Rule 403

Question 1

Rule 403

Answer 1

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Note that it says unfair prejudice; because each side presenting evidence will be prejudicial to the other side, but it must be unfair prejudice

The only time it does not apply is in cases of 609(a)(2)

availability of other evidence is another thing the court can consider in determining if the probative value is outweighed by the danger of unfair prejudice, etc.

Question 2

Photos and other inflammatory evidence

Answer 2

Pictures of dead bodies are always relevant

Relevant pictures may be admitted, but not all relevant pictures should be admitted

Particularly gruesome pictures that do not add to the case can be excluded if they are more prejudicial than probative

Question 3

Evidence of flight (just read)

Answer 3

Flight is an admission by conduct.

Its probative value as circumstantial evidence of guilt depends upon the degree of confidence with which four inferences can be drawn:

1. From the defendant’s behavior to flight
2. From flight to consciousness of guilt
3. From consciousness of guilt to consciousness of guilt concerning the crime charged; and
4. From consciousness of guilt concerning the crime charged to actual guilt of the crime charged