Relevance Flashcards
What does section 210 define as relevant evidence?
Evidence relevant to the credibility of a witness or hearsay declarant and having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.
Can a defense attorney stipulate to elements of a charged crime to exclude relevant evidence?
No, a plea of not guilty puts every element of the charged crime in dispute.
What is the relationship between section 352 and the admissibility of evidence?
Section 352 serves to exclude evidence; it never operates to admit evidence.
Under what conditions may the court exclude evidence according to section 352?
If its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time or create substantial danger of undue prejudice, confusing the issues, or misleading the jury.
What must one remember about the probative value of evidence in relation to section 352?
Evidence may not be excluded under section 352 unless its probative value is substantially outweighed by the danger of undue prejudice, undue consumption of time, etc.
True or False: A third party’s motive and opportunity to commit a crime are sufficient to raise reasonable doubt about a defendant’s guilt.
False.
What must be present for third party culpability evidence to be admissible?
Direct and/or circumstantial evidence linking the third party to the commission of the charged crime.
Why do appellate courts often uphold a trial court’s discretionary exclusion of third party culpability evidence?
Because it often necessitates an undue consumption of time and its speculative nature can mislead the jury.
What should one do if concerned about third party culpability evidence in a case?
Address it through a motion in limine to be heard before the attachment of jeopardy.
Fill in the blank: Section 352 provides that the court may exclude evidence if its probative value is __________.
substantially outweighed by the probability of undue prejudice.
What is the primary focus of section 352?
To provide criteria for the exclusion of evidence based on its probative value versus potential prejudice.
What is often a challenge in proving a charge beyond a reasonable doubt?
Simultaneously exonerating a third party culpable individual.
What is a common misconception among defense lawyers regarding the exclusion of evidence?
That they can stipulate to elements of a crime to exclude relevant evidence.
