Chapter 4 Relevance An Overview 143 Determining Logical

Chapter 4 Relevance: An Overview 143

Determining Logical Relevance

FRE 401. Test for Relevant Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.

Important Points Relevance is not an inherent characteristic of any piece of evidence. The strength of the relationship between the evidence and a fact at issue needs only to be slight (“any tendency”) to satisfy the requirement of 401. In addition to “logical” relevancy the evidence must contain legal relevancy.

Logic Map for Rule 401

Determining Logical Relevance People v Adamson p. 146

Exclusion of Logically Relevant Evidence

FRE 402. General Admissibility of Relevant Evidence Relevant evidence is admissible unless any of the following provides otherwise: • • the United States Constitution; a federal statute; these rules; or other rules prescribed by the Supreme Court. Irrelevant evidence is not admissible.

FRE 402. General Admissibility of Relevant Evidence Relevant evidence is admissible unless any of the following provides otherwise: The majority of this class • • on this provision. the United States Constitution; focuses In other words, we examine the exclusion of evidence a federal statute; based on the Federal Rules these rules; or of Evidence. other rules prescribed by the Supreme Court. Irrelevant evidence is not admissible.

Logic Map for Rule 402

FRE 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons 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.

FRE 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons The court may exclude relevant evidence if its probative value is substantially outweighed Note: This is a “may” rule, not a “must” by a danger of one or more of the following: rule. This means that even IF the court that the probativethe value of issues, relevant unfair prejudice, finds confusing evidence IS substantially outweighed by the “counterweights” court is misleading the jury, one ofundue delay, thewasting not required to exclude the evidence. time, or needlessly presenting cumulative evidence.

A Common Mistake Students, when analyzing Rule 403, will often make the mistake of arguing, for example, the following: “Evidence of the previous conviction should be excluded because its probative value is outweighed by the danger of unfair prejudice. ” Assume the student is 100% correct. problem in the statement? Do you see the

A Common Mistake The problem is that the statement does not accurately reflect the rule. “Evidence of the previous conviction should be excluded because its probative value is outweighed by the danger of unfair prejudice. ”

A Common Mistake Rule 403 requires that, before the evidence may be excluded, such evidence be substantially outweighed by the danger of unfair prejudice.

403 Steps whether etermine dence 1) under Rule 401 (any tendency to make a fact more or less probable) If yes – presumptively admissible under 402 2) Assess strength of probative value 3) Assess the strength of any 403 counterweights.

Partial Logic Map for Rule 403 See page 153 for Complete Map

Partial Logic Map for Rule 403 See page 153 for Complete Map

Exclusion of Logically Relevant Evidence Under the Counterweights Carter v. Hewitt p. 154

Exclusion of Logically Relevant Evidence Under the Counterweights Old Chief v. United States p. 156

Judicial Determination of Preliminary Questions

FRE 104. Preliminary Questions (a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.

Judicial Determination of Conditional Relevancy

FRE 104. Preliminary Questions (b) Relevance That Depends on a Fact. When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.

Judicial Determination of Conditional Relevancy Huddleston v. United States p. 169

Reverse Balancing of 403 Normally, evidence that has probative value is presumptively admissible unless substantially outweighed by a Rule 403 counterweight. In two rules: Rules 412 and 609, however, the balancing test is reversed. For evidence to be admissible under these rules, the proponent must show that the probative value of the evidence substantially or otherwise outweighs any counterweights. This creates a presumption of inadmissibility for this evidence, but allows it to come in when it is strongly important to the case. This is call a “reverse 403” test.

FRE 412. Sex-Offense Cases: The Victim (a) criminal proceeding involving alleged sexual misconduct: (1) behavior; or (2) evidence offered to prove a victim’s sexual predisposition. (b) Exceptions. (1) Criminal Cases. The court may admit the following evidence in a criminal case: . . .

FRE 609. Impeachment by Evidence of a Criminal Conviction (a) In General. The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction: (1) for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence: . . . (B) must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect to that defendant; … (b) Limit on Using the Evidence After 10 Years. This subdivision (b) applies if more than 10 years have passed. . . Evidence of the conviction is admissible only if: (1) Its probative value … substantially outweighs its prejudicial effect….

Reverse 403 We will look at Rules 412 and 609 in greater detail later. At this point, just be aware that “reverse 403” rules exist.

End of Chapter 4