Overview
This lecture reviews the balance between probative value and prejudicial impact of evidence, focusing on the Supreme Court's decision in Old Chief regarding stipulations and prosecutorial storytelling rights.
Balancing Probative Value and Prejudicial Impact
- Evidence can only be excluded if its prejudicial impact substantially outweighs its probative value (Rule 403).
- Judges should not exclude evidence just because it is unfavorable to one party unless this high threshold is met.
The Old Chief Case
- In Old Chief, the defendant wanted to stipulate to a prior felony conviction rather than allow the jury to hear details about it.
- The defendant's prior felony was "assault with bodily injury," but many less inflammatory felonies could also trigger the law.
- The defendant agreed he was a felon but contested possession of the weapon.
- The central issue: Must the prosecution accept the stipulation, or can it present evidence of the specific prior felony?
Supreme Court Ruling and Reasoning
- The Court held the stipulation does not make the prior felony irrelevant, but reduces the probative need for specific evidence.
- Generally, the prosecution has a right to tell its story in its own way.
- Exception: When the nature of the prior felony is not essential to the narrative, stipulation is permitted, and details can be withheld from the jury.
- The Court emphasizes this exception is very limited.
- The prosecution is not required to accept stipulations unless the evidence would otherwise be overly prejudicial and minimally probative.
Implications and Takeaways
- Old Chief is a limited exception allowing a defendant to keep prejudicial prior details from the jury if not central to the story.
- Defense attorneys can argue a stipulation reduces the probative value, making exclusion under Rule 403 more likely.
- The right of the prosecution to tell its story is highly protected, except in narrow circumstances like Old Chief.
Key Terms & Definitions
- Probative value — How much evidence helps prove a point at issue.
- Prejudicial impact — The potential for evidence to unfairly sway the jury against one party.
- Rule 403 — A rule allowing exclusion of evidence if its prejudicial effect substantially outweighs its probative value.
- Stipulation — An agreement between parties on a fact, avoiding the need to prove it at trial.
Action Items / Next Steps
- Read the full Old Chief opinion, focusing on both halves of the decision.
- Prepare to discuss how Rule 403 applies to stipulations and storytelling in other contexts (e.g., impeachment, character evidence).