Prejudice, Confusion, or Waste of Time (Ch. 7) Flashcards
What rule(s) does 403 act as a counterweight to?
Rules 402 (broadly authorizes the admission of relevant evidence) Rule 401 (defines relevance in expansive terms)
Rule 403
- allows judges to close the doors to some relevant evidence
- recognizes that some evidence, while relevant, might have unfair effects if introduced at trial
Is 403 a “must” or “may” rule?
May
What is the effect of “may” rules?
A judge could allow the evidence in one case but exclude very similar evidence in a different case due to changed circumstances
What does 403 mean for appellate courts?
- Appellate Courts rarely reverse 403 rulings
2. BUT since there is discretion - opportunity for persuasive advocacy
_________ substantially outweighed by _______
probative value - substantially outweighed by - unfair prejudice/misleading jury/wasting time
Admit or exclude under 403: probative value outweighed by unfair prejudice?
Admit
Admit or exclude under 403: probative value substantially outweighed by unfair prejudice?
Exclude
Admit or exclude under 403: probative value slightly outweighs unfair prejudice?
Admit
Admit or exclude under 403: probative value equal to unfair prejudice?
Admit
Admit or exclude under 403: probative value substantially outweighs unfair prejudice
Admit, yes, this was a trick :)
Policy of 403
- firm tilt toward admissibility
- assumption - jury will weight evienc eappropriately
What kind of evidence can be excluded under 403
- unfair prejudice
- confusing the issues
- misleading the jury
- undue dely
- wasting time
- cumulative evidence
SCOTUS: “unfairly prejudicial” evidence
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
5 factors that influence a judges decision
- arouse emotions/irrational prejudices (**Advisory Committee most concerned with)
- likelihood jury might overvalue the evidence
- strength of connection b/w evidence and the elements
- alternative route available to prove the same facts?
- possibility of reducing prejudice once evidence is introduced (redact, limiting instruction, etc.)
Would a judge allow in: damaging evidence (strongly supports the position of one pary)
Likely yes, it is not “unfair” just persuassive
Would a judge allow in: videos & photos?
- video showing D committing crime they are charged with - likely admitted
- 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
Would a judge allow in: socially undesirable behavior
- Embezzlement - oppulent lifestyle? Some allow, goes to motive. Others exclude.
- 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.
Would a judge allow in: flight
- depends, travel can be innocent as well as guilty
Can you stipulate around an issue/element?
facts related to an element of a crime or civil claim are “of consequence” even if the parties do not actually dispute that element
Old Chief (1997)
- For most elements of a crime, prosecution can choose to present detailed evidence rather than accepting D’s offer to stipulate
- DIFFERENT calculus for felon-in-possession statute. Probative value of previous crime is low b/c ANY felony bars D from gun possession.
How does the prosecution use Old Chief?
Use the language of the case to introduce evidence of other criminal behavior
How does the defense use Old Chief?
can stipulate felony status in gun possession cases
Would a judge allow in: stipulations?
Depends, affects the balance of unfair prejudice and probative value
