Evidence (relevance)

Question 1

FRE 403 — When can relevant evidence be excluded?

Answer 1

Under FRE 403, relevant evidence may be excluded if its probative value is substantially outweighed by any of these dangers:

Unfair prejudice: Encourages jury to decide on improper grounds.

Confusing the issues: Leads jury to focus on nonmaterial matters.

Misleading the jury: Creates misconceptions.

Undue delay or wasting time: Causes unnecessary delay or wastes time.

Needless cumulation: Similar evidence on the same point has already been admitted.

Question 2

When does a criminal defendant “open the door” for prosecution character evidence?

Answer 2

A criminal defendant opens the door for the prosecution to introduce evidence of the defendant’s bad character by:

1) Introducing evidence of their own good character for a trait pertinent to the charged crime, or
2) Introducing evidence of the alleged victim’s bad character.

Question 3

How may a criminal defendant introduce character evidence to show inconsistency with the crime charged?

Answer 3

A criminal defendant may introduce character evidence to show their character is inconsistent with the crime charged.

But they may do so only through:

1) Reputation testimony, or
2) Opinion testimony

Not through specific acts of conduct.

Question 4

When is evidence of a criminal defendant’s prior crimes or bad acts admissible?

Answer 4

Evidence of a criminal defendant’s prior crimes or bad acts may be admissible for relevant, noncharacter purposes (MIMIC evidence):

Motive
Intent
absence of Mistake
Identity
Common plan or scheme

However, even if relevant, it may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice (FRE 403).

Question 5

What can the prosecution do if a criminal defendant offers character evidence?

Answer 5

If a criminal defendant calls a witness to testify that their character is inconsistent with the charged crime, the prosecution may:

1) Ask the witness about specific acts committed by the defendant (on cross-examination), or
2) Call another witness to provide reputation or opinion testimony about the defendant’s corresponding bad-character trait.