)). 404(b) applies to both civil and criminal cases.


In criminal cases it can be used in certain instances when the defendant opens the door. Those are when the D provides evidence of his own good character, the victims pertinent trait (D claims self-defense and offers evidence that V was first aggressor).

In a homicide case the prosecutor can offer evidence of the victims peacefulness if D has offered evidence that V was first aggressor.

I pretty much just typed out the rule but if you have specific questions it might be easier to help.

That was perfect thank you!!

[paulinaporizkova]

I'm super late to this party. Was gonna take tomorrow but might wait til friday. Kind of embarrassed to be saying this as a 3L but this shit is sneaky hard.

But I did ask my friend to loan me an E&E last week and he said he'd put it in my mailbox. Got there the next day and found 4 separate hornbooks, one of which was the E&E.

So I got that goin for me

[paulinaporizkova]

Can specific acts probative of truthfulness (say, to ask W if he's cheated on his income taxes) come in on cross under Rule 608 even against an eyewitness or a non-character witness and before any direct reputation/opinion evidence has come in? Or can you only ask about specific instances on cross to a person already testifying as a character witness (i.e. giving reputation/opinion evidence). I think it's the former. Just want to double check.

[Pleasye]

Any witness can be attacked for character for truthfulness. So yes it's the former.

[paulinaporizkova]

Any witness can be attacked for character for truthfulness. So yes it's the former.

thanks girl. you seem very prepared

[Pleasye]

Any witness can be attacked for character for truthfulness. So yes it's the former.

thanks girl. you seem very prepared

I hope so since I took the exam yesterday

[Hutz_and_Goodman]

is there any F.R.E rule for curative admissibility or is it a common law principle?

thanks