Maine Alibi Instruction

Category:
State:
Multi-State
Control #:
US-00875
Format:
Word; 
Rich Text
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Description

Sample Jury Instruction - This sample jury instruction defines "Alibi" as it pertains to the facts of a particular case.

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FAQ

Maine Rule 608 is very similar to its federal counterpart, but does not allow opinion evidence of character for truthfulness, only reputation. The Maine restyled version changes references to "credibility" to "character for truthfulness" to follow the federal version.

Rule 803 - Exceptions to the Rule against Hearsay- Regardless of Whether the Declarant Is Available As a Witness, Me. R. Evid. 803 | Casetext Search + Citator.

Before the trial or hearing, the proponent must give an adverse party reasonable written notice of the intent to offer the record-and must make the record and certification available for inspection-so that the party has a fair opportunity to object to the authenticity of the record or on the basis of hearsay.

611(b) limits the scope of cross-examination of all witnesses to matters testified to on direct and matters bearing on credibility, unless the court in its discretion allows inquiry into additional matters as if on direct examination. This has been the traditional view in the Federal courts and many State courts.

Maine Rule 611 is similar to its federal counterpart, but does not limit cross-examination to the subject matter of direct unless the witness was the adverse party, was identified with the adverse party, or testified only to the signature to or execution of a paper.

Maine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party. There are minor differences in time limits and the Maine time bar is absolute.

In a civil case, the court may admit evidence of specific instances of sexual behavior by an alleged victim offered to prove an alleged victim's sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.

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Maine Alibi Instruction