Arizona High School Mock Trial Rules of evidence Part I Metro Tech High School Mock Trial Program

Relevance Evidence is Relevant if has tendency to make a fact more probable AND That fact is of consequence to the determining action Relevant evidence is admissible. Irrelevant evidence is NOT admissible.

Example, in our stabbing scenario: Where the victim ate dinner the night before is not relevant so would not be allowed in. UNLESS, It could be shown it was relevant someway such as if he had dinner with the Defendant it may be used to show they know each other.

Character Evidence Cannot be used to show that on a specific occasion the person acted in conformity with that trait. Ex. Mr. Navazo is frequently late. We cannot use that as evidence to show that he was late last Thursday.

Motive, Opportunity, Plan, Knowledge, ID In a criminal case, evidence of crime or wrong not admissible to show acted that way that day. CAN be allowed in to show other things such as Motive, Intent, Preparation, Plan, Knowledge, Identity, Absence of Mistake or Lack of Accident.

Ex: Mr. Navazo frequently late Cannot use it to show he was late last Thursday. May be able to use it to show that he ran a red light because he was late and caused an accident because it shows his motive for running the light and that he had the opportunity to do it.

Impeaching a Witness Usually done on Cross Examination Anyone can attack a witnesses credibility Usually cannot bring in extra evidence So you can ask Witness B if they know Witness A has a reputation for not telling the truth. But you cannot bring in a tape recording of Witness A lying last year about something not to do with the current case.

Refreshing Witness Recollection If witness cannot remember something on the stand Can use their prior written statement to Refresh their Recollection Have to be prepared to show opposing side and Judge what you are using Ask witness, would it refresh your memory if I showed you your written statement? Show them Statement, let them read it. Reask the original question.

Impeaching With Prior Statement If witness says something inconsistent with their written statement. You may ask them if they remember saying XXXX in their previous statement. You do not have to show written statement to witness, but you do have to show opposing attorney. Opposing attorney has right to then ask witness clarifying questions about the impeachment.

Opinion Testimony Under most circumstances, only Expert Witnesses are allowed to give Opinion Testimony. In the Mock Trial case, there is usually one Expert Witness per side. They are an expert on their subject: Doctor, Professor, Coroner, Psychologist, last year even Exterminator.