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Evidence Types and Admissibility

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Character Evidence

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Generally not admissible to prove conduct; however, it may be admissible for other purposes such as credibility.

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Physical Evidence

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Must be relevant and authenticated with a proper chain of custody maintained.

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Co-conspirator's Statement

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Admissible if made during and in furtherance of the conspiracy.

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Photographic Evidence

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Must be a fair and accurate representation of what they purport to depict and have been taken by a someone who can testify to their authenticity.

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Earwitness Evidence

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The witness must have been able to hear the sound in question, and the evidence should be relevant to the case.

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Demonstrative Evidence

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Must be relevant and aid the jury in understanding other evidence or facts in the case, without misleading them.

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Parole Evidence

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Generally not admissible to contradict, modify, or vary the terms of a written, complete, and final contract.

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Circumstantial Evidence

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Needs to sufficiently support the proposition it's intended to prove, and must pass the same admissibility criteria as direct evidence.

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Alibi Evidence

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Must demonstrate that the defendant was not present at the time and place of the alleged offense.

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Judicial Proceedings

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The record must accurately reflect the proceedings and decisions of the court.

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Forensic Evidence

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It must be obtained and analyzed using scientifically valid methods, and the expert presenting it must be qualified.

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Hearsay Evidence

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Generally inadmissible unless it falls under one of the many exceptions to the hearsay rule provided by law.

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Dying Declaration

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The declarant must have believed death was imminent, and the statement pertains to the cause or circumstances of the presumed death.

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Public Records

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Must be authenticated, cannot be used against a defendant in criminal cases unless certain criteria are met.

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Business Records

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Must be made in the regular course of business, at or near the time of the event recorded, and by an individual with knowledge of the event.

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Admission by a Party-Opponent

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The statement is admissible if it's offered against a party and was made by the party in an individual or representative capacity.

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Chain of Evidence

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Must establish the unbroken chain of evidence from the time it was collected to the time it is presented in court.

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Direct Evidence

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Must be relevant, material, and have probative value not substantially outweighed by the potential for unfair prejudice.

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Excited Utterance

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The statement must relate to a startling event and have been made while the declarant was under the stress of excitement caused by the event.

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Expert Testimony

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The expert must be qualified, the testimony must be based on sufficient facts or data and the product of reliable methods and principles.

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Judicial Notice

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Facts must be not subject to reasonable dispute either because they are common knowledge or capable of accurate and ready determination.

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Self-incrimination Evidence

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Generally not admissible due to the Fifth Amendment right protecting individuals from being compelled to testify against themselves.

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Res Gestae

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Statements must be spontaneously made as part of the events taking place and not the result of reflection or deliberation.

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Best Evidence Rule

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The original document is required to prove the content of a writing, recording, or photograph, unless exceptions apply.

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Privileged Communications

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The privilege must belong to a recognized category (e.g., attorney-client) and communication must have been made in confidence within the relationship.

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Digital Evidence

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Must be relevant, have been preserved without alteration, and the process for its extraction should be reliable and not prejudice the defendant's rights.

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Learned Treatises

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Can be used to the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert in direct examination.

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Presumptions

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An inference that the law requires to be made from particular facts; can be rebuttable or conclusive.

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Past Recollection Recorded

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The record must be on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately.

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Authentication of Evidence

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The proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.

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Spousal Privilege

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The conversation must have been made in private and not in the presence of or likely to be overheard by a third party.

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Opinion Evidence

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Non-expert opinion must be rationally based on the perception of the witness and helpful to understanding the witness's testimony or determining a fact in issue.

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Experimental Evidence

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Must be conducted under substantially similar conditions as the event at issue, relevant, and its probative value must outweigh any prejudice.

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Voice Identification Evidence

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The voice must be identified by someone who has heard the speaker speak at any time.

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Documentary Evidence

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Needs to be authentic, relevant and its authenticity must be proven unless it is self-authenticating.

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Habit Evidence

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Admissible to prove that the conduct of a person on a particular occasion was in conformity with the habit or routine practice.

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Ancient Documents

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Must be at least 20 years old, free from obvious alterations, and found in a place where such a document is expected to be.

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Statistical Evidence

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Must be relevant, and the statistical method used to produce it must be scientifically valid and properly applied.

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Real Evidence

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Must be relevant and authenticated by identification or a distinctive characteristic.

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Evidentiary Foundations

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Each item must be introduced with a foundation to establish that it is relevant, authentic and that any necessary predicates have been established.

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Testimonial Evidence

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Witness must be competent, must have first-hand knowledge and the testimony should be based on what was personally observed or experienced.

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Official Written Statements

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Must be a written statement of fact made by a public official in their official capacity at or near the time of the event.

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