RELEVANCE Flashcards
What makes a fact a material fact?
A material fact is a consequential fact, or
- a fact of consequence to determining the action.
Materiality describes the relationship between a proposition, and the specific issues of the case.
E.g. Evidence of voluntary intoxication is material to the issues of a 1st Degree murder charge, because it would negate an element of the crime. Premeditation.
It is Immaterial to a 2nd degree murder charge (premeditation is not an element), but the results of a Blood-Alcohol test could be offered as evidence of intoxication (Relevant evidence, not Material).
Relevancy defines the Relationship between:
An Item of evidence and the proposition it is offered to prove.
Consequential Facts are determined by Substantive Law, For example?
1) Elements of a charged Crime
2) The elements of a Cause of Action
3) The elements of an affirmative defense
4) damages in a civil case.
To Determine Relevancy, the Judge relies on:
LOGIC
(informed by EXPERIENCE OR SCIENCE)
Judge determines the probative value of the evidence, if true.
Circumstantial Evidence
Evidence which can be used to make inferences about a material fact or consequence.
E.G. Footprints in the snow, the paperboy delivered the newspaper.
Rule 402 : Admissibility of Evidence
Relevant is admissible in the absence of a RULE OF EXCLUSION.
403: BALANCING
(Conditions under which a Court can Exclude Relevant Evidence)
3 Step Process
1) Determine the Probative Value of the Evidence
2) Determine the presence of Dangers:
- Unfair Prejudice
- Confusing the issues
- Misleading the Jury
3) Balance the Probative value against the Dangers.
If Dangers “Substantially Outweigh” the Probative value = exclusion is discretionary. (IT CAN BE INADMISSIBLE)
Evidence that Affects the INTEGRITY OF THE FACT FINDING PROCESS. (Because Jurors may not be able to fairly evaluate it.)
“Considerations” In Balancing:
Evidence that effects the efficiency of the courts:
- Wastes Time
- Causes undue delay
- needlessly presents cumulative evidence.
In Estimating Probative Value, a court may look to a facts:
“Remoteness” in the context.
- Remote in time (or geography)
Compare a recent threat to a threat from last year by the suspect in a murder trial.
Unfairly Prejudicial Evidence
- “an undue tendency to suggest decision on an improper basis, commonly, though not necessarily, an emotional one.
- Jury must not be able to rationally evaluate it.
Relevant Evidence: Two Core Concepts
To be admissible, Evidence must be:
1) Relevant &
2) Material
- Evidence that has ANY tendency to make the existence of a material or consequential fact more or less likely.
- ONLY More Probable with the evidence, than without it.
Example:
- Suspect had an affair with neighbors wife. (Husband was Murdered)
- With Motive evidence, it is more likely that the Defendant murdered the Husband, than it would be without the evidence.
Old Chief v. United States
403 Balancing
Probative Value may be calculated by comparing evidentiary alternatives.
403 Requires balancing Probative value and NEED FOR THE EVIDENCE.
When offer to admit crime as stipulated, it may render evidence inadmissible if risk of unfair prejudice outweighs probative value with stipulation.
Ballou v. Henri Studios
Rule 403
“weighing probative value against unfair prejudice under FRE 403 means probative value with respect to a material fact if the evidence is to be believed (not with respect to the believability of the witness).
Rule 403 Balancing
Appellate Review Standard
Abuse of discretion Standard of Review for Trial Court’s 403 Judgments.
Deference b/c:
1)403 operates in an area of indefinability - no fixed rule
2) TC’s perspective is closure to the facts of the case.
ONLY Reversed if IRRATIONAL / ARBITRARY.
Confusing the issues
Evidence may be excluded if it may confuse the issues, or
Distract the Jury from the proper issues.
(Marginally relevant Issues)
- Comparing one buildings collapse to anothers.
