Privileges arising from constitutional guarantees

Fed. R. Evid. 804(b)(1) advisory committee's note ("The common law did not limit the admissibility of former testimony to that given in an earlier trial of the same case, although it did require identity of issues as a means of insuring that the former handling of the witness was the equivalent of what would now be done if the opportunity...The hearsay exception for former testimony can apply even if the issues in the former proceeding were not the same or were not substantially the same as the issues in the proceeding in which the former testimony is offered.

Fed. R. Evid. 404(a)(2) ("Character of alleged victim - Evidence In a criminal case, and subject to the limitations imposed by Rule 412, evidence of a pertinent trait of character of....The character, disposition, or propensity of an alleged crime victim sometimes may be used to show the victim's conduct on a specific occasion.

United States v. Jackson, 335 F.3d 170, 177-178 (2d Cir. 2003) (upholding trial court's exclusion of co-conspirator's plea allocution under Rule 804(b)(1) because (1) "[co-conspirator] was unavailable at Jackson's trial....The hearsay exception for prior testimony applies in a criminal case only if the if the party against whom the testimony is now offered had an opportunity and similar motive to develop the testimony in the prior proceeding by direct, cross, or redirect examination. The exception applies in a civil action or proceeding only if the party against whom the testimony is now offered or a predecessor in interest had an opportunity and similar motive in the prior proceeding to develop the testimony by direct, cross, or redirect examination.