Chapter 1 - CHAPTER 1 Relevance

• Jurisdiction: United States

Chapter 1 Relevance

§1 What is considered evidence

§2 When is evidence relevant

§2.1 Evidence must be material
§2.2 Evidence must be probative

§3 Limits & exceptions to admissibility

§3.1 Limited admissibility
§3.2 Exceptions to admissibility

§4 Relevance of specific evidence

§4.1 Real evidence
§4.2 Demonstrative evidence
§4.3 Experiments & demonstrations
§4.4 Weapons
§4.5 Photographs
§4.6 Prior crimes & uncharged misconduct
§4.7 Gang membership
§4.8 Consciousness of guilt
§4.9 Consciousness of innocence
§4.10 Third-party culpability
§4.11 Police bias or incompetence
§4.12 Entirety of act or statement
§4.13 Forensic tests

§5 Raising objection to relevance

§5.1 Method
§5.2 Timing
§5.3 Form of objections & responses
§5.4 Ruling

§6 Appellate review

Generally, the first step in analyzing the admissibility of evidence is to determine whether the evidence is relevant. For evidence to be admissible, it must be relevant. Evid. C. §350; People v. Melendez (2016) 2 Cal.5th 1, 23; People v. Lucas (1995) 12 Cal.4th 415, 466. All relevant evidence is admissible unless excluded by statute. Evid. C. §351; People v. Johnson (4th Dist.2019) 32 Cal.App.5th 26, 61. If evidence is irrelevant, the court has no...