Undisputed Facts and Preliminary Questions of Fact

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Undisputed FactsandPreliminary Questions of Fact

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What We Learned Last Time Rule 403

• Otherwise admissible evidence may nonetheless be
  kept out on the grounds of
• Significant risk of misuse by the fact finder or
• Efficiency concerns.
• About Objections
• Motions in limine made before trial starts to
  get a ruling on the admissibility of evidence
• Limiting instructions little practical value

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Undisputed Evidence

• Can one side be forced to accept a stipulation,
  if the opponent is willing to stipulate to
  everything the evidence can legitimately be used
  to prove?

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What is Evidence?

• . . . Testimony, writings, material objects, or
  other things presented to the senses that are
  offered to prove the existence or nonexistence of
  a fact.
• California Evidence Code, section 140.

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Old Chief has previously been convicted of
assault causing seriously bodily injury, a
felony. This tends to show . . .

• Hes a felon. So if Old Chief had possession of
  a firearm, he is a felon in possession of a
  firearm.
• Old Chief is violent. So he is probably guilty
  of ADW this time, too.
• Old Chief is bad. So even if hes innocent this
  time, we should throw him in jail anyway, to
  prevent further injury to society.

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Old Chief v. United States (p.98)

• The prosecution is entitled to prove its case
  by evidence of its own choice, or, more exactly,
  that a criminal defendant may not stipulate or
  admit his way out of the full evidentiary force
  of the case as the Government chooses to present
  it.
• This persuasive power of the concrete and
  particular is often essential to the capacity of
  jurors to satisfy the obligations that the law
  places on them . . . to convince the jurors that
  a guilty verdict would be morally reasonable. . .
  .
• BUT This recognition that the prosecution with
  its burden of persuasion needs evidentiary depth
  to tell a continuous story has, however,
  virtually no application when the point at issue
  is a defendants legal status.

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Types of Relevance

• Standard definition Relevant evidence makes a
  consequential factual proposition more or less
  likely.
• Material with explanatory or subjective relevance
  (like a map) helps the jury to evaluate other
  evidence.
• Relevant evidence need not be in dispute.
• Material with narrative relevance helps the jury
  to put other evidence in context, make it part of
  a story.
• Witness credibility is always relevant.

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Preliminary Questions of Fact

• Sometimes, the admissibility of piece of evidence
  X turns on the existence of fact Y.
• Example A machete was found in ?s garage.
• Its relevant if Victim was hacked to death.
• Its not relevant if Victim was shot.
• This is called Conditional Relevancy.
• The relevance of X is conditional on Y.

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So, What Do You Do?

• Tell the jury that if they find Victim was hacked
  to death, they can consider the machete evidence.
• If they find Victim was shot, they should not
  consider the machete evidence.
• Court can determine whether Victim was hacked or
  shot.
• If Victim was hacked, admit the machete.
• If Victim was shot, dont admit the machete.

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FRE 104(b)

• When the relevancy of evidence depends upon the
  fulfillment of a condition of fact, the court
  shall admit it upon, or subject to, the
  introduction of evidence sufficient to support a
  finding of the fulfillment of the condition.
• I.e., if a reasonable jury could find that Victim
  was hacked, admit the machete evidence and tell
  the jury they can only consider it if they find
  that Victim was hacked.

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But what about this case?

• ? admitted to the police that he hacked Victim to
  death with a machete. ? claims that his
  confession was involuntary.
• The testimony is admissible if ?s confession was
  voluntary.
• The testimony is inadmissible if ?s confession
  was involuntary.

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So, What Do You Do?

• Tell the jury that if they find ?s confession
  was voluntary, they can consider the confession.
• If they find ?s confession was involuntary, they
  should not consider the confession.
• Court can determine whether ?s confession was
  voluntary.
• If ?s confession was voluntary, admit the
  confession.
• If ?s confession was voluntary, dont admit the
  confession.

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FRE 104(a)

• Preliminary questions concerning . . . The
  admissibility of evidence shall be determined by
  the court. . . . In making its determination it
  is not bound by the rules of evidence except
  those with respect to privileges.
• I.e., the judge makes a preliminary determination
  about whether ?s confession was voluntary.

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Summary of FRE 104