Relevance

Question 1

General Admissibility of Relevant Evidence

Answer 1

Relevant evidence is admissible unless another rule provides otherwise. Irrelevant evidence is not admissible.

Question 2

Test for Relevance

Answer 2

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

Matters always of consequence
– witness credibility
– authenticity of documents and other real evidence

Question 3

Conditional Relevance

Answer 3

When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence that the proof be introduced later.

NOTE:
– the judge determines whether there has been sufficient evidence introduced to allow the jury to make a finding

– the jury determines, by a preponderance of the evidence (51%) whether the conditional fact has been proven or not

Question 4

Evidence of Flight (conditional relevance)

Answer 4

For evidence of flight to be relevant, the jury must make four conclusions:

1) the defendant was actually trying to flee;
2) the reason the defendant was fleeing was because of a consciousness of guilt;
3) the defendant’s consciousness of guilt was for the current crime; and
4) the defendant’s consciousness of guilt means that he actually committed the crime

Question 5

Rule of Completeness

Answer 5

Where part or all of a statement is introduced into evidence, the adverse party may require the proponent of the evidence to introduce any other party - or any related statement - that ought in fairness to be considered at the same time.

The adverse party may do so over a hearsay objection.