II. Relevance Flashcards
When is evidence admissible?
Generally, all relevant evidence is admissible unless excluded by a specific rule, law, or constitutional provision.
Evidence is relevant if it is probative and material of a fact at issue.
Probative: fact has a tendency to make a fact more or less probable than it would be w/out the evidence
Material: fact is of consequence in determining the action
Direct and circumstantial evidence
Direct: identical to factual proposition it is offered to prove
Circumstantial: indirect proof of factual proposition through inference from collateral facts
Exclusion of relevant evidence (R. 403)
If probative value is substantially outweighed by the danger of unfair prejudice (confusing the issues, misleading the jury, undue delay, wasting time, needless presentation of cumulative evidence)
Relevance dependent on existence of fact
Proof must be sufficient to support finding that the fact does exist; may be admitted on condition that proof is later introduced
Curative admission of irrelevant evidence
Admitted when necessary to rebut previously admitted irrelevant evidence to remove unfair prejudice
Character evidence in civil cases
Character evidence: generalized information about a person’s behavior is typically inadmissible.
Inadmissible to prove a person acted in accordance w/ that character on a particular occasion.
Admissible when character is essential element of the claim/defense instead of proving a person’s conduct (usually defamation, negligent hiring/entrustment, & child custody cases)
Defendant’s character evidence in criminal cases
Character evidence: generalized information about a person’s behavior is typically inadmissible.
By prosecution: not permitted to introduce evidence of D’s bad character to prove D has propensity to commit crimes so likely to have committed the crime in question.
By defense: D permitted to introduce evidence of good character as being inconsistent w/ the type of crime charged, but must be pertinent to the crime charged, and must be reputation/opinion testimony
D “opens the door” once D offers evidence of his good character or victim’s bad character, prosecution can rebut D’s claims by attacking D’s character.
NC: the D does not open the door to a discussion of his own character by discussing the character of the victim. However, prosecution may still put on evidence of victim’s good character.
Victim’s character in criminal cases
By defense: D may introduce reputation/opinion evidence of victim’s character when relevant to defense asserted (evidence of victim’s sexual conduct very limited)
By prosecution: prosecution can offer rebuttal evidence of victim’s good character when D has introduced evidence of victim’s bad character (and trait for peacefulness in homicide case to rebut evidence homicide victim was first aggressor).
NC: the D does not open the door to a discussion of his own character by discussing the character of the victim. However, prosecution may still put on evidence of victim’s good character.
Methods of proving character
When admissible, it may be proven by testimony about the person’s reputation or witness opinion.
Impeaching a witness regarding character evidence
character evidence of witness’s untruthfulness is admissible/relevant to impeach witness.
Prior bad acts
Not admissible to show D’s criminal propensity that he committed the crime in question. However, MIMIC evidence admissible.
Motive, Intent, absence of Mistake, Identity, or Common plan
Subject to admissibility restrictions, may be introduced for any other purpose except to prove D committed crime charged or had propensity to commit crimes.
When criminal D requests, prosecution must provide reasonable notice of the general nature of MIMIC evidence; must give notice before trial unless court excuses it for lack of pretrial notice of good cause.
Specific acts as character evidence in a civil trial
Civil: when character evidence is an essential element of claim/defense, can be prove by specific acts or opinion/reputation testimony.
Cross: character witness can be asked about specific acts committed by person witness is testifying about.
Specific acts of character evidence in a criminal trial
Specific acts not admissible to show D’s criminal propensity; when character is essential element of charged crime, D may offer specific prior acts inconsistent w/ element of crime.
Cross: character witness can be asked about specific acts committed by person witness is testifying about.
Habit evidence
A person’s particular routine reaction to specific set of circumstances.
Evidence of person’s habit is admissible to prove person acted in accordance w/ habit on particular occasion.
May be admitted w/out corroboration and w/out eyewitness.
