0404

Each of your arguments should focus on the fact of consequence it helps prove -- conduct a chain of reasoning why A helps prove B which helps establish C which will help the jury decide guilt or innocence.

Item 1 helps prove the identity of the robber because it matches the description. Anything that narrows down the field of suspects is relevant.

Item 2 helps prove the identity of the defendant. It shows he may have been casing the place. It shows he was familiar with the bank.

Items 3 and 4 also help prove identity. They are some indication he is the type of person who is willing to steal (3 is obviously stronger than 4, but we don't require strong evidence -- only minimal relevancy is needed).

Item 5 is also relevant to identity, for the reasons mentioned earlier. It shows his bad character, and if he were bruised or cut in the fights, it would help prove or disprove identity.

Items 6 and 7 show a motive -- the need to acquire money fast. People with strong motives are more likely to commit crimes than those without.

Item 8 shows familiarity with firearms and a willingness to own and use them, and therefore helps narrow down the field of suspects.

Items 6, 9 and 10 show the background of the defendant. The more we know about him, the better we will be able to judge if he is the type of person who would pr would not commit robbery.

Item 9 also helps prove identity -- it is some evidence of a drug problem, and drugs cost money, and people who need money for drugs are likely to commit crimes.

Questions? E-mail tanford@indiana.edu and refer to 0404.

Most evidence has at least some minimal relevancy. It is your job as the proponent of the evidence to explain that relevance to the judge, i.e., by connecting an item of evidence to a material issue.

Look at problem 4B. Is the evidence that Arden was looking at her cell phone relevant? When you think you have an answer, click here .