Objections Cheatsheet

From Criminal Law Notebook
Revision as of 14:13, 15 February 2019 by Admin (talk | contribs) (→‎Generally)

Generally

See also: Examinations-in-Chief and Cross-Examinations
  • Irrelevance (see Relevance)
  • Eliciting evidence supporting a Motion not before the Court
  • Improperly Phrased Questions
    • Compound Question
    • Vague/Misleading question
    • Misquoting prior evidence/statement
  • No foundation/Assumes facts not proven
  • Asking witness for inadmissible opinion
  • Hearsay
  • Uncivil Questions
    • Asked and answered
    • Badgering, harassing witness
    • arguing with witness
    • Monologuing/Editorizating
  • Character of accused not put in issue (see Character of Accused)
  • Character of victim presumed not relevant unless "probative value outweighs its prejudicial effect" (see Character of Non-Accused Persons)
  • Privilege (Solicitor-Client; Informer; Litigation)
  • Contradicting Collateral Facts (see Collateral Fact Rule)
  • Leading Question (on examination-in-chief only)

On Sexual Assault Cases

Prior Sexual History
  • Sexual contact with anyone, except contact at issue in trial
Sexual Assault Myths
  • Failure of the complainant to "fight back"
  • Failure of the complainant to "scream" or "call for help"
  • Failure of the complainant to report the assault in a timely manner


On Calling Counter-Evidence

  • Failure to confront opposing witness with counter-story (Rule in Browne v Dunn)