(4)5 Evidentiary Screening

(4)5 Evidentiary Screening

Title 4, Chapter 5 governs the rules of evidence in criminal proceedings.

(4)5.1 Admissibility Standards

This section outlines what evidence is or is not permissible for admission in any criminal trial.

(4)5.1.1 Relevant Evidence

(a) Evidence is “relevant” if it has any tendency to make a fact that is consequential to the action more or less probable than it would be without the evidence.

(b) All relevant evidence is generally admissible unless excluded because of constitutional requirements, statute, or other rules of evidence. Evidence that is not relevant is not admissible.

(4)5.1.2 Exclusions

Even if relevant, a court may rule evidence be excluded if its probative value is substantially outweighed by any of the following risks:

1. unfair prejudice;
2. confusing the issues;
3. misleading the jury;
4. undue delay;
5. waste of time;
6. cumulative presentation.

(4)5.2 Character & Traits Evidence

This section governs the use of personality traits, general character, or prior acts to prove conduct in a criminal proceeding.

(4)5.2.1 General Prohibition

(a) Evidence of a person’s character or character traits is not admissible to prove that on a particular occasion the person acted in conformity with that character or trait.

(b) Evidence of prior crimes, wrongs, or acts is similarly inadmissible when offered solely to show action in conformity with a character trait such as criminal propensity.

(4)5.2.2 Permitted Uses

Character or trait evidence may be admitted for a non-propensity purpose, including but not limited to:

1. motive;

1. opportunity;

1. intent;

1. preparation;

1. plan;

1. knowledge;

1. identity;

1. absence of mistake or accident.

When evidence is admitted under this subsection, the court must, upon request, provide a limiting instruction to the jury describing the specific permitted purpose.

(4)5.2.3 Defendant’s Character

(a) A defendant may offer evidence of their own character trait that is pertinent to the charged offense. If the defendant does so, the prosecution may offer rebuttal evidence on that same trait.

(b) A defendant may offer evidence of a pertinent trait of the alleged victim. If admitted, the prosecution may:

1. rebut the same trait; and
2. offer evidence of the defendant’s corresponding character trait.

(4)5.2.4 Methods of Proving Character

(a) When character evidence is admissible under this section, it may be proven by testimony regarding reputation or opinion.

(b) Specific instances of conduct may be used to prove character only when:

1. character is an essential element of a charge, claim, or defense; or
2. offered in cross-examination of a character witness to test credibility.

(4)5.3 Special Evidentiary Rules

(4)5.3.1 Privileged Communications

(a) Communications protected by legal privilege—such as attorney-client, spousal, clergy-penitent, medical, or other statutory privileges—are inadmissible unless the privilege is waived by the holder.

(b) The court shall determine questions of privilege prior to trial when possible.

(4)5.3.2 Authentication & Foundation

Evidence must be supported by sufficient foundation to show that the item is what the proponent claims it to be. A court may consider testimony, documentation, or circumstances in determining authenticity.

(4)5.3.3 Hearsay

A statement made outside of court that is offered to prove the truth of the matter asserted is inadmissible unless an exception applies.