Or. Admin. Code § 255-032-0030 - Evidence in a Murder Review Hearing
(1) Irrelevant, immaterial, or unduly
repetitious evidence will be excluded, and privileges afforded by Oregon law
shall be recognized by the presiding member. All other evidence of a type
commonly relied upon by reasonably prudent persons in conduct of their serious
affairs will be admissible. All offered evidence, not objected to, will be
received by the presiding member subject to the presiding member's power to
exclude irrelevant, immaterial, or unduly repetitious matter.
(2) In determining whether the evidence is
material, relevant or reliable, the Board shall consider the following:
(a) The age and source of the
documents;
(b) The ability of the
witness to have observed and had personal knowledge of the incidents;
(c) The credibility of the witness and
whether the witness has bias or interest in the matter.
(3) The inmate, the inmate's attorney, or the
Board, may object to any evidence. Objections to evidence being introduced by
the Board or the inmate may be made and will be noted in the record. The
presiding board member must accept an offer of proof for excluded evidence. The
offer of proof must contain sufficient detail to allow the Board or a court to
determine whether the evidence was properly excluded. The presiding member
shall have discretion to decide whether the offer of proof is to be oral or
written and at what stage of the proceeding it will be made. The presiding
member may place reasonable limits on the offer of proof, including the time to
be devoted to an oral offer or the number of pages in a written offer. The
Board may decide the following:
(a) To
sustain the objection and deny the admission and consideration of the evidence
on the grounds that it is not material, relevant or reliable; or
(b) To overrule the objection and admit the
evidence and in considering the weight given to that evidence, consider the
reason for the objection.
(4) The Board will consider all available
relevant evidence for purposes of determining the inmate's likelihood of
rehabilitation within a reasonable period of time.
(5) The Board and the inmate will have the
right of cross-examination of each witness that testifies, and will have the
right to submit rebuttal evidence.
Notes
Stat. Auth.: ORS 163.105, 163.115, 183.450
Stats. Implemented:
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