Prejudice, Confusion, or Waste of Time (Ch. 7)

Question 1

What rule(s) does 403 act as a counterweight to?

Answer 1

Rules 402 (broadly authorizes the admission of relevant evidence)
Rule 401 (defines relevance in expansive terms)

Question 2

Rule 403

Answer 2

• allows judges to close the doors to some relevant evidence
• recognizes that some evidence, while relevant, might have unfair effects if introduced at trial

Question 3

Is 403 a “must” or “may” rule?

Answer 3

May

Question 4

What is the effect of “may” rules?

Answer 4

A judge could allow the evidence in one case but exclude very similar evidence in a different case due to changed circumstances

Question 5

What does 403 mean for appellate courts?

Answer 5

1. Appellate Courts rarely reverse 403 rulings

2. BUT since there is discretion - opportunity for persuasive advocacy

Question 6

_________ substantially outweighed by _______

Answer 6

probative value - substantially outweighed by - unfair prejudice/misleading jury/wasting time

Question 7

Admit or exclude under 403: probative value outweighed by unfair prejudice?

Answer 7

Admit

Question 8

Admit or exclude under 403: probative value substantially outweighed by unfair prejudice?

Answer 8

Exclude

Question 9

Admit or exclude under 403: probative value slightly outweighs unfair prejudice?

Answer 9

Admit

Question 10

Admit or exclude under 403: probative value equal to unfair prejudice?

Answer 10

Admit

Question 11

Admit or exclude under 403: probative value substantially outweighs unfair prejudice

Answer 11

Admit, yes, this was a trick :)

Question 12

Policy of 403

Answer 12

• firm tilt toward admissibility

- assumption - jury will weight evienc eappropriately

Question 13

What kind of evidence can be excluded under 403

Answer 13

1. unfair prejudice
2. confusing the issues
3. misleading the jury
4. undue dely
5. wasting time
6. cumulative evidence

Question 14

SCOTUS: “unfairly prejudicial” evidence

Answer 14

lures the fact finder into declaring guilt/liability on a ground different from proof specific to the offense charged

• evidence that will tempt the jury to decide the case on grounds different from those the law demands

Question 15

5 factors that influence a judges decision

Answer 15

1. arouse emotions/irrational prejudices (**Advisory Committee most concerned with)
2. likelihood jury might overvalue the evidence
3. strength of connection b/w evidence and the elements
4. alternative route available to prove the same facts?
5. possibility of reducing prejudice once evidence is introduced (redact, limiting instruction, etc.)

Question 16

Would a judge allow in: damaging evidence (strongly supports the position of one pary)

Answer 16

Likely yes, it is not “unfair” just persuassive

Question 17

Would a judge allow in: videos & photos?

Answer 17

1. video showing D committing crime they are charged with - likely admitted
2. Photo or video ONLY shows effect of the crime, nOT the act - possibility of unfair prejudice more substantial * children’s handprint on table and corpse of mother - excluded
   * photo showing corpse - showed position of body at time of shooting - admitted

Question 18

Would a judge allow in: socially undesirable behavior

Answer 18

1. Embezzlement - oppulent lifestyle? Some allow, goes to motive. Others exclude.
2. Racism - depends.
   * Allowed: engage in criminal activities to advance the ends of white supremacists
   * Not Allowed: “white only” clause to show unity. Other ways to show unity of club.

Question 19

Would a judge allow in: flight

Answer 19

• depends, travel can be innocent as well as guilty

Question 20

Can you stipulate around an issue/element?

Answer 20

facts related to an element of a crime or civil claim are “of consequence” even if the parties do not actually dispute that element

Question 21

Old Chief (1997)

Answer 21

1. For most elements of a crime, prosecution can choose to present detailed evidence rather than accepting D’s offer to stipulate
2. DIFFERENT calculus for felon-in-possession statute. Probative value of previous crime is low b/c ANY felony bars D from gun possession.

Question 22

How does the prosecution use Old Chief?

Answer 22

Use the language of the case to introduce evidence of other criminal behavior

Question 23

How does the defense use Old Chief?

Answer 23

can stipulate felony status in gun possession cases

Question 24

Would a judge allow in: stipulations?

Answer 24

Depends, affects the balance of unfair prejudice and probative value

Question 25

How does 403 work in a bench trial context?

Answer 25

1. it is awkward to exclude evidence b/c it is “unfairly prejudicial or confusing” when the judge is the evaluating
2. parties don’t use unfairly prejudicial or confusing
3. parties use waste of time or unduly cumulative

Question 26

What are the “3 keys to 403?”

Answer 26

1. the rule prohibits only UNFAIR prejudice
2. the judge may preclude evidence only if the UP substantially outweighs its probative value
3. Highly discretionary - “may” exclude relevant evidence