HomeModule 6: Witness Qualifications & Testimony ✅ Witness Qualifications • Must be competent, truthful, and have personal knowledge • Voir dire: process to assess witness qualifications • Burden of proof for incompetence lies with the party challenging the witness 🚫 Preventing Testimony • Mental illness or substance abuse may disqualify a witness • Subpoena: compels attendance • Subpoena duces tecum: compels attendance and documents ⚖️ Special Rules • Forfeiture by wrongdoing: if a party prevents a witness from testifying, their statements may still be admissible • Informants: not automatically incompetent due to payment • Defendants can testify even if mentally incompetent at trial • Confrontation Clause: 6th Amendment guarantees right to confront accusers --- 📘 Module 7: Judicial Notice, Privileges & Evidence 🧠 Judicial Notice • Court accepts facts without evidence (e.g., geography, science) • Does NOT include guilt or innocence 🛡️ 5th Amendment • Protects against self-incrimination • If waived, defendant can be cross-examined and impeached 🧑‍⚖️ Privileges • Attorney-client privilege: lasts indefinitely • Spousal privilege exceptions: shared secrets or crimes committed together 🎥 Demonstrative Evidence • Photos/videos must be relevant and not overly prejudicial • Best evidence rule: original documents preferred • Chain of custody: must be maintained for admissibility --- 🗣️ Module 8: Hearsay & Exceptions ❌ Why Hearsay Is Inadmissible • Unreliable • Out of context • No oath • Violates 6th Amendment confrontation rights ✅ Exceptions to Hearsay • Assertive statements: e.g no

Module 6: Witness Qualifications & Testimony ✅ Witness Qualifications • Must be competent, truthful, and have personal knowledge • Voir dire: process to assess witness qualifications • Burden of proof for incompetence lies with the party challenging the witness 🚫 Preventing Testimony • Mental illness or substance abuse may disqualify a witness • Subpoena: compels attendance • Subpoena duces tecum: compels attendance and documents ⚖️ Special Rules • Forfeiture by wrongdoing: if a party prevents a witness from testifying, their statements may still be admissible • Informants: not automatically incompetent due to payment • Defendants can testify even if mentally incompetent at trial • Confrontation Clause: 6th Amendment guarantees right to confront accusers --- 📘 Module 7: Judicial Notice, Privileges & Evidence 🧠 Judicial Notice • Court accepts facts without evidence (e.g., geography, science) • Does NOT include guilt or innocence 🛡️ 5th Amendment • Protects against self-incrimination • If waived, defendant can be cross-examined and impeached 🧑‍⚖️ Privileges • Attorney-client privilege: lasts indefinitely • Spousal privilege exceptions: shared secrets or crimes committed together 🎥 Demonstrative Evidence • Photos/videos must be relevant and not overly prejudicial • Best evidence rule: original documents preferred • Chain of custody: must be maintained for admissibility --- 🗣️ Module 8: Hearsay & Exceptions ❌ Why Hearsay Is Inadmissible • Unreliable • Out of context • No oath • Violates 6th Amendment confrontation rights ✅ Exceptions to Hearsay • Assertive statements: e.g no

Module 6: Witness Qualifications & Testimony

✅ Witness Qualifications

• Must be competent, truthful, and have personal knowledge

• Voir dire: process to assess witness qualifications

• Burden of proof for incompetence lies with the party challenging the witness

🚫 Preventing Testimony

• Mental illness or substance abuse may disqualify a witness

• Subpoena: compels attendance

• Subpoena duces tecum: compels attendance and documents

⚖ Special Rules

• Forfeiture by wrongdoing: if a party prevents a witness from testifying, their statements may still be admissible

• Informants: not automatically incompetent due to payment

• Defendants can testify even if mentally incompetent at trial

• Confrontation Clause: 6th Amendment guarantees right to confront accusers

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📘 Module 7: Judicial Notice, Privileges & Evidence

🧠 Judicial Notice

• Court accepts facts without evidence (e.g., geography, science)

• Does NOT include guilt or innocence

🛡 5th Amendment

• Protects against self-incrimination

• If waived, defendant can be cross-examined and impeached

🧑‍⚖ Privileges

• Attorney-client privilege: lasts indefinitely

• Spousal privilege exceptions: shared secrets or crimes committed together

🎥 Demonstrative Evidence

• Photos/videos must be relevant and not overly prejudicial

• Best evidence rule: original documents preferred

• Chain of custody: must be maintained for admissibility

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🗣 Module 8: Hearsay & Exceptions

❌ Why Hearsay Is Inadmissible

• Unreliable

• Out of context

• No oath

• Violates 6th Amendment confrontation rights

✅ Exceptions to Hearsay

• Assertive statements: e.g., head nod (not sleep/hypnosis)

• Dying declaration: made by declarant (not killer)

• Present sense impression

• Excited utterance

• Statements proving insanity

• Admissions by a party

• Statements for medical treatment

• Co-conspirator statements

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⚖ Module 9: Exclusionary Rule & Suppression

🚫 Exclusionary Rule

• Applies in federal and state criminal prosecutions

• Suppresses illegally obtained evidence

• Includes fruit of the poisonous tree doctrine

📝 Motion to Suppress

• Requires standing: evidence must harm defendant and invade privacy

• Contemporaneous objection: made during trial to exclude evidence

❌ Limits of the Rule

• Does not apply in:• Grand jury indictments

• Parole revocation hearings

👮 Government Focus

• Rule applies only to government actors

• Alternative remedy: criminal prosecution of law enforcement officer