Ten Million Reasons to Run
Defendant is charged with fraud. Prosecutor seeks to introduce evidence that, just hours after inducing the victim to give him $10 million to fund an experimental drug called “Liquid Sunshine,” defendant went to his bank to drain his bank account and convert that amount plus the $10 million into Euros. This evidence is:
A. Relevant to prove defendant’s flight, and hence consciousness of guilt.
B. Not relevant if defendant testifies that he had been planning to move to Austria for months.
C. Potentially subject to exclusion if the probative value of this evidence is substantially outweighed by the danger of unfair prejudice.
D. Both A and C.
Answer: D.
Defendant’s act of emptying his bank account in order to convert the money to a foreign currency is relevant to show consciousness of guilt (that is, defendant knew he had done something wrong and was fleeing.) Thus, A is correct.
The fact that defendant proffers an alternative explanation does not negate the relevance of his act of flight. Thus, B is incorrect.
And C sets forth the balancing required by FRE 403, which applies to all evidence. Thus, C is correct.
This leaves D as the correct answer.
Plaintiff sues defendant for injuries sustained in a boating accident. To prove the future medical expenses portion of her damages, plaintiff seeks to introduce a video that details her new daily routine now that she is confined to a wheelchair. This evidence is:
A. Relevant.
B. Relevant, but subject to exclusion if the video uses music and images that serve no purpose other than to elicit sympathy.
C. Irrelevant.
Answer: B. This is a classic case of whether the probative value of the evidence is substantially outweighed by the danger of unfair prejudice under FRE 403.
Defendant is charged with a gang-related shooting. Prosecutor seeks to introduce evidence that defendant is an amateur rap musician who has written, performed, and starred in YouTube videos. Defendant’s songs deal with “the gangster life.” This evidence is:
A. Admissible to prove defendant’s awareness of gang culture.
B. Admissible to prove defendant’s intent to commit the charged shooting.
C. Admissible to prove defendant’s intent to commit the charged shooting if the rap songs to be introduced have some connection to that shooting (by providing a motive, by detailing how it would be carried out, etc.).
D. Both A and B.
E. Both A and C.
Answer: E . . .
The rap lyrics are relevant to prove defendant’s awareness of gang culture, so A is correct.
However, rap lyrics are relevant only to the extent they have some connection to the charged crime, so C is correct but B is incorrect. Thus, E is the correct answer.
Defendant is charged with bank robbery. The prosecution seeks to introduce defendant’s prior conviction for bank robbery, which was entered 8 years before the current offense. Factors relevant to the trial court’s evaluation of whether to admit the prior conviction include:
A. The age of the prior conviction.
B. Whether defendant has committed any crimes in the time between his release from the prior conviction and the current offense.
C. The similarity between the current offense and prior conviction, and whether it might keep the defendant off the stand.
D. A and B.
E. A, B and C.
Answer: E. The considerations listed in A, B, and C are all relevant to the trial judge’s balancing of probative value versus prejudicial effect under FRE 403.
Defendant is charged with murdering her roommate. Prosecutor seeks to introduce evidence that the roommate had slept with defendant’s boyfriend. This evidence is:
A. Admissible.
B. Admissible, but only if Prosecutor establishes that defendant knew of the relationship between the victim and defendant’s boyfriend.
C. Inadmissible under the Rape Shield Law.
Answer: B. This is a question of conditional relevance because the roommate’s acts are relevant to establish defendant’s motive only if defendant knew about the affair. Thus, A is wrong and B is correct.
C is wrong because the roommate’s sexual conduct is not being introduced to show her character trait for promiscuity.