Table of Contents -- Evidence: A Structured Approach

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xiv Contents a. Character Defined 315 b. Potential Uses of Character Evidence 317 c. Methods of Proving Character: Rule 405 318 d. Proving Character When Character Is “In Issue” 321 e. Proving Character as Circumstantial Evidence of Out-of-court Conduct 322 i. The Basic Rule 322 ii. Evidence of a Criminal Defendant’s Character 324 (a) In general 324 Michelson v. United States 324 (b) Sexual assault and child molestation cases 332 iii. Evidence of an Alleged Crime Victim’s Character 336 (a) Defendant’s proof of an alleged crime victim’s character 336 (b) Special rule for rape victims 337 Olden v. Kentucky 338 (c) Additional exceptions to the exclusion of character evidence to prove conduct; special rule for homicide prosecutions 342 C. Other Crimes, Wrongs, or Acts 343 1. Introduction 344 2. The Basic Principle 344 Robbins v. State 348 3. What Is a “Crime, Wrong, or Act” 354 4. Timing of Uncharged Misconduct 355 5. Degree of Required Similarity between Charged and Uncharged Conduct 356 6. Purposes for Which Evidence May Be Offered 359 7. Procedure for Determining Admissibility 360 8. Putting It All Together 362 9. Judge/Jury Functions: Required Quantum of Proof of Uncharged Misconduct 363 Huddleston v. United States 364 D. Habit Evidence 369 E. Evidence of Similar Events 371 Chapter 5: Exclusion of Other Relevant Evidence for Reasons of Policy 375 A. Introduction 375 B. Subsequent Remedial Measures 375 1. Rationale for the Rule 376 2. Efficacy and Necessity of Exclusionary Rule 376 3. Limited Exclusionary Principle 377
Contents xv 4. Meaning of “Negligence [or] Culpable Conduct” 378 5. What Is a “Subsequent Remedial Measure” 379 6. Timing of Subsequent Remedial Measure 379 7. Admissibility to Prove “Feasibility of Precautionary Measures” 380 Tuer v. McDonald 380 8. Admissibility to Impeach 386 Tuer v. McDonald 386 9. Other Permissible Uses of Subsequent Remedial Measures Evidence; Viability of the Exclusionary Rule 388 C. Compromise and Payment of Medical and Similar Expenses 389 1. Introduction 390 2. Rationales for the Rule 391 3. Special Situation: The Biased Witness 392 D. Plea Evidence 396 1. Unwithdrawn Guilty Pleas 397 2. Withdrawn Guilty Pleas 398 3. Pleas of Nolo Contendere 398 4. Statements Made at Hearing to Enter Plea 398 5. Statements Made in the Course of Plea Bargaining 399 6. Exceptions to Rule Excluding Statements Made in Formal Plea Hearings or during Plea Bargaining 399 7. Impeachment Use of Plea Evidence 400 8. Waiver of the Rule’s Protections 401 United States v. Mezzanatto 401 E. Evidence of Liability Insurance 408 1. Rationale for the Rule 409 2. Limited Exclusionary Principle 410 Chapter 6: Examining Witnesses; Attacking and Supporting the Credibility of Witnesses 413 A. Mode of Witness Examination 413 1. Control over Mode and Order of Interrogating Witnesses and Presenting Evidence 413 2. Scope of Cross-examination 416 3. Leading Questions 416 B. Impeachment: Introduction 418 C. Who May Impeach 421 United States v. Hogan 423 D. Impeachment by Methods Not Covered by Specific Common Law or Statutory Rules 425 1. Introduction 425
Page 1 and 2: CONTENTS Preface xxi Chapter 1: The
Page 3 and 4: Contents xi 4. Comparing the Court
Page 5: Contents xiii e. Comparison to Part
Page 9 and 10: Contents xvii G. Impeachment by Con
Page 11: Contents xix Monica S. Lewinsky, Te

Table of Contents -- Evidence: A Structured Approach

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