Outline: Evidence (condensed)
There are 4 criteria for filtering out evidence:
Relevance
Prejudice
Unreliable
Public Policy
Relevance and Prejudice
If the evidence is not relevant it is not admitted
Rule 401: Evidence is relevant if it has any tendency to make a fact of consequence more probable or less probable
“any tendency”
i. Means merely more (or less) probable with the evidence than without
“fact of consequence”
i. Elements that are needed to convict or vindicate
ii. These include any elements that are under the code of the crime plus any elements that are part of the defense
iii. These are the legal claims of the case
“more (less) probable”
i. It makes a sensible/reasonable person more likely or less like to believe that the facts of consequence are true
STEPS TO TAKE TO DETERMINE IF THE EVIDENCE IS RELEVANT:
i. Identify the formal legal claims and defenses the parties are making
ii. Identify the elements of those formal claims
1. if no legal elements are available use common sense as to the elements
iii. Ask whether the evidence in question makes any elements more or less likely to be true.
1. This has to have affected for a good common sense reason and not superstition or other strange reason.
iv. If yes, then the evidence is relevant
v. If no, it is irrelevant and must be excluded
Rule 402: irrelevant evidence is not admissible. Relevant evidence is admissible except when otherwise provided…
i. Sometimes relevant evidence may be excluded if it was:
1. illegally obtained
2. coerced
3. too prejudicial
Rule 403: requires the exclusion of evidence when its potential fore prejudice substantially outweighs its probative value
i. Balancing Test:
1. relevant evidence may be excluded
2. if its probative value is substantially outweighed by
a. its potential for prejudice
i. evidence that undermines the jury’s ability to logically, rationally and thoughtfully decide the outcome of the case
ii. types of prejudicial evidence:
1. evidence that stirs up set of fears, anger and/or disgust
2. evidence that stirs up feeling of sympathy or empathy
3. evidence of wealth of a company
b. jury confusion
c. misleading the jury
i. ex: complicated statistical data
d. it is wasteful
i. causes undue delay, or waste of time and it is not necessary because it is cumulative
e. it is redundant
i. ex: 15 witnesses who testify to the same thing
ii. STEPS TO TAKE WHEN DECIDING ON EVIDENCE:
1. scrutinize whether the evidence is relevant by balancing its probative value against its prejudicial potential
a. ask
on is innocent in this particular case
iii. LOOPHOLE:
1. if character is one of the essential elements in the claim character evidence may be allowed to prove that element
a. Negligent entrustment
b. Defamation
c. Seduction
d. Child custody proceedings
i. This rule is significantly weakened by the introduction of Rule 412
Exceptions to Rule 404(a)—character of the accused
i. Rule 404(a)(1)(A)
1. In a criminal case only, accused can put on evidence about his own character to show that it is unlikely he committed the crime
2. evidence of religious believes is not going to be permitted
ii. Rule 404(a)(1)(B)
1. once D opened the door to his own character by presenting its own character evidence, the prosecution can present character evidence about D, to rebut D’s claim of good character
2. prosecution may also cross-examine D’s character witnesses and use evidence of prior acts
3. the door may be opened by:
a. D can directly testify about his character
b. D can put on a witness about his character
c. D may say something about his character by accident during his testimony