Maine Jury Instruction - Accomplice - Informer - Immunity
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FAQ
Rule 303 - Presumptions in Criminal Cases (a) Scope. This rule governs the application of statutory and common law presumptions, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt in criminal cases.
Evid. 403. 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.
When the court orders that the defendant's mental condition be examined in order to determine criminal responsibility, the defendant has a privilege to refuse to disclose, and to prevent others from disclosing, any communication made during that examination that concerns the offense charged.
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.
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.
Maine Rule 201 is similar, but not identical to Federal Rule 201. In Maine there is no distinction between civil and criminal cases in the effect of judicial notice. In both cases the court instructs the jury that the fact noticed should be accepted as conclusive.
Proposed Rule 303 defined recognized criminal presumptions and expressly forbade the judge to direct the jury to find a presumed fact against the accused.
RULE 402. Irrelevant evidence is not admissible.