Objections Cheatsheet: Difference between revisions

From Criminal Law Notebook
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==Generally==
==Generally==
{{seealso|Examinations-in-Chief|Cross-Examinations}}
{{seealso|Examinations-in-Chief|Cross-Examinations}}


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** {{Box}} Character ''of accused'' not admissible unless accused put his character in issue (see [[Character of Accused]])
** {{Box}} Character ''of accused'' not admissible unless accused put his character in issue (see [[Character of Accused]])
** {{Box}} Character ''of victim'' presumed not relevant unless "probative value outweighs its prejudicial effect" (see [[Character of Non-Accused Persons]])
** {{Box}} Character ''of victim'' presumed not relevant unless "probative value outweighs its prejudicial effect" (see [[Character of Non-Accused Persons]])
; On Direct Only
* {{Box}} Leading Question (on ''examination-in-chief'' only)
* {{Box}} Leading Question (on ''examination-in-chief'' only)
; Only On Cross (or as Hostile Direct)
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Revision as of 09:23, 15 February 2019

Generally

See also: Examinations-in-Chief and Cross-Examinations
  • Irrelevance (see Relevance)
  • Eliciting evidence supporting a Motion not before the Court
  • No foundation/Assumes facts not proven
  • Improperly Phrased Questions
    • Compound Question
    • Vague/Misleading question
    • Misquoting prior evidence/statement
  • Uncivil Questions
    • Asked and answered
    • Badgering, harassing witness
    • arguing with witness
    • Monologuing/Editorizating
  • Contradicting Collateral Facts (see Collateral Fact Rule)
  • Evidence that generally is inadmissible
  • Eliciting evidence outside of incident
  • 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)