Relevance Flashcards
Admissibility of Evidence Rule
Evidence must be relevant to be admissible & all relevant evidence is admissible unless:
- Excluded by a Specific rule,
- law or
- constitutional provision
What is relevant evidence?
Evidence is relevant if:
- Probative and
- Material
When is evidence Probative?
Tendency to make a fact more or less probable than it would be without the evidence
- aka Logical Relevance
When is evidence Material ?
Evidence that is helpful in deciding the case
- aka Legal Relevance
When may relevant evidence be excluded?
If the probative value is substantially outweighed by the danger of the following unfair prejudice:
- The evidence confuses the issues
- The evidence misleads the jury
- The evidence causes undue delay
- The evidence wasts time
- Needles presentation of cumulative evidence
Direct Evidence
Identical to the factual proposition that it is offered to prove
What is circumstantial Evidence?
Indirect Proof - Facts that logically establish other facts
When the relevance of evidence depends upon whether a fact exists
Proof must be sufficient to support finding that the fact does exist
- Court May admit the proposed evidence on the condition that proof is introduced later
When is irrelevant evidence admissible?
Curative Admission
- When court admits evidence that is not relevant
- Court may Admit the proposed evidence when nec. to rebut previously admitted irrelevant evidence to remove unfair prejudice
What is Character Evidence ?
Generalized information about a person’s behavior
- Information D is a criminal
- a bad parent
- inattentive driver
Generally Admissible
When is Character Evidence Inadmissible in Civil Cases?
To prove a perso acted in accordance with that character (or trait) on a particular occasion
When is character evidence admissible in a Civil Case?
When character is an essential element of a claim or defense (not a means of proving person’s conduct)
- Commonly an essential element in:
- Defamation (character of P)
- Negligent Hiring(Char. of pers. Hired)
- Negligent Entrustment (Char. of pers. entrusted)
- Child-Custody Cases (Char. of parent or guardian)
Criminal Case - By Prosecution - Evidence of Defendant’s Bad Character
- Not permitted to prove D has propensity to commit crimes so its likely he also commited the crime in question
- BUT once D “opens the door” (offers ev. of his good char. or victims bad char.) Prosecution can rebut D’s claims by attacking D’s character
Criminal Case - By Defendant - Evidence of Defendant’s Good Character
- A defendant can into. ev. of his good char. as being inconsistent with the type of crime charged
- BUT must be pertinent to crime charged and
- must be in the form of reputation/opinion testimony
Criminal Case -Victim’s Character (By Defense)
- D can introduce reputation/opinion evidence of victim’s char. when relevant to defense asserted
- Intro. of ev. of alleged victim’s sexual misconduct is significantly limited
Criminal Case - Victims Character (By Prosecution)
- Can Offer rebuttal evidence of victim’s good char. when D has intro. ev. of victim’s bad char.
- Homicide Case - can into. trait for peacefulness to rebut ev. that vic. was first aggressor
Methods of Proving Character
When char. ev. is admissible, it may always be proved by:
- Testimony about the person’s rep. or
- in the form of the witness’s opinion
Definition of Reputation Evidence
- Defendant’s reputation in the community
- Community - Includes ppl who D engages with on a regular basis
When is Character Evidence Admissible for Impeachment Purposes?
Char. ev. of witness’s untruthfulness is admissible/relevant to impeach a witness
Evidence of Bad Acts
- Not admiss. to show D’s criminal propensity to prove he committed crime in question
- Admissible for another purp. such as:
- Motive,
- Opportunity
- intent
- preparation
- plan
- knowldge
- Identity
- Absence of Mistake, or
- Lack of accident
What is the MIMIC rule?
When evidence of other crimes may be admissible
- Intent
- Absence of Mistake
- Identity
- Common Plan or
- Scheme
Civil Cases - Introduction of Specific Acts as Character Evidence
- When char. ev. is admiss. as ev. in civil case (essential element of claim/defense)
- It can be proved by:
- specific instances of a person’s conduct or
- testimony about person’s reputation or
- testimoney in the form of an opinion
Criminal Cases - Introduction of Specific Acts as Character Evidence
- Char. is Essential Elem. of the crime charged - D can intoduce relevant specific acts inconsistent with the crime and
- Non-Propensity Use - MIMIC ev., instances of conduct may be admissible
- Specific acts not admiss. to show D’s criminal propensity
MIMIC Evidence - Notice
- When Criminal D requests,
- Prosecution must provide reas. notice
- of the general nature of such evidence the Prosecution intends to offer at trial
- Must give notice b/f trial unless court excuses lack of pretrial notice for good cause
Cross-Examination of Character Witness
Court may allow a party to ask about specific acts committed by the person the wit. is testifying about
What is Habit Evidence?
Evidence of a person’s particular routine reaction to a specific set of circumstances
When is Habbit Evidence Admissible?
- To prove person acted in accordane with habbit on a particular occasion
- Can be admitted w/out coroboration and w/out an eyewitness
What analysis is all evidence subject to?
403 Balancing: if the probative value is substantially outweighed by the prejudicial effects
If character evidence is based on opinion, what must a witness establish?
That he has sufficient knowledge to form an opinion about the particular trait
When char. is an essential element of the trial, what type of char. evidence is admissible?
Specific instances of that person’s conduct may be offered as evidence
In a criminal case, what are the limits on the use of character evidence ?
The pertinent trait of what the D is on trial for is all that can be discussed by character evidence
- If case involves crime of violence - peacefulness is the pertinent trait
- If trial is for fraud - Honesty is the pertinent trait
When can testimony in Criminal case about the pertinent trait or character of the Victim be introduced?
- D can offer ev. of victim’s violent char. as circ. ev.
- That vic. was the first aggressor
- and D acted in self defense
If Defendant offers evidence that the victim was the 1st aggressor, what can the prosecution do?
- Prosecution can offer evidence of the victim’s good char. for peacefulness
- Prosecution can only rehabilitate victim’s char. of peacefulness b/c ev. used was not character evidence
- It was related to the specific facts at issue
