Chapter 4 - CHAPTER 4 Statutory Limits on Particular Evidence

JurisdictionUnited States

Chapter 4 Statutory Limits on Particular Evidence

A. Character & Related Evidence

§1 Overview

§1.1 Categories of behavioral evidence
§1.2 Purpose of behavioral evidence
§1.3 Types of evidence admissible to prove behavioral evidence

§2 Character evidence offered to attack or support witness credibility

§3 Character evidence offered to prove propensity

§3.1 Generally excluded
§3.2 Exception—Defendant's good character
§3.3 Exception—Victim's negative character
§3.4 Exception—Defendant's propensity to commit sexual offenses
§3.5 Exception—Defendant's propensity to commit family violence

§4 Character evidence of other acts offered for nonpropensity purposes

§4.1 Admitting Evid. C. §1101(b) evidence
§4.2 Rebutting Evid. C. §1101(b) evidence
§4.3 Jury instruction

§5 Character evidence offered to prove ultimate fact in dispute

§6 Profile evidence offered against defendant

§6.1 Admitting profile evidence
§6.2 Rebutting profile evidence
§6.3 Jury instruction

§7 Syndrome evidence offered to explain behavior

§7.1 Admitting syndrome evidence
§7.2 Rebutting syndrome evidence
§7.3 Jury instruction

B. Impeachment & Rehabilitation of Witnesses

§1 Overview

§1.1 Parties that can impeach or rehabilitate
§1.2 Who can be impeached or rehabilitated
§1.3 Methods of impeachment & rehabilitation

§2 Scope & limits of impeachment & rehabilitation

§2.1 General scope
§2.2 Limitations on relevant evidence

§3 Specific types of impeachment evidence

§3.1 Demeanor
§3.2 Character of testimony
§3.3 Capacity to perceive, recollect, or communicate
§3.4 Opportunity to perceive
§3.5 Character trait of dishonesty or truthfulness
§3.6 Bias, interest, or motive
§3.7 Prior consistent or inconsistent statement
§3.8 Existence or nonexistence of fact asserted by witness
§3.9 Attitude toward action or testimony
§3.10 Admission of untruthfulness

§4 Impeaching specific witnesses

§4.1 Impeaching character witness
§4.2 Impeaching victim of sexual offense

C. Privileges

§1 Overview

§1.1 Source of privileges
§1.2 Judicial interpretation
§1.3 Types of privileges
§1.4 Application of privileges
§1.5 Exceptions to privileges
§1.6 Waiver of privileges
§1.7 Invoking privileges
§1.8 Determining merits of privilege
§1.9 No comment on or inference from exercise of privilege

§2 Defendant's testimonial privilege

§2.1 Overview
§2.2 Elements of defendant's testimonial privilege
§2.3 Exceptions to defendant's testimonial privilege
§2.4 Waiver of defendant's testimonial privilege
§2.5 Invoking defendant's

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