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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
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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
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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
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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
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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 . . .
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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
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7. 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
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8. 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
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9. 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
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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 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
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11. 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 to request your slides.
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