EVIDEN CE

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RELEVA

Materiali ty

Relevancy is the logical connection that one thing has to another. Evidence is relevant if it sheds light on a contested matter or if reasonable inferences can be drawn from the evidence regarding a fact or issue

Probative value

Evidence is material if it is offered to prove or disprove a specific fact in issue. Thus, evidence is material if it relates to one of the particular elements necessary for proving or disproving a case. Materiality has to do with the relationship between evidence and the issues raised at trial.

It refers to the tendency of the evidence to establish the proposition that it is offered to prove. It has to do with how much WEIGHT one is willing to give the evidence offered

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The Logic of Evidence: The Problem of Relevance Q: Important points in regard to relevance 1.) Relevance may determine whether or not evidence is to be admitted 2.) Whether or not proffered evidence is relevant for the judge to determine, applying the principles of logic Q: When is evidence relevant? A: When it tends to increase or decrease the chance of any fact of consequence to the determination of action being true or false.

Further notes: Material evidence can be either direct or circumstantial. Direct Evidence Direct evidence is evidence that if believed by a judge or jury establishes the proposition for which it is offered. Direct evidence comes from someone's personal observation or knowledge and can prove the issue at hand without any additional presumption or inference. Example: surveillance video of a person robbing a bank or a tape recorded confession by a suspect. Circumstantial Evidence Circumstantial evidence requires a judge or jury to make an inference to establish the proposition that evidence is offered is proof of an assertion of fact. Example: A witness testifying that he saw a person charged with murder standing over a body holding a bloody knife - this evidence would require a judge or jury to infer that the person holding the bloody knife committed the murder.