Evidence

Question 1

When is evidence relevant?

Answer 1

Evidence is relevant if (a) it has the tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action

Question 2

When is relevant evidence admissible?

Answer 2

Relevant evidence is admissible unless any of the following provide otherwise: the U.S. Constitution, a federal statute, FRE, or other rules prescribed by the Supreme Court. Irrelevant evidence is not admissible.

Question 3

When may a court exclude relevant evidence?

Answer 3

If its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Question 4

Is character evidence admissible?

Answer 4

Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with that character or trait.

Question 5

Is habit evidence admissible?

Answer 5

Evidence of a person’s habit or an organization’s routine practice may be admissible to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it was corroborated or witnessed.

Question 6

Is evidence of any other crime, wrong, or act admissible?

Answer 6

Evidence of any other crime, wrong, or act is inadmissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with that character. It may be admissible for other purposes, such as motive, intent, absence of mistake, identity, or common scheme/plan.

Question 7

Can a lay witness give an opinion testimony?

Answer 7

If a witness is not testifying as an expert, testimony of an opinion is limited to one that is: (a) rationally based on the witness’s perception; (b) helpful to clearly understand the witness’s testimony or to determine a fact in issue; and (c) not based on scientific, technical, or specialized knowledge.

Question 8

May a defendant in a criminal case offer character evidence?

Answer 8

A defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it.

Question 9

May a defendant in a criminal case offer evidence of an alleged victim’s pertinent trait?

Answer 9

A defendant may offer evidence of an alleged victim’s pertinent trait, and if admitted, the prosecutor may:

(i) offer evidence to rebut it; and

(ii) offer evidence of the defendant’s same trait; and

(C) in a homicide case, the prosecutor may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor.

Question 10

Is character evidence admissible against a witness?

Answer 10

Evidence of a witness’s character may be admitted for purposes such as credibility and impeachment.