Michigan Jury Instruction - Similar Acts Evidence - Rule 40 4b, FRE
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Rule 803 of the Federal Rules of Evidence lists 23 situations in which hearsay is, in fact, admissible in federal criminal court. These include, but are not limited to, the following: Present-tense impressions: A statement describing an event or situation made while the declarant perceived it. Rules Concerning Hearsay in Federal Criminal Trials thefederalcriminalattorneys.com ? hearsay-at... thefederalcriminalattorneys.com ? hearsay-at...
If after considering all of the evidence, including any evidence that another person committed the offense, you have a reasonable doubt that the defendant committed the offense, you must find the defendant not guilty. Motive is not an element of the crime charged and need not be proven by the prosecution.
These five hearsay exceptions are (1) former testimony; (2) dying declarations; (3) statements against interest; (4) a declarant's statements regarding that individual's own family history; and (5) a declarant's statements against a party who caused the declarant's unavailability. See Fed. R. Revisiting and Rethinking Hearsay - American Bar Association americanbar.org ? family-advocate ? spring americanbar.org ? family-advocate ? spring
The Exclusionary Rule It usually comes into play when evidence is obtained in violation of a suspect's Fourth Amendment rights against unlawful search and seizure. For example, a murder weapon can't be used at trial if police illegally searched a defendant's home to recover it.
Rule 703. An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. mre 703. bases of opinion testimony by experts waynecountydefendertraining.com ? 2017/08 ? M... waynecountydefendertraining.com ? 2017/08 ? M...
For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall not be admitted unless the evidence has been elicited from the witness or established by public record during cross-examination, and (1) the crime contained an element of dishonesty or false ... Mich. R. Evid. 609 - Casetext casetext.com ? michigan-court-rules ? rule-601-615 casetext.com ? michigan-court-rules ? rule-601-615
MRE 404(b) and FRE 404(b) are specialized rules of relevance, and uncharged misconduct or bad acts are admissible if independently relevant. Rule 404(b) applies equally to civil and criminal cases. to be provided at least 14 days before trial, or orally on the record later if the court finds there is good cause.
The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: (1) Present Sense Impression. A statement describing or explaining an event or condition made while or immediately after the declarant perceived it. (2) Excited Utterance.