RELEVANCE/PRELIMINARY Flashcards
Test for Relevance
Evidence is relevant if:
- Has tendency to make fact more or less probable
- Fact is of consequence in action
Rule 403 - Weighing Relevant Evidence
Court may exclude evidence if its probative value is substantially outweighed by:
- Unfair Prejudice
- Confusing of the Issues
- Misleading the Jury
- Undue Delay
- Wasting time
- Needlessly presenting cumulative evidence
Rule 403 favors admissibility
Character Evidence Rules
Refers to a person’s general propensity or disposition
Generally, evidence of character is inadmissible to prove that he acted in accordance with that character at the particular time.
A reputation witness may be examined as to whether or not he has heard of specific acts relating to reputation. Since this is related to impeachment it is admissible (HIGHLY TESTED)
Specific acts may be used during cross to test the validity of reputation or opinion testimony AND to show character if it is an essential element of case.
DEFENSE -
- Character evidence can be used by the accused to show character traits inconsistent with the crime charged (testimony that defendant is an honest person to show he did not commit fraud)
- Character evidence can be used by the accused when it is relevant due to the asserted self-defense claim
Defendant -
- Once defendant opens the door on character evidence by testifying to pertinent character trait of defendant, prosecution can rebut evidence that has been admitted
- Defendant can open door by offering testimony regarding victim’s pertinent character trait of violence. (reputation or opinion only no specific acts.
Prosecution can:
1. Test through cross-examination the witness’s credibility by asking about specific acts of the defendant
OR Call a “bad” character witness who will testify as to the bad character of the defendant
- Prosecution can rebut with good character of the victim on that same trait AND bad character of the defendant through reputation or opinion
IN HOMICIDE CASES:
Prosecution may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the initial aggressor
Regardless of the door opening, may introduce circumstantial evidence of other crimes, wrongs, or acts for proving: (MIMIC RULE) (BALANCE WITH 403)
- Motive
- Intent
- Absence of Mistake
- Identity
- Knowledge
- Opportunity
- Preparation
- Plan
- Scheme
- Character evidence can be used to show essential element of case through the use of Reputation, opinion, and specific acts
Actions where character is an issue:
- Defamation
- Child Custody
- Negligent entrustment
- Negligent Hiring
Habit/Routine
Habit - Automatic, invariable patterns of behavior that could be characterized by “always” and “invariably”. Regular response to a situation with any forethought. Can be shown through opinion or specific acts
Habit evidence does not require cooperation
Habit evidence can be used to show someone acted in accordance with the routine practice. Can be negative or positive.
When are Subsequent Remedial Measures admissible
- Impeachment
2. In dispute regarding ownership, control, or the feasibility of precautionary measures
When are Settlement Negotiations admissible
Negotiations are not admissible to prove validity or amount of claim, nor for impeachment purposes. Statements made in connection with offers to settle are not admissible and cannot be severed from the settlement offers.
Admissible to show:
- Witness bias or prejudice
- Negating undue delay
- Showing effort to obstruct criminal investigation or prosecution
Offers to pay medical expenses
Not admissible similar to the rule outlining settlement negotiation. However statements made in connection are admissible and can be severed
Plea Discussions
Evidence of the following are not admissible against defendant who engaged in plea discussions:
- Withdrawn guilty plea
- Nolo contendre plea
- Statement made during a plea proceeding
- Statements made to attorney if the discussions dont result in guily plea
Insurance Liability
Evidence of insurance against liability not admissible to prove negligence.
Admissible for another purpose.
Statements made in connection can be servered.
Sexual-Offense (VICTIM)
Reputation and opinion evidence is inadmissible to show victim engaged in other sexual behavior OR a their sexual disposition.
In criminal case the following is admissible:
- Specific instances of victim’s sexual behavior if offered to show that a person other than defendant was source of physical evidence
- Specific instances of a victim’s sexual behavior in relation to the person accused to show consent
- Evidence that if not admitted would violate constitutional rights.
In civil case:
1. Court may admit evidence to prove a victim’s sexual behavior or disposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice
Sexual Offense (PERPETRATOR)
As long as the current case is for a similar sexual crime the court can admit specific acts relating to:
- Sexual Assault
- Child Molestation
- Both in civil case
Privileges
Attorney-Client Physician Patient Psychotherapost Patient Spousal Testimony Spousal Communication Clergy-Pentient Political Vote Trade Secrets State Secrets Identity of Informer Fifth Amendment
Competency of Witness
Every person is competent
In a civil case state law controls
Juror restrictions
Judge and witnesses cannot be jurors
Rulings on Evidence - 103
Party may claim error in a ruling to admit or exclude evidence if the error affects a substantial right and:
- IF IT ADMITS - Party timely objects or moves to strike AND states the specific grounds unless apparent.
- IF IT EXCLUDES - Party informs the court of tis substance by an offer of proof, unless the substance was apparent from the context
Harmless error doctrine - An error is harmless if the jury would have reached the same verdict even if the error had not occurred.
Plain error doctrine - Highly prejudicial error affecting substantial rights.
