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
