#9129 - Article 4 Relevancy And Its Limits - Evidence

ARTICLE IV: RELEVANCY AND ITS LIMITS:

FRE 401: Definition of Relevant Evidence:

1. Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence

2. Two prongs: 1) materiality; 2) probative

FRE 402: Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible:

FRE 403: Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time:

1. Although relevant, evidence may be excluded if:

   1. Its probative value is substantially outweighed by the danger of: Unfair prejudice; Confusion of the issues OR Misleading the jury

   2. Or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence

Substantive Character Evidence: FRE 404: Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes:

1. FRE 404(a): Character Evidence Generally: Evidence of a person’s character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:

2. Prosecution can’t raise defendant’s character in its case-in-chief

4. FRE 404(a)(1): Character of the Accused: In a criminal case, evidence of a pertinent trait of character:

   1. Offered by the accused, OR

   2. By the prosecution to rebut the same, OR

   3. If evidence of a trait of character of the alleged victim is offered by accused and admitted, evidence of same trait of character of accused offered by the prosecution

5. FRE 404(a)(2): Character of the Alleged Victim: In a criminal case, and subject to limitations of 412 (evidence of victim’s past sexual behavior/sexual predisposition in a sex offense case), evidence of pertinent trait of character of victim:

   1. Offered by the accused, OR

   2. By the prosecution to rebut the same, OR

   3. Homicide case: Evidence of character trait of peacefulness of alleged victim, offered by prosecution to rebut evidence that alleged victim was first aggressor.

6. FRE 404(a)(3): Character of a Witness (Character for Credibility): Governed by FRE 607/608/609.

7. FRE 404(b): Other crimes, wrongs, or acts: Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.

8. It may, however, be admissible for other purposes, such as proof of:

   1. Motive

   2. Opportunity

   3. Intent

   4. Preparation

   5. Plan

   6. Knowledge

   7. Identity (may be based on M.O.) OR

   8. Absence of mistake or accident: Provided that, upon request by accused, prosecution shall provide reasonable notice of general nature of any such evidence it intends to introduce at trial

   9. In advance of trial, or during trial if court excuses pretrial notice on good cause shown

FRE 405: Methods of Proving Character

1. FRE 405(a): Reputation or Opinion: In all cases in which evidence of character or trait of character of a person is admissible: Proof may be made by testimony as to reputation or by testimony in form of opinion: On cross, inquiry allowable into relevant specific instances of conduct

2. FRE 405(b): Specific Instances of Conduct: In cases in which character or trait of character of a person is an essential element of a charge, claim, or defense: Proof may also be made of specific instances of that person’s conduct

FRE 406: Habit; Routine Practice: Evidence of habit of person or of routine practice of organization is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice. Whether corroborated or not AND Regardless of presence of eyewitnesses

Forbidden Evidence: FRE 407-411: FRE 407: Subsequent Remedial Measures: Not admissible to prove negligence, culpable conduct, product defect, design defect, or need for warning or instruction. Admissible when offered for another purpose, e.g. proving ownership, control, or feasibility of precautionary measures if controverted, or impeachment.

FRE 408: Compromise and Offers to Compromise:

• FRE 409: Payment of Medical and Similar Expenses: Evidence of furnishing/offering/promising to pay medical/hospital/similar expenses not admissible to prove liability for injury

• FRE 410: Inadmissibility of Pleas, Plea Discussions, and Related Statements:

  • Except as provided, not admissible in any civil or criminal proceeding against defendant who made the plea or was a participant in the plea discussions:

    • FRE 410(1): Plea of guilty later withdrawn

    • FRE 410(2): Plea of nolo contendere

    • FRE 410(3): Any statement made in the course of proceedings regarding either of foregoing pleas, OR

    • FRE 410(4): Any statement made in course of plea discussions with an attorney (NOT POLICE) for the prosecuting authority:

      • Which do not result in a plea of guilty OR

      • Which result in a plea of guilty later withdrawn

        • However, such a statement is admissible:

          • FRE 410(4)(i): in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it, OR

          • FRE 410(4)(ii): in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record, and in the...