Additional Information on Hearsay
Supplemental Materials
(i.e., materials not in the casebook)
Course in Evidence
Professor Peter Tillers
Cardozo Law School
I. Introduction
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)
ยงยง 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)
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