Relevance Rule 401 Evidence is relevant if a

Relevance: Rule 401 • Evidence is relevant if (a) – Has any tendency – To make any fact more or less probable – (b) And that fact is of consequence to the action • Relevance differs from sufficiency; evidence is relevant if – It has any tendency, no matter how small – To make a fact of consequence more or less probable Copyright © 2019 Carolina Academic Press. All rights reserved.

Sufficiency • Sufficiency Depends Upon Standard of Proof – Is There Enough Evidence to Prove Guilt BRD in a Criminal Case – Is There Enough Evidence to Prove a Civil Case by a Preponderance • A Party Might Have Several Items of Relevant Evidence and Still Suffer a Judgment as a Matter of Law or a Judgment of Acquittal Copyright © 2019 Carolina Academic Press. All rights reserved.

Basic Principles • Cases are proved a piece at a time • Common law materiality =s of consequence to the action • Common law relevance =s more or less probable Copyright © 2019 Carolina Academic Press. All rights reserved.

Rule 402 • Relevant evidence is admissible unless made inadmissible by – These Rules or others adopted by Supreme Court (e. g. , Fed. R. Civ. P. ) – A federal statute – Constitution • Irrelevant evidence is inadmissible Copyright © 2019 Carolina Academic Press. All rights reserved.

Basic Rule II • True or False? All relevant evidence is admissible and an objection to relevant evidence will be overruled. • False • All relevant evidence admissible EXCEPT. . . Copyright © 2019 Carolina Academic Press. All rights reserved.

Basic Rule III • True or False: Upon proper objection, irrelevant evidence is never admissible. • True. Irrelevant evidence is simply inadmissible – provided a timely, specific and correct objection is made. • Judge determines relevance • Decision based on reason (logic) and experience Copyright © 2019 Carolina Academic Press. All rights reserved.

Direct and Circumstantial • Direct evidence -- if believed, proves a point without the need for inferences • Circumstantial evidence -- requires inferences • Neither is necessarily more powerful • Judges instruct on both and then tell the jury it makes no difference Copyright © 2019 Carolina Academic Press. All rights reserved.

Example of Direct Evidence • Eyewitness says “I saw defendant shoot the deceased” • Powerful? Maybe, but suppose witness was – a mile away – not wearing glasses – under the influence of an illegal controlled substance – drunk as a skunk Copyright © 2019 Carolina Academic Press. All rights reserved.

Example of Circumstantial Evidence • Witness – Heard a shot – A second later, saw defendant standing over deceased with a smoking gun • Inference: Defendant shot the deceased • Powerful? • Absolutely Copyright © 2019 Carolina Academic Press. All rights reserved.

US v Foster (D. C. Cir. 1993) -- Cocaine Possession With Intent to Distribute w/in 1000 Feet of School • Sgt Clark IDs Foster from 150 Yds Away and 30 -40 Feet Above Using Binoculars sees • Foster in Front Seat of Car; Give Something to Someone in Back Seat, Walk to Basketball Court, Receive Money from Someone and Hand Over a Small White Object, Walk Away, Take Two Clear Plastic Bags from Pocket, Put Them Into a Brown Paper Bag, Drop Bag Over a Fence, Pick Up Bag Again, Walk Over to Apartment Bldg and Drop Bag Near Another Fence • Clark Radios Description, Other Officers Arrive and Arrest Foster and Retrieve Brown Bag Which Has 51 Packets of Crack Cocaine Copyright © 2019 Carolina Academic Press. All rights reserved.

The full set of 925 slides is available upon adoption. If you are a professor using this book for a class, please contact Beth at bhall@cap-press. com to request your slides. Copyright © 2019 Carolina Academic Press. All rights reserved.