Tests for Relevance

Direct Evidence Test Proffered Evidence D shot V D Guilty of Murder Fact Legal Outcome Makes Fact SML Affects Legal Outcome I saw D shoot V = Is this a FOC

Direct evidence is relevant if it is fact of consequence offered to prove a

Indirect Evidence Test EH: People at the scene are SML to have committed the crime. Makes Fact SML Proffered Evidence Fact D killed V I saw D leave scene before body found. EH is Valid

Indirect evidence is relevant if 2. The EH is valid. 1. EH links it to FOC & (SML is enough.)

Conditional Relevance Test EH: If X’s property is found at scene, it is SML that X did it. + Makes Fact SML Proffered Evidence Fact D owned a gold watch D killed V Gold watch found at scene EH is Valid Enough Evidence of Connecting Fact

Conditionally relevant evidence is relevant if: EH links the combination of the Proffered Evidence & the Connecting Fact to an FOC, & The EH is valid, & There is enough evidence of the connecting fact.

Types of Irrelevance (Phrases Judges Use) Remote (in time) Speculative Unrelated.