Evidence Flashcards

A defendant charged with fraud does not testify. The prosecutor, in closing, comments on the defendant's silence at trial. The best evidentiary and constitutional analysis is:

Answer: Improper, because commenting on a defendant's failure to testify violates the privilege against self-incrimination

A prosecutor may not comment on a criminal defendant's failure to testify, as it penalizes the exercise of the Fifth Amendment privilege.

A wife is called to testify against her husband in a Kentucky criminal case about confidential statements he made to her during the marriage. The couple is still married and the husband objects. Regarding the marital privileges:

Answer: The husband may invoke the confidential marital communications privilege to bar testimony about the private statements

The confidential marital communications privilege protects private communications made during marriage and may be invoked by either spouse, including the defendant.

In a products liability trial, an expert witness bases her opinion on manufacturer test data that is inadmissible hearsay. Her opinion is:

Answer: Admissible if experts in the field reasonably rely on such data, even though the data itself is inadmissible

An expert may base an opinion on inadmissible facts or data if they are of a type reasonably relied upon by experts in the particular field.

A trial court in Kentucky must decide whether a witness qualifies as an expert on accident reconstruction. In making this preliminary determination, the court:

Answer: Is not bound by the rules of evidence, except those on privilege

In deciding preliminary questions of admissibility and qualification, the court is not bound by the rules of evidence except those with respect to privileges.

In a rape prosecution, the defense seeks to introduce evidence of the victim's sexual history with third parties to suggest consent. Under the rape shield rule, this evidence is:

Answer: Generally inadmissible, subject to narrow exceptions such as prior acts with the accused or an alternative source of physical evidence

Rape shield provisions generally exclude a victim's other sexual behavior, allowing only narrow exceptions like prior conduct with the accused or explaining physical evidence.

A lay witness who watched a car speed past offers to testify, 'The car was going way too fast, at least 80.' This opinion is:

Answer: Admissible as a lay opinion rationally based on the witness's perception and helpful to the jury

Lay witnesses may give opinions on matters like vehicle speed when rationally based on their own perception and helpful to the factfinder.

The prosecution offers a recorded jailhouse call in which the defendant's cellmate, a co-conspirator, describes their drug operation to a supplier while the conspiracy was ongoing. Against the defendant, the statement is:

Answer: Admissible as a statement of a co-conspirator made during and in furtherance of the conspiracy

Statements by a co-conspirator made during and in furtherance of the conspiracy are admissible against other conspirators, and such casual co-conspirator statements are nontestimonial.