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Copyright © 2019 Carolina Academic Press. All rights reserved. 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.

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.

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.

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.

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.

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.

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.

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.