Wednesday, December 29, 2010

Intro to the Federal Rules of Evidence - 16

4. Withdrawn Guilty pleas, plea discussions, and related statements (FRE 410)

a. Rationale
Low probative value & encouraging plea bargain

b. Types of statement
i) withdrawn plea of guilty, ii) a plea of nolo contendere, iii) statements made during certain proceedings.
Virtually all of the evidence covered by FRE 410 would be admissible as an admission of a party opponent in the absence of FRE 410. See FRE 801(d)(2)(A).

c. Applicable in civil and criminal cases

d. Exceptions admissible
i) the rule of completeness
ii) perjury & false statement prosecution

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