What is the rule 608?

What are the conditions of release in NJ?

The standard conditions for pretrial release include: (1) no new criminal activity; (2) no contact with the victim; (3) avoiding contact with witnesses in the case; and (4) complying with any reporting requirements imposed by the Court.

What is the best evidence rule in New Jersey?

The best evidence rule provides that the original documents must be provided as evidence, unless the original is lost, destroyed, or otherwise unobtainable.

Does rule 608 apply to defendants?

No Waiver of Privilege

Finally, Rule 608 states that a witness (including the defendant) who testifies does not waive the privilege against self-incrimination regarding matters related solely to credibility.

Are text messages hearsay?

Many text will be classified as hearsay, as they are all statements that were made outside of court. However, many texts will be admitted anyway. The party introducing them will argue that they are not being offered for the truth of the matter asserted in the text.

How do you get around hearsay?

Even if an utterance contains a factual assertion, it is only hearsay if the evidence is offered to prove the truth of that factual assertion. You can therefore respond to a hearsay objection by arguing that the statement helps prove a material fact other than the fact asserted in the statement.

What is the 609 rule?

Rule 609 of the Federal Rules of Evidence deals with the impeachment of a witness by evidence that the witness has been previously convicted of a crime.

What is the rule 608 B in Texas?

Rule 608(b) states in relevant part: Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness's conduct in order to attack or support the witness's character for truthfulness.

What is the rule 611?

611(b) limits the scope of cross-examination of all witnesses to matters testified to on direct and matters bearing on credibility, unless the court in its discretion allows inquiry into additional matters as if on direct examination. This has been the traditional view in the Federal courts and many State courts.

How do you destroy a witness credibility?

Perhaps the most effective and most frequently used form of impairing credibility is proof of a statement or conduct by the witness that is inconsistent with the trial testimony. (Evid. Code, § 780(h)) The inconsistency need not be a complete contradiction.

How do you prove a witness is biased?

The credibility of a witness may be impeached by asking the witness on cross-examination about the witness's bias, hostility, or interest for or against any party to the proceeding and by extrinsic evidence of such bias, hostility, or interest.

How do you impeach a lying witness?

Do judges care about text messages?

Once a text message is admitted into court, it's fair game—and can potentially make or break a case. “In a court proceeding, text messages are essentially a recorded conversation or, at least, a written expression of your intent to say something or do something,” Buckfire says.

How far back can police get text messages?

If the law enforcement officers go to your cell service provider or Google, they can access information on your text messages and emails if they have a court order. If the police have a subpoena, they can access emails that date back as far as 180 days, whether they are opened or unopened.

Are text message screenshots admissible in court?

Legal requirements to take screenshots for litigation. Even though it might seem unusual, screenshots are admissible evidence. Yes, you can use them as legal proof, but you can't just present them and expect everything to be okay. Time and date matter a lot in a litigation process.

What is the rule 608 or 609 evidence?

Unlike Rule 608(b), how- ever, impeachment with a conviction under 609(a)(1) is limited to fel- ony convictions, thus excluding evidence of less serious wrongdoing. Finally, Rule 609(a)(2) allows impeachment with any crime involving dishonesty or false statement.

Who must prove the defendant's guilt?

In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.

How do you cross examine a liar?

Structure Your Questions to Box Witnesses In

Each question you ask during your cross-examination should be a leading question, such as “It was raining that evening, correct?” Leading questions nudge witnesses in the direction you want them to go while also limiting their ability to explain their answers.

What is the most reliable evidence in court?

Physical evidence is generally much more reliable than testimonial evidence. Case 2.1 illustrates how some convictions are based solely on eyewitness accounts. Note how the defense did indeed challenge the accuracy of the eyewitness accounts, but the court accepted the testimony as fact.

What 3 things must evidence be to be used in court?

Basically, if evidence is to be admitted at court, it must be relevant, material, and competent.

What is the 702 rule of evidence?

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.