II. Evidence and Trial Procedure  

Overview:

Three Dimensions of Proof at Trial

Overview of the Procedure of Proof

Opening Statement

Closing Argument & Jury Instructions

Phases of Proof

Witnesses

Phases of Witness Examination

Submission of Evidence through Witnesses

"Laying the Foundation" for Admission of Evidence through Witnesses

 Offers & Objections

Miscellaneous Rules & Principles

Offer & Objection Problems

A Sure-Fire Way to Introduce or Exclude Evidence at Trial Despite Your Utter Ignorance of the Law of Evidence!

III. Relevance and Related Matters

The Meaning of "Relevance"

Notes and Questions about Logical Relevance versus Legal Relevance

Note on Background Evidence

Exclusion of Evidence for "Collateral" Reasons

Gulf States Utilities Co. v. Ecodyne Corp.

Witnesses without Number: The Statue of Liberty Problem 

Federal Rule of Evidence 403 in a Matrix 

Relevance, Proof, Uncertainty, and (a Pinch of) Probability Theory  

In re Winship

Questions about Winship

Lempert: The Use of Probability Theory (Bayes' Theorem) to "Model" Relevance

Tillers: Making (Inverted) Bayesian Thinking More Intuitive

Uncertain Inference in the Real World: Webs of Inference Enveloped in Explanations

Simple (Single-Stage) Inference

Multi-Stage Inference

Case Studies in Complex Inference:

(i) Inference in Context: Do Both the Good and the Evil Fear (and Flee) the Police in Washington Heights?

(ii) A Suspicious(?) Gesture by Mr. Sacco

(iii) Simon Says Mr. Robinson May Have Had a .38 Caliber Revolver 

Conditional Relevance

The "Rule" against Inference upon Inference

IV. Documentary, Tangible, and Demonstrative Evidence

Materials for Authentication Problem

V. Testimonial Proof

 

VI. Hearsay

A Basic Black Letter Definition of Hearsay

Picturing Hearsay: Diagrams

Hearsay Problems & Exercises

Additional Hearsay Problems

VII. Hearsay as Evidence of Criminal Guilt

Crawford v. Washington*

American Prosecutors Research Institute's Analysis of the Impact of Crawford v. Washington on the Use of Hearsay in Criminal Prosecutions for Child Abuse*

 

VIII. Selected Exceptions to the Hearsay Rule

Bridges v. State

Yet More Hearsay Problems

IX. Prior Statements of Testifying Witnesses

 

X. More about Testimonial Impeachment

Review Problem: Memorializing an FBI Interview

United States v. Lindstrom

Davis v. Alaska  

XI. Character Evidence & Bad Acts: Testimonial Impeachment and "Circumstantial" Evidence  

Overview: Diagram of the Character Evidence Rule(s)

Character & Habit

A drinking habit: State v. Radziwil

A religious habit: Levin v. United States

A corporate habit?: Prior Similar Business (Corporate) Wrongdoing: McAdams-Smith v. Peridot Chemical (New Jersey), Inc., 313 N.J. Super. 257, 712 A.2d 1181 (1998)

Supplemental Character Evidence Materials, Exercises & Problems

Character Problems & Materials 1

Character Problems & Materials 2

Character Problems & Materials 3

Character Evidence in Sexual Misconduct Cases

Character of (Alleged) Victim in Sexual Misconduct Cases

Character of Defendant in Sexual Misconduct Cases

Notes on the Character Evidence Rule and the William Kennedy Smith Case

Woods v. State, 235 N.E.2d 479 (Ind. 1968) (sexual molestation of minor)

State v. Doporto, 935 P.2d 484 (Utah 1997) (sexual molestation of minor)

§§ 2 through 2.1.1.1.2 of Notes (character of accused in child molestation cases)

People v. Ewoldt, 7 Cal.4th 380, 867 P.2d 757, 27 Cal.Rptr.2d 646 (1994) (sexual molestation of minor)