if it requires defendant to admit to another crime (US May be prejudicial v. Myers) Evidence likely prejudicial in this case a limiting instruction is – appropriate here More remote in time the flight from the commission or accusation of an offense, greater the likelihood that it resulted from something other than feelings of guilt concerning that offense (US v. Myers) Evidence of NOT fleeing is normally not admissible The probative value of flight depends on evidence to support each of the four links in the inference chain (Meyers): in fleeing From defendant’s behavior to consciousness of guilt courts tend to presume this far in the inference chain to consciousness of guilt concerning the crime charged, (AND) to actual guilt of the crime charged. Myers Homosexuality sexual orientation may be prejudicial depending on the community – confusion of the issues, or misleading the jury, or Probability evidence The risk of confusion or misleading the jury almost always outweighs the value of probability evidence (People v. Collins) Preconditions for probability evidence: Mathematical formula has to be clearly explained to the jury, and not beyond common sense Requires a level of certainty about the assumptions used in the formula, and the matters have to be independent Must be clearly explainable to the trier of fact, not beyond the common juror Efficiency: undue delay, waste of time, or needless presentation of cumulative evidence. Balancing in favor of admissibility—if Harm must close, relevant evidence should be admitted. probative value. substantially outweigh Tie goes to admission Appellate deference: will usually defer to trial judge as long as there is evidence in the record that trial judge engaged in balancing—R403 rulings generally do NOT get overturned Trial judges are in a much better place to understand what will improperly influence the jury (US v. (dissent)) James The closeness of the case makes an error more likely to be harmful (US v. Myers) Effect of stipulations:
May be prejudicial if it requires defendant to admit to another crime (US v. Myers) Evidence likely prejudicial in this case – a limiting instruction is appropriate here More remote in time the flight from the commission or accusation of an offense, greater the likelihood that it resulted from something other than feelings of guilt concerning that offense (US v. Myers) Evidence of NOT fleeing is normally not admissible The probative value of flight depends on evidence to support each of the four links in the inference chain (Meyers): From defendant’s behavior in fleeing to consciousness of guilt courts tend to presume this far in the inference chain to consciousness of guilt concerning the crime charged, (AND) to actual guilt of the crime charged. Myers Homosexuality – sexual orientation may be prejudicial depending on the community confusion of the issues, or misleading the jury, or Probability evidence The risk of confusion or misleading the jury almost always outweighs the value of probability evidence (People v. Collins) Preconditions for probability evidence: Mathematical formula has to be clearly explained to the jury, and not beyond common sense Requires a level of certainty about the assumptions used in the formula, and the matters have to be independent Must be clearly explainable to the trier of fact, not beyond the common juror Efficiency: undue delay, waste of time, or needless presentation of cumulative evidence. Balancing in favor of admissibility—if close, relevant evidence should be admitted. Harm must substantially outweigh probative value. Tie goes to admission Appellate deference: will usually defer to trial judge as long as there is evidence in the record that trial judge engaged in balancing—R403 rulings generally do NOT get overturned Trial judges are in a much better place to understand what will improperly influence the jury (US v. James (dissent)) The closeness of the case makes an error more likely to be harmful (US v. Myers) Effect of stipulations: