Chapter 90 Section 608 - 2017 Florida Statutes (2024)

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Chapter 90 Section 608 - 2017 Florida Statutes? ›

90.608 Who may impeach. —Any party, including the party calling the witness, may attack the credibility of a witness by: (1) Introducing statements of the witness which are inconsistent with the witness's present testimony. (2) Showing that the witness is biased.

93–650. Rule 608(a) as submitted by the Court permitted attack to be made upon the character for truthfulness or untruthfulness of a witness either by reputation or opinion testimony.

Legal Authority- Evidence of Bias. Section 90.608(2), Florida Statutes, provides that the credibility of a witness may be attacked by showing that the witness is biased. See Morrison v. State, 818 So.

Section 90.09 of the Florida Statutes (1975) provided: A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness proves adverse, contradict him by other evidence, or prove that he has made at other times a statement inconsis- tent with ...

The house of representatives by two-thirds vote shall have the power to impeach an officer. The speaker of the house of representatives shall have power at any time to appoint a committee to investigate charges against any officer subject to impeachment.

Federal Rules of Evidence – Rule 608

On cross-examination, you can challenge a character witness's opinion by asking about specific contrary conduct and you can attack a witness's credibility by asking about that witness's past lies.

Best Evidence Rule Fla. Stat. § 90.952 - This rule requires that when the contents of a writing, recording or photograph are being proved, an original must be offered unless a statutory excuse for the lack of an original exists.

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.

Section 90.403 of the Florida Statutes provides that “[r]elevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.”

Specifically, Florida Statute 90.702 allows expert testimony about scientific, technical or other specialized knowledge only if "(1) the testimony is based upon sufficient facts or data; (2) the testimony is the product of reliable principles and methods; and (3) the witness has applied the principles and methods ...

What is the silent witness rule in Florida? ›

Silent Witness Theory - in the absence of the testimony of a witness with knowledge, the surrounding circ*mstances may be sufficient for the court to find that the photograph is a fair and accurate representation of a material fact.

Rule 609(a)(1) states, For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record during cross-examination but only if the crime (1) was punishable by death or imprisonment in excess of ...

Section 90.610 - Conviction of certain crimes as impeachment (1) A party may attack the credibility of any witness, including an accused, by evidence that the witness has been convicted of a crime if the crime was punishable by death or imprisonment in excess of 1 year under the law under which the witness was ...

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. U.S. Const. art. II, § 4.

The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office. In some cases, the Senate has also disqualified such officials from holding public offices in the future. There is no appeal.

Process. At the federal level, the impeachment process is typically a three-step procedure. The first phase is typically an impeachment inquiry, though this is not a required stage. The two stages constitutionally required for removal are impeachment by the House of Representatives and trial by the United States Senate ...

The circuit courts have recognized that such testimony under Rule 608 "must relate to the witness's reputation at the time of trial--rather than at the time he committed the acts charged."5 The purpose of admitting character evidence is to give the jury a gauge by which they may weigh testimony elicited in court.

However, if impeaching evidence consists of prior inconsistent statements, these statements are inadmissible if they fall under the hearsay rule. Rule 608 states that witnesses can be impeached or rehabilitated by either opinon or reputation evidence as to their veracity.

Rule 601 as submitted to the Congress provided that “Every person is competent to be a witness except as otherwise provided in these rules.” One effect of the Rule as proposed would have been to abolish age, mental capacity, and other grounds recognized in some State jurisdictions as making a person incompetent as a ...

(1) CHARACTER EVIDENCE GENERALLY. —Evidence of a person's character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion, except: (a) Character of accused. —Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the trait.