Relevance: Flight & Guilt

Question 1

Rule 403

Answer 1

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Question 2

Rule 403 Three Step Process

Answer 2

1) Determine the probative value of the proffered evidence.
2) Identify the presence of any six dangers (e.g., unfair prejudice)
3) Balance the probative value against the identified danger to determine if the danger substantially outweighs the probative value.

Question 3

Rule 403 in Action 1: State v. Chapple

Answer 3

Facts:
Relevant:
Probative:
Danger:

Question 4

Rule 403 in Action 2: Old Chief v. United States

Answer 4

Charges brought:

• Assault with a dangerous weapon.
• using a firearm in a crime of violence
• 18 USC Sec. 922(g)(1)-being a convicted felon in possession of a firearm.

Question 5

Rule 105

Answer 5

If the court admits evidence that is admissible against a party or for a purpose—but not against another party or for a purpose—the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.