104(b) and 403 Flashcards
104(a) states that a judge can decide __
any preliminary Q about whether witness qualified, privilege exists or evidencde admissible by preponderance
104(b) states that if existence of fact in dispute, must __ and the judge may __
introduce sufficient evidence to show fact exists, admit on condition proof be introduced later
104(b) is really about __
missing proof in logical chain
Victim having extra-marital affair. Relevant.
Relevant only if defendant knew about it 104b
Fitzhugh killed Kristine bc planned to tell oldest son he wasn’t father. Admissible story, given that this could constitute potential motive? Not even sure Fitzhugh knew! (But Fitzhugh called their son “her son.”). Relevant?
Reasonable jury infers (by preponderance) that husband did know she was going to tell son → common sense; his comment that it was her son.
104(b) is a ___ rule
lenient
Testimony allowed that Cox’s friend’s bail was denied in recent hearing, which potentially motivated Cox to kill Leonard who was the reason Cox’s friend was in jail. But admissible, even tho don’t know if Cox knew?
Relevant. Judge must determine only reasonable jury could make requisite factual determination based on evidence before it: constantly at Cox’s mom’s house, etc.
403 allows relevant evidence to be excluded if ____ by one or more of the following:
substantially outweighed,
- unfair prejudice
- confusing the issues
- wasting time
- undue delay
Old Chief charged w felon in possession of firearm. Wants to simply stipulate that has prior felony, so possession of firearm is only remaining element. Outcome?
Prior felony has some probative value but way more prejudice. So just allowed stipulation.
State v. Bocharski (Ariz. 2001). Stabbing wound photos, angles/depths of wounds ___
not OK because only purpose to inflame jury
State v. Bocharski (Ariz. 2001). Stabbing wound photos, body composition __
OK, state can’t be compelled to try in a sterile setting
motion to escort all jurors to Nixzmary’s apartment
denied on 403 waste of time
“Practice your pentangeli” to show encouraging lying to Congress, but link to Mafia?
Probative value for explanation but give limiting instruction under 405 to not extrapolate
D claims gun fired automatically bc dirty inside. Pic of cops w all of D’s guns. 401 outcome?
Not very probative because can’t see inside of the gun
D claims gun fired automatically bc dirty inside. Pic of cops w all of D’s guns. 403 outcome?
Very prejudicial so should be excluded
Computer-generated animation showing D shooting wife 4X. How could it be admissible?
Fair and accurate representation of the evidence (not overly prejudicial)
Argument against introducing Computer-generated animation showing D shooting wife 4X.
Prejudicial because
- defense doesn’t have the same resources
- people think high tech = true
D, mugger, is homeless.
Too prejudicial, jurors might think best to lock up
D, mugger, panhandling in that same alley that day.
Might be prejudicial but more relevant so let in
Harrison Ford movie: “You’re the one. You did it.” / “Yes you’re right. You’re always right.” Argument to keep out?
403 - waste of time, ironic tone not that serious
Harrison Ford movie: “You’re the one. You did it.” / “Yes you’re right. You’re always right.” Argument to let in
Jury can decide tone, and can cross-examine about why didn’t call police
Flight evidence is improper unless can support 4 necessary inferences __
- D’s behavior to flight
- flight to consciousness of guilt
- consciousness of guilt to guilt of crime charged
- consciousness guilt of crime charged to actual guilt
Myers fled twice after robbing in FL: few weeks after in FL mall; also fled in CA after separate PA robbery. Outcome
Don’t let in evidence of flight because prejudicial, would have to admit fled because of bank robbery in PA
D charged w murder, fled bc scared would be arrested bc of unarmed robbery priors 12 years ago. Admit?
Less prejudice because unarmed and many years ago so let in
Thelma/Louise fleeing not from robbery, but for murder.
Don’t admit because highly prejudicial murder context
D apprehended in GA and found to have escaped from GA jail after a GA robbery, and to have fake ID. Tried for NY robbery in NY. Admit GA apprehension/fake ID to show evidence of flight?
Allowed but need 102 stipulation. Stipulation is found in different jdx after NY robbery.
Probability evidence is inadmissible if ___
lacks evidentiary foundation and statistical theory (bad math)
if I have an expert I want to testify on the rate at which alcohol is removed from the blood after consumption, the judge gets ___
to decide if qualified and can rely on hearsay or other admissible evidence since not actual issue of fact
To be relevant, evidence must be both ___
probative (moves the ball) AND material (probative of something that legally matters here)
Violent BF killed by daughter, mom gave daughter gun. Can BF’s rap sheet come in?
yes probative and material to self-defense claim
104(b) involves evidence where there is a missing link in the chain that can either ___
- be filled in by jury by preponderance
- existence of which prosecutor will prove later
What are some ways to reduce prejudice?
- stipulation
- voir dire
- cross exam
- summation
- admitting alt evidence
- 105 limiting instructions
People v. Collins: D and wife charged w robbery; Pros introduced mathematical testimony. Outcome
Probative value of bad math low but prejudice high because jurors likely to just inherently believe more because it is math
Under Bowman, racism should be excluded if ___
no racially motivated charges
