Evidence Outline

Langham Evidence Fall 2011 Outline
 
THE PROCESS OF PROOF AND STRUCTURE OF A TRIAL
Evidence: The Truth in the Courtroom is whatever the trier of fact believes it to be on that day, in that Courtroom.
Admission or Exclusion of Evidence
 
Testimonial proof: In the CL system, proof typically comes in the form of witness testimony
Documentary proof: Proof may also consist of documentary evidence or real evidence
Demonstrative evidence: Photographs, models, blackboards, and charts may be used to illustrate testimony
In court exhibition: A witness may exhibit a scar or amputated arm to show the jury the result of an accident
In court demonstration: A witness can show how she can no longer walk without a limp
Rule 102: Purpose and Construction of the rules – why the rules are the way they are
These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, promotion of growth, AND development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
Rule 614: Calling and Interrogation of witnesses by Court
The court may, on its own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witness.
The court may interrogate witnesses, whether called by itself or by a party
§   Crandell v. United States – Judges can question witnesses, but only if they dos so impartially
Objections to the calling of witnesses by the court or to interrogation by it may be made at the time or at the next available opportunity when the jury is not present
To prevent the introduction of evidence; to preserve error for appeal when such evidence is admitted over objection in admission; AND the objection must be timely.
The court either:
Sustains the objection, agreeing that the testimony or evidence is not admissible, OR
Overrules the objection, finding that the evidence is admissible.
Role of a Judge and what they control
The time limits of presenting evidence; the order of witnesses and their testimony; comments on evidence, questioning witnesses. (Point 2, 3, and 4 are very rare)
Rule 103:  Rulings on Evidence
Effect of Erroneous ruling:
Error may not be based  upon a ruling which admits or excludes evidence UNLESS a substantial right of the party is affected, AND
In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; OR
In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.
Made outside the presence or hearing of the jury:
Offers of proof are made by asking the witness in question and answer form: what they would have asked had the objection been overruled, OR the attorney summarizes the evidence for the record.
Once the court makes a definitive ruling on the record admitting or excluding evidence,  a party need not renew an objection or offer of proof to preserve a claim of error for appeal.
 
JUDICIAL NOTICE OF ADJUDICATIVE FACTS
Rule 201 – Purpose:
To dispose of fact issues not subject to reasonable dispute during the entire judicial process in order to enhance efficiency. A court’s consideration of an uncontested matter as evidence without formalized proof, either at trial or on appeal.
The facts must be either;
A matter of general knowledge; OR capable of ready determination by sources whose accuracy cannot easily be questioned.
In civil cases, the jury MUST accept the judicial notice as conclusive. In criminal cases, the jury MAY accept the judicial notice as conclusive.
Judicial notice can be taken at any time during the proceedings
A trial judge is prohibited from relying on personal experience to support the taking of judicial notice (US v. Lewis)
United States v. Gould- Adjudicative facts are those to which the law is applied in the process of adjudication. Facts that normally go to the jury in a jury case. Legislative facts are ordinarily general and do not concern the immediate parties. Legislative facts are established truths, facts or pronouncements that do not change from case to case but apply universally. Adjudicative facts are those developed in a particular case. The court in this case was noticing a legislative fact rather than an adjudicative fact.
Judicial Notice in Civil Cases
Once a court determines that a fact in issue is an adjudicative one, the Rule 201(b) states that judicial notice will only be taken if the matter is beyond dispute because it is; generally known in the jurisdiction AND generally ascertainable through reasonably undisputable sources.
Adjudicative facts are facts that are decided by a jury in a jury case or by the judge in a trial to the court and which would normally be proved by evidence if judicial notice were not taken.
Legislative facts do not have to be indisputable and they are NOT regulated by Rule 201. Info a court uses to interpret a law or statute or making a ruling.
Evaluative facts are information, concepts, and understandings known and shared in common within a society. Rule 201 is NOT applicable to evaluative facts.
Rule 201 does NOT apply to the law. The law is NOT evidence.
 
RELEVANT EVIDENCE
401 – Definition of “Relevant Evidence”
Evidence is relevant if it has a tendency to make the existence of any fact more or less probable than it would be without the evidence; AND the fact is of consequence in determining the action.
If it moves the scale ever so slightly it is relevant – one way or the other.
The testimony is relevant to the identity of the perpetrator, a fact of consequence, 401, and is therefore admissible under 402.
The failure of the D to include the information in his statement suggests that the information is not true and is therefore relevant, 401, to the witness’s credibility and therefore admissible, 402.
402 – Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
All relevant evidence is admissible, except as otherwise provided by the constitution of the US, by act of congress, by these rules, or by other rules prescript by the SCT pursuant to statutory authority. Evidence which is not relevant is not admissible.
§   People v. Adamson – To be admissible, evidence must tend to prove a material issue in the light of human experience. Evidence that tends to throw light on a fact in dispute may be admitted. The weight to be given such evidence will be determined by the jury, and the admission of such evidence must be regulated by the sound discretion of the court.
403 – Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time:
This is commonly referred to as the 403 balancing test
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, by considerations of undue delay, waste of time, OR needless presentation of cumulative evidence.
All Contrary Evidence is Prejudicial
The rule only protects against evidence that is unfairly prejudicial. Ultimately it goes to credibility.
Old Chief v. United States – A strategic move to exclude evidence under Rule 403 is to offer to stipulate to a matter and thereby remove the justification for offering the evidence containing the unfair prejudice. Carter v. Hewitt – In fact, all relevant evidence is prejudicial in the sense that it has a tendency to make a factual issue more or less likely. Thus, the proposed evidence must contain so much unfair prejudice that it substantially outweighs the probative value.
Rule 403 decisions are discretionary and once made, will seldom be reversed on appeal unless the decision cannot be supported by reasonable arguments. Appellate courts recognize that trial judges are in a unique position to assess the jury’s need for the evidence and its likely effect on the jury.
FRE 403 and the link to FRE 105
Rule 105. Limited Admissibility: When evidence which is admissible as to one party for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence  and instruct the jury accordingly.
Rule 104 Preliminary Questions
The court must decide any preliminary question about whether a witness is qualified, a privilege exists, OR evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.
These findings must be made by a preponderance of the evidence
When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof is introduced later.
Even is a fact is stipulated too, the question may remain relevant to assist the jury in deciding the weight and credibility of a testimony. 104(e).
403 Balancing Test and Rules 412 and 609:
For evidence to be admissible, the proponent must show that the probative value of the evidence substantially outweighs any counterweights. This creates a presumption in 412 and 609 for the inadmissibility for evidence, that it is only allowed when