Overview
This lecture reviews the concept of evidence relevance under Rules 401 and 402, using State v. Newman to illustrate how relevance depends on whether a fact is of consequence to the case.
Rules of Relevance (401 & 402)
- Rule 401: Evidence is relevant if it makes a fact more or less likely and that fact is of consequence in the case.
- Rule 402: Relevant evidence is admissible unless otherwise excluded (e.g., by privilege, constitutional rules); irrelevant evidence is not admissible.
Application: State v. Newman
- State v. Newman addresses whether the defendant can present expert testimony about the possibility of "sleep driving" as a defense in a DUI case.
- The defendant claims he may have driven while asleep and drunk, arguing he did not voluntarily drive.
- The case pivots on whether the possibility of sleep driving is a fact of consequence for the crime of DUI.
- The court finds that, in most crimes (including DUI), a voluntary act is a required element, even if not explicitly stated in the statute.
- If the defendant drove while asleep, he did not act voluntarily and thus may not be guilty of DUI.
- The relevance of evidence depends on whether it relates to elements (like voluntariness) that the prosecution must prove.
Determining Facts of Consequence
- To judge relevance, identify the elements the prosecution or plaintiff must prove in the case.
- Sometimes, courts must interpret statutes to find implicit requirements (e.g., voluntariness in DUI).
Key Terms & Definitions
- Relevant Evidence — Evidence that makes a fact more or less probable and relates to a fact of consequence.
- Fact of Consequence — A fact that matters to the legal outcome of the case, typically tied to required legal elements.
- Voluntary Act — A conscious, intentional action required for most criminal liability.
- Sleep Driving — Driving while asleep, potentially negating the voluntary act required for DUI.
Action Items / Next Steps
- Read State v. Newman to understand how courts determine facts of consequence and apply Rules 401 and 402.
- Prepare for a discussion on whether the reason an officer stops a driver for DUI is a fact at issue.