Evidence

Question 1

Admissibility (FROE 401, 402)

Answer 1

401 Relevant Evidence: having the tendency to make any important fact more or less probable than it would be without the evidence.

402 Only relevant evidence is admissible

Question 2

Relevance

Answer 2

Evidence is “Relevant” when

1. Probative: proposition is more likely to be true given the evidence than it would be without the evidence (just need slightly more likely) (FROE 401)
2. Material: proposition the evidence tends to prove has to be one that will affect the outcome of the case under applicable law

Question 3

Prejudice

Answer 3

Relevant evidence may be excluded if prejudicial effect substantially outweighs its probative value (FROE 403)

Question 4

Inherently Prejudicial Evidence

Answer 4

1. Bad character evidence (FROE 404b)

2. Evidence of other crimes, wrongs, or acts (when used to prove character, criminal propensity) (FROE 404)

Question 5

Exceptions to Other Crimes Limitation

Answer 5

1. Sex Crimes (FROE 413): evience of prior sex offenses even when it only shows propensity/character (there is a split on this–not all states accept this rule)
2. Impeachment: if D chooses to testify, can introduce other crimes evidence to question D’s credibility

Question 6

Zackowitz

Answer 6

Facts:

1. V insults D’s wife. Z comes back and shoots him.
2. Prosecutor wants to introduce evidence that D had other guns–>show propensity for murder.

BLL: bad character evidence is inadmissible (404b)