Relevance

Question 1

When is evidence relevant?

Answer 1

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

(What is your point? Why should I care?)

Question 2

Weight/Sufficiency

Answer 2

Once court rules a piece of evidence is relevant, a jury decides what weight or sufficiency to give to that evidence

Weight: Total probative worth that the fact finder assigns to the proof in the case

Sufficiency: Enough evidence to satisfy the standard of proof that applies to the case

Question 3

Admissibility of relevant evidence

Answer 3

All relevant evidence is admissible. Evidence that is not relevant is not admissible.

Question 4

Relevant evidence may be excluded if:

Answer 4

Its probative value is substantially outweighed by the danger of:

• Unfair prejudice
• Confusion of the issues
• Misleading the jury
• Undue delay
• Waste of time
• Needless presentation of cumulative evidence

Question 5

Old Chief v. United States (I)

Answer 5

Whether to include name and details of the prior conviction:
o Immediately take a dislike to him if hear that he has a prior felony conviction
• Defense can offer a stipulation/agreement – agree he is a felon in front of jury without saying what the felony was
o Want jury to focus on whether there was a gun on the defendant
• Unfair prejudice – could be a problem if the jury hears this information

Question 6

State v. Chapple

Answer 6

Gruesome photos – whether they can be excluded?

Yes – discretion of the judge. Could be undue delay, cumulative (do they all show the same thing?), or unfair prejudice.

Question 7

Limited admissibility

Answer 7

Evidence may be restricted in its admissibility. The judge instructs the jury what it may consider the evidence for, and what it
may not consider the evidence for.

Question 8

Completeness

Answer 8

Evidence may be introduced to allow fairness and/or context to situation