What is Relevant Evidence?
n
n To be relevant, and thus admissible, evidence must be
probative
probative , which means that it must tend to prove
something material to the case.
n
n Relevance requires:
n
n Logical relevance
n
n This means it must tend to prove or disprove a fact at issue.
n
n Legal Relevance
n
n This means the evidence must be admissible and cannot be
used to prove something that is inadmissible or not
““ provable
provable ” in the case. For example:
n
n If a suit based on a contract is barred by the statute of frauds
If a suit based on a contract is barred by the statute of frauds ,
the oral evidence of that contract would have no legal
relevance.
relevance.
Evidence Lecture 5 Slide 1
What is relevant? (part 2)
n
n The standard of probability rule:
n
n The evidence, to be relevant, only has to make a material
fact more probable than it would be without the evidence.
n
n The evidence need not make a major impact, it must only
increase the probability by a ““ scintilla
scintilla ”
n
n How much weight to actually give a piece of evidence is the
decision of the trier of fact.
n
n In addition, evidence may be considered irrelevant if it
exceeds (in scope) the issue at hand
n
n (The evidence should be limited to what is actually
necessary to prove the fact in question.)
necessary to prove the fact in question.)
Evidence Lecture 5 Slide 2
What is relevant? (part 3)
n
n If evidence ““ ought
ought ” not be relevant (i.e., the jury really
should not consider that issue in making its
determination), evidence can be excluded even though
technically relevant.
n
n For Example:
n
n A person
A person ’s membership in a gang
n
n A person
A person ’s mental incapacity or instability
n
n Whether the defendant was covered by car insurance
n
n Etc.
Etc.
Evidence Lecture 5 Slide 3
Rule 403 and the Limits of Relevance
n
n This rule states that evidence can be excluded,
even if relevant and not proscribed by any other
rule of evidence if there is a danger of any of
the following:
n unfair prejudice
n confusion of the issues
n misleading the jury
n undue delay
n waste of time
n needless presentation of cumulative evidence
Evidence Lecture 5 Slide 4
Rule 403 and the Limits of Relevance part 2
n
n This is sometimes known as the ““ fall back
back ” exception,
because it is what attorneys can ““ fall back
back ” on to
challenge evidence if there is no more specific challenge
to the evidence.
n
n Important: Rule 403 requires that the danger of any of
these factors ““ substantially outweigh
outweigh ” the probative
value of the evidence introduced.
n
n In reality, this makes Rule 403 challenges hard (but not
impossible) to win.
impossible) to win.
Evidence Lecture 5 Slide 5
Computer Animation and Demonstrations
n
n Although not evidence themselves, certain visual aids to
help the jury understand complex facts and events can
be used.
n
n However, it is very important that the jury not believe
that these demonstrations or artist renderings are
evidence themselves. The judge must be careful to:
n
n Caution the jury not to accept the demonstrations as fact,
but rather as the depiction of the person giving evidence
n
n Caution the jury that demonstrations are only designed to
aid in the presentation of evidence, not to BE the
presentation of evidence.
n
n Only allow demonstrations that are in accordance with the
testimony supporting it
testimony supporting it
Evidence Lecture 5 Slide 6
