NCJ Number
112902
Date Published
1987
Length
92 pages
Annotation
Prosecutorial instruction in practical evidentiary problems covers the art of objecting, the introduction of recorded tapes at trial, documentary evidence, evidence of other crimes, and the boundaries of cross-examination under the 'Sandoval' decision.
Abstract
Instruction in the art of objecting covers the deliberate by-pass and waiver rule, tactical considerations, specific objections, special problems and considerations in the decision to object, objections for certain witness categories, objections to the court's charge, and objections during the opening statement and the summation. Material on the introduction of recorded tapes and transcripts at trial emcompasses both the pretrial and trial procedures, with the latter focusing on the laying of the foundation for the introduction of such evidence. Instruction in documentary evidence features a two-page primer on introducing business records. A discussion of evidence of other crimes consists of a brief review of the Molineux doctrine, which states the criteria for the competence of evidence of other crimes to prove the crime charged. The concluding discussion focuses on the boundaries of cross-examination under the 'Sandoval' decision, in which the New York Court of Appeals ruled that the trial judge may make an advance ruling as to the prosecutor's use of prior convictions or proof of the commission of specific criminal, vicious, or immoral acts to impeach a defendant's credibility.