EVIDENCE OUTLINE
Rule § 402 – Basic Relevance Rule
1) Irrelevant = Not Admissible
2) Relevant = Admissible
a) Except when “otherwise provided”
Rule § 401 – Evidence is Relevant if:
1) Any tendency
2) To make a fact of consequence
3) More probable or Less probable
· Testimony
· Real Evidence
· Representation of Evidence
· Documents
· Models… etc..
· Judicially Noticed Facts
[II] RELEVANCE & PREJUDICE
[A] RELEVANCY TEST
[1] FRE 402 – Irrelevant evidence = Inadmissible
· Only relevant evidence admissible “unless otherwise provided”
[2] FRE 401 – Relevant evidence is
· Evidence is Relevant if:
(1) it has “any Tendency”
(2) To make a fact of consequence
(3) More probable or Less probable
· Evidence does not need to be strong =”any tendency” weak evidence is therefore = Relevant
[HYPO] = ∆ is accused of attempting to Murder a Police Officer:
[Elements … Facts of Consequence]
1) Intent to Kill
2) Substantial Step
3) Victim is police officer
· Written statement by ∆ à “I tried to kill the officer when I shot at her”
o Relevant = [1] intent (I tried to kill her) [2] Substantial Step (I shot her) [3] P = officer (I shot Officer Olivia)
· Witness à “I saw ∆ standing over the bleeding body at the time of the crime”
o RELEVANT = [2] Substantial Step = Serious injury [1] Identity = it suggests that ∆ caused the injury because he was in the vicinity at the time that the injury was inflicted –
§ Takes him out of a larger theoretical class that could not have committed the crime into a smaller class of people whom are theoretically cable of carrying out the crime
· Witness à “∆ has been convicted of attempted mirder 2 times in the Past”
o RELEVANT = Evidence that someone has done something in the past makes it more likely that they have done that thing again
§ Character Evidence = Had the intent to kill an officer 10 years ago, you are more likely to still have that intent today
· Witness à “∆ is a Democrat”
o IRRELEVANT = Does not affect the probability of finding a fact of consequence
· Witness à “Victim was pregnant at the time”
o IRRELEVANT = Does not help establish or refute an element, does not seem to have bearing on the elements … Prejudicial (may cause additional anger for the jury… inflame their passions)
· Witness à “∏ threatened to frame ∆ for a crime he did not commit”
o REL
ause the victim was stab multiple times with every stab self-defense is less and less plausible that the defendant believed that he was in threat of imminent harm – undermines the ∆’s claim of self defense = Significant Probative Value
§ Potential for Prejudice:
(1) triggers the emotions of the jury because they will feel anger and gives them reasons to decided the case even though the prosecution has not proven their case beyond a reasonable doubt … create the ability for the jury to decide the case on improper grounds…
(2) it distorts the jury’s clear train of thoughts because they will feel anger and fear… makes jury question their own mortality – Admissible = In many cases.
[II] CHARACTER EVIDENCE
· The Basic question whether character evidence should be admitted?
[Steps To Admit: (1) purpose (2) form]
1. Establish the admissibility of character evidence in some form under this rule,
Then determine the appropriate method of proof. Rule 405 [If the character is that of a witness, FRE §608 & 610 for methods of proof.]
