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5 Cards in this Set
- Front
- Back
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Legal Relevance
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[C] Evidence is legally relevant if its probative value is substantially outweighed by the risk of: (1) unfair prejudice; (2) misleading or distracting the jury; (3) confusion of the issues; and (4) undue delay. [FRE 403 / CEC 352]
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Legal Relevance, Evidence Examples
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(1) Emotionally disturbing evidence (2) Evidence that could logically prove two different facts (e.g. he is a liar, or because he has robbed before, he robbed here) and will be permitted for one purpose, but not for another.
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Legal Relevance, Evidence Examples, Character Evidence
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Of the three methods of proving character provided by the rule, evidence of specific instances of conduct is the most convincing. At the same time it possesses the greatest capacity to arouse prejudice, to confuse, to surprise, and to consume time. Propensity evidence risks unfair prejudice in two forms: (1) the jury will “give excessive weight to the vicious record of crime thus exhibited, and … allow it to bear too strongly on the present charge …”; (2) jury might decide to punish defendant for general bad character (keep him off the street), or to punish him even if not for this specific crime. (“preventative conviction”).
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Legal Relevance, Probative Examples
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(1) Importance of the point being proven (2) Probative force: how strongly does the evidence prove the point (3) Extent disputed (4) Similarity of acts (5) Closeness in time (6) Availability of proof by other means (7) Narrative integrity
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Legal Relevance, Unfair Prejudice Examples
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(1) Extent of prejudicial impact: inflame jurors? (2) Misplaced punishment (3) Similarity of the crime charged (4) Effectiveness of limiting instructions (5) Waste of time? (6) Confusion of the jury
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