Hawaii Burden of Proof - Physical Evidence Not Produced

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Multi-State
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US-00876
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Description

Sample Jury Instruction - This sample jury instruction directs the jury that the burden of proof is on the state to prove the Defendant's guilt.

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FAQ

A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client (1) between the client or the client's representative and the lawyer or the lawyer's representative, ...

The criterion of Rule 702, that expert testimony "assist the trier of fact to understand the evidence," necessarily incorporates a reliability factor and thus countenances a Frye-like inquiry as an ingredient of the reliability determination.

R. Evid. 404. It operates to exclude generally evidence of a person's character "for the purpose of proving that he acted in conformity therewith on a particular occasion." The exclusion represents a particularized application of the principle of Rule 403 supra.

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

The criterion of Rule 702, that expert testimony "assist the trier of fact to understand the evidence," necessarily incorporates a reliability factor and thus countenances a Frye-like inquiry as an ingredient of the reliability determination.

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Rule 609 Impeachment by evidence of conviction of crime. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime is inadmissible except when the crime is one involving dishonesty.

Hawaii rules of evidence. 403 Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. This rule is identical with Fed.

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Hawaii Burden of Proof - Physical Evidence Not Produced