Understanding Relevance Rules in Legal Testimony

undefined
RELEVANCE AND
HEARSAY OBJECTIONS
OBJECTING AND RESPONDING
RELEVANCE
Rule 201
: Relevant testimony is physical evidence or
testimony which tends to make a fact WHICH IS
IMPORTANT to a case more or less probable than it would be
without the evidence or testimony.
** 
Simple rule
…  ANY question you ask can be challenged as
relevant, so be prepared to explain why you are asking anything
or be prepared to explain why something is important to your
argument.
RELEVANCE- OBJECTIONS
If the probative value of the relevant evidence is
substantially outweighed by the danger the evidence
will cause UNFAIR PREJUDICE, CONFUSE THE
ISSUES or RESULT IN A DELAY OR WASTE OF
TIME, the court may EXCLUDE it
” -Including
testimony, evidence or wasting time..
RELEVANCE- UNFAIR PREJUDICE
Unfair Prejudice applies to defendant only
(Witnesses are fair game)
Unfair Prejudicing a witness means presenting
evidence that creates an unfair narrative or bias
against a defendant
RELEVANCE- UNFAIR PREJUDICE
Example of Unfair Prejudice
“Jimmy was convicted of selling drugs in high school and is
on trial for murder.  If prosecution offers this evidence of a
prior conviction for drug sales, it can be considered Irrelevant
based on creating an unfair prejudice because there is no
connection between drug sales and murder”
Goes to character
RELEVANCE- UNFAIR PREJUDICE
Rule 202
:  Character Evidence
“Evidence of character may NOT be introduced unless the 
defendants
character is an issue in the case”
In a criminal Case, the Prosecution may  NOT “Initiate” character
evidence, but the defense can.  If the defense opens questioning of
character evidence, the prosecution then may respond by re-direct or
cross examination of some other witness on the same topic..
RELEVANCE- CONFUSE THE ISSUES
Questions meant to confuse the issues can be objected to,
unless the person asking the questions can set the proper
foundation for the questions and explain where they intend to
allow the questions to lead to
Generally, its expected that the attorney will show the judge
where they intend the questions to lead through some
foundation
RELEVANCE- CONFUSE THE ISSUES
HOW TO SET FOUNDATION
A:  If you have set the foundation, you explain to the
judge how you did this
B. IF you have NOT set the foundation, you ask the
judge for permission to set the foundation
RELEVANCE- CONFUSE THE ISSUES
HOW TO SET FOUNDATION
“How long have you known the defendant?”
“Describe your relationship..”
“What knowledge do you have of the defendant committing the act?”
“Has the defendant ever talked to you about committing this criminal act”
“How?”
RELEVANCE- UNDUE DELAY OR WASTE OF
TIME
Can be used for excessive bad objections
Going off the topic
Attempting to “reach for straws” (In other
words, creating some fake narrative)
RELEVANCE- OTHER CRIMES, WRONGS OR
ACTS
Rule 203:  Evidence of other crimes, wrongs or
acts is not admissible to PROVE CHARACTER,
unless you establish a PATTERN OF
BEHAVIOR and connect it
RELEVANCE- OTHER CRIMES, WRONGS OR
ACTS
Can be admitted for some other reasons
To show motive (Why crime was committed),
intent (Understand their actions), preparation,
knowledge or Identity
RELEVANCE- OTHER CRIMES, WRONGS OR
ACTS EXAMPLE
Jimmy, the defendant is asked the following question
1.
Jimmy, isn’t it true, you have experience opening safe’s (Yes)
2.
Isn't it also true, you have convicted of robbing store safes before this
trial? (OBJECTION, relevance..  Goes to character)
3.
RESPONSE:  “Your honor, this line of questioning IS relevant as it does
not go to character, rather its being offered to show that the defendant has
demonstrated KNOWLEDGE of breaking into safes in the past”
RELEVANCE- OTHER CRIMES, WRONGS OR
ACTS
What does it mean to be able to Identity?
Defendant is on trial for stealing someone's Identity and
questions are asked about where a person was at a particular
time, which seems to be irrelevant to the case, but it can be
argued that they are being asked to Identify someone's location
at the time a crime took place.
LETS TAKE A BREAK….
Final Planning for our table for Homecoming
week
Plans…
HEARSAY
1.
Out of Court Statement
2.
Made by someone other than the declarant
3.
Offered for the truth of the matter asserted
HEARSAY
WHY IS HEARAY OBJECTIONABLE
If its being offered for the truth of the matter, the witness is
testifying to what someone meant by what they said and this
can be dangerous
It can be excluded because the opposing party was denied the
opportunity to cross examine the declarant about the statement
HEARSAY
WHY DO THEY NEED TO BE CROSS EXAMINED??
Opposing party need to test the declarants perception (How well did
they observe the event they made the statement about)
Test their sincerity (Were they serious or deliberately falsifying)
Test their ability to relate (Did they really mean what they said)
HEARSAY
If a statement is offered based on some witness who is in court, the judge may
allow it as it can be offered against the parties interest
They are in court, therefore they can agree they may it or deny saying it and
can explain its meaning
Also, they cannot claim the witness cannot be cross examined over the
statement, as they can be
This applies to both written and spoken statements
HEARSAY- EXCEPTIONS
Some Hearsay may be allowable if it fits into
the mock trial rule exceptions
For exceptions to be offered, you must set a
foundation for how you are using each
HEARSAY- EXCEPTION RULE 402
ADMISSION OF A PARTY OPPONENT
This is based on a statement being overhead as an
admission of guilt, an admission the defendant
committed the act or an admission of planning
In other words, an admission of fault
HEARSAY- EXCEPTION RULE 403
STATE OF MIND
This exception is based on pain or intent needed to prove a
theory
Offered to show intent, plan, motive, design or mental feeling
Can be used by defense to show the defendant is the wrong
person
HEARSAY- EXCEPTION RULE 404
BUSINESS RECORDS
Judge may admit a memo, report, record or data compilation concerning an
event
The document must be “Kept and Maintained in the regular course of
business”
In other words, the witness offering it must be able to verify the documents
authenticity in some way
HEARSAY- EXCEPTION RULE 405
PRESENT SENSE IMPRESSION
Statements made “While the event is taking place”
Blurting something out while an accident is taking place or
making an emotional statement before a crime occurs
Must set foundation to show the person had no time to think
about their statement, they just made it
HEARSAY- EXCEPTION RULE 406
STATEMENTS IN LEARNED TREATISES
Statements taken from journals or publications that
are believed as credible sources for an expert.
Foundation for source must be made
Can be used to cross examine an experts opinions
HEARSAY- EXCEPTION RULE 407
STATEMENTS BY AN UNAVAILABLE
DECLARANT
Only
 used in civil trials based on if a reasonable
person who make the same determination as the
witness testifying
Slide Note
Embed
Share

Relevant testimony in a legal case is crucial as it can impact the probability of important facts. However, objections related to probative value, unfair prejudice, and confusion of issues can lead to exclusion of evidence or testimony. Unfair prejudice specifically applies to defendants, while character evidence is restricted unless central to the case. Understanding these relevance rules is essential for presenting effective arguments in court.


Uploaded on Sep 14, 2024 | 0 Views


Download Presentation

Please find below an Image/Link to download the presentation.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.

E N D

Presentation Transcript


  1. RELEVANCE Rule 201: Relevant testimony is physical evidence or testimony which tends to make a fact WHICH IS IMPORTANT to a case more or less probable than it would be without the evidence or testimony. ** Simple rule ANY question you ask can be challenged as relevant, so be prepared to explain why you are asking anything or be prepared to explain why something is important to your argument.

  2. RELEVANCE-OBJECTIONS If the probative value of the relevant evidence is substantially outweighed by the danger the evidence will cause UNFAIR PREJUDICE, CONFUSE THE ISSUES or RESULT IN A DELAY OR WASTE OF TIME, the court may EXCLUDE it -Including testimony, evidence or wasting time..

  3. RELEVANCE-UNFAIR PREJUDICE Unfair Prejudice applies to defendant only (Witnesses are fair game) Unfair Prejudicing a witness means presenting evidence that creates an unfair narrative or bias against a defendant

  4. RELEVANCE-UNFAIR PREJUDICE Example of Unfair Prejudice Jimmy was convicted of selling drugs in high school and is on trial for murder. If prosecution offers this evidence of a prior conviction for drug sales, it can be considered Irrelevant based on creating an unfair prejudice because there is no connection between drug sales and murder Goes to character

  5. RELEVANCE-UNFAIR PREJUDICE Rule 202: Character Evidence Evidence of character may NOT be introduced unless the defendants character is an issue in the case In a criminal Case, the Prosecution may NOT Initiate character evidence, but the defense can. If the defense opens questioning of character evidence, the prosecution then may respond by re-direct or cross examination of some other witness on the same topic..

  6. RELEVANCE-CONFUSE THE ISSUES Questions meant to confuse the issues can be objected to, unless the person asking the questions can set the proper foundation for the questions and explain where they intend to allow the questions to lead to Generally, its expected that the attorney will show the judge where they intend the questions to lead through some foundation

  7. RELEVANCE-CONFUSE THE ISSUES HOW TO SET FOUNDATION A: If you have set the foundation, you explain to the judge how you did this B. IF you have NOT set the foundation, you ask the judge for permission to set the foundation

  8. RELEVANCE-CONFUSE THE ISSUES HOW TO SET FOUNDATION How long have you known the defendant? Describe your relationship.. What knowledge do you have of the defendant committing the act? Has the defendant ever talked to you about committing this criminal act How?

  9. RELEVANCE-UNDUE DELAY OR WASTE OF TIME Can be used for excessive bad objections Going off the topic Attempting to reach for straws (In other words, creating some fake narrative)

  10. RELEVANCE-OTHER CRIMES, WRONGS OR ACTS Rule 203: Evidence of other crimes, wrongs or acts is not admissible to PROVE CHARACTER, unless you establish a PATTERN OF BEHAVIOR and connect it

  11. RELEVANCE-OTHER CRIMES, WRONGS OR ACTS Can be admitted for some other reasons To show motive (Why crime was committed), intent (Understand their actions), preparation, knowledge or Identity

  12. RELEVANCE-OTHER CRIMES, WRONGS OR ACTS EXAMPLE Jimmy, the defendant is asked the following question 1. Jimmy, isn t it true, you have experience opening safe s (Yes) 2. Isn't it also true, you have convicted of robbing store safes before this trial? (OBJECTION, relevance.. Goes to character) 3. RESPONSE: Your honor, this line of questioning IS relevant as it does not go to character, rather its being offered to show that the defendant has demonstrated KNOWLEDGE of breaking into safes in the past

  13. RELEVANCE-OTHER CRIMES, WRONGS OR ACTS What does it mean to be able to Identity? Defendant is on trial for stealing someone's Identity and questions are asked about where a person was at a particular time, which seems to be irrelevant to the case, but it can be argued that they are being asked to Identify someone's location at the time a crime took place.

  14. LETS TAKE A BREAK. Final Planning for our table for Homecoming week Plans

  15. HEARSAY 1. Out of Court Statement 2. Made by someone other than the declarant 3. Offered for the truth of the matter asserted

  16. HEARSAY WHY IS HEARAY OBJECTIONABLE If its being offered for the truth of the matter, the witness is testifying to what someone meant by what they said and this can be dangerous It can be excluded because the opposing party was denied the opportunity to cross examine the declarant about the statement

  17. HEARSAY WHY DO THEY NEED TO BE CROSS EXAMINED?? Opposing party need to test the declarants perception (How well did they observe the event they made the statement about) Test their sincerity (Were they serious or deliberately falsifying) Test their ability to relate (Did they really mean what they said)

  18. HEARSAY If a statement is offered based on some witness who is in court, the judge may allow it as it can be offered against the parties interest They are in court, therefore they can agree they may it or deny saying it and can explain its meaning Also, they cannot claim the witness cannot be cross examined over the statement, as they can be This applies to both written and spoken statements

  19. HEARSAY-EXCEPTIONS Some Hearsay may be allowable if it fits into the mock trial rule exceptions For exceptions to be offered, you must set a foundation for how you are using each

  20. HEARSAY-EXCEPTION RULE 402 ADMISSION OF A PARTY OPPONENT This is based on a statement being overhead as an admission of guilt, an admission the defendant committed the act or an admission of planning In other words, an admission of fault

  21. HEARSAY-EXCEPTION RULE 403 STATE OF MIND This exception is based on pain or intent needed to prove a theory Offered to show intent, plan, motive, design or mental feeling Can be used by defense to show the defendant is the wrong person

  22. HEARSAY-EXCEPTION RULE 404 BUSINESS RECORDS Judge may admit a memo, report, record or data compilation concerning an event The document must be Kept and Maintained in the regular course of business In other words, the witness offering it must be able to verify the documents authenticity in some way

  23. HEARSAY-EXCEPTION RULE 405 PRESENT SENSE IMPRESSION Statements made While the event is taking place Blurting something out while an accident is taking place or making an emotional statement before a crime occurs Must set foundation to show the person had no time to think about their statement, they just made it

  24. HEARSAY-EXCEPTION RULE 406 STATEMENTS IN LEARNED TREATISES Statements taken from journals or publications that are believed as credible sources for an expert. Foundation for source must be made Can be used to cross examine an experts opinions

  25. HEARSAY-EXCEPTION RULE 407 STATEMENTS BY AN UNAVAILABLE DECLARANT Only used in civil trials based on if a reasonable person who make the same determination as the witness testifying

Related


More Related Content

giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#