4: Relevance Flashcards
Defendant’s past sexual conduct
In a criminal or civil case in which a defendant is accused of committing:
- an act of sexual assault (and the like) or
- child molestation,
evidence that the defendant committed any other sexual assault or child molestation is admissible to prove any relevant matter.
That is to say, these rules allow admission of prior bad acts in order to make a propensity argument, which is contrary to the general character evidence rules.
Excluding relevant evidence
Relevant evidence can be excluded if its probative value is substantially outweighed by the danger of:
- unfair prejudice,
- confusion of the issues,
- misleading the jury,
- undue delay,
- wasting time, or
- needlessly presenting cumulative evidence.
Relevance and admissibility
Evidence must be relevant to be admissible, and all relevant evidence is admissible unless excluded by a specific rule, law, or constitutional provision.
Relevance: standard
Evidence is relevant if:
- it has any tendency to make a fact more or less probable than it would be without the evidence, and
- the fact is of consequence in determining the action.
Curative admission
When a court erroneously admits evidence, the court may permit the introduction of additional inadmissible evidence to rebut the previously admitted evidence.
Known as a curative admission, such evidence can be admitted at the court’s discretion when necessary to remove unfair prejudice.
Curative admission: failure to object
A court has discretion to admit additional evidence to rebut previously admitted inadmissible evidence even if the party admitting the additional evidence failed to object to the previously admitted evidence.
The failure to object is one a factor to be considered in determining whether the party was unfairly prejudiced, but it is not determinative.
Stipulation to a fact of consequence
The mere fact that a party has stipulated to a fact of consequence does not automatically preclude the opposing party from presenting evidence probative of that fact.
Such evidence, however, may be excluded on the basis that it is unfairly prejudicial.
