New Hampshire Jury Instruction - Controlled Substances - Continuing Criminal Enterprise - Murder
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FAQ
New Hampshire Rule of Evidence 404(b) permits evidence of ?other crimes, wrongs, or acts? as ?proof of motive . . . intent . . . knowledge . . . or absence of mistake or accident?.
Discovery Depositions. (a) By Agreement. In criminal cases either party may take the deposition of any witness, other than the defendant, by agreement of the parties and with the assent of the witness, except as prohibited by statute.
Rule 609 of the Federal Rules of Evidence deals with the impeachment of a witness by evidence that the witness has been previously convicted of a crime.
Federal Rule 609 provides that a witness' credibility may be impeached with evidence of his or her prior criminal convictions: "There is little dissent from the general proposition that at least some crimes are relevant to credibility but much disagreement among the cases and commentators about which crimes are usable ...
Impeachment by Evidence of A Criminal Conviction. (2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness's admitting - a dishonest act or false statement.
The Rule has been amended to clarify that the absolute prohibition on extrinsic evidence applies only when the sole reason for proffering that evidence is to attack or support the witness' character for truthfulness. . . .
Authenticating or Identifying Evidence. (a) In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.