Laws of Evidence Essay

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Memorandum
To:
From:
Date: 08/31/2012
Re: Laws of Evidence Assignment #2
Statement of Assignment
You have asked me to analyze and determine whether the evidence that prosecution would like to introduce at trial can be admitted based on the Federal Rules of Evidence. Pursuant to your request, this memo includes my analysis, reasoning, and conclusions regarding the admissibility of such evidence.
Statement of Facts
The defendant was prosecuted for the murder of his wife. The victim’s body was never recovered, no murder weapon was ever found, and there were no witnesses to the crime. At trial, prosecution would like to introduce the following as evidence: 1. A computer disk, found in the defendant’s desk, that contains a …show more content…
Therefore, according to Rule 401 of the Federal Rules of Evidence, the computer disk is relevant evidence in this case and possesses probative value.
This evidence does not present any danger or a great enough danger of confusing the issues, misleading the jury, undue delay, waste of time, or unnecessary presentation of cumulative evidence. “All relevant evidence is prejudicial in the sense that it may prejudice the party against whom it is admitted. Rule 403, however, is concerned only with unfair prejudice.” See United States v Russell, 971 F. 2d 1098. When determining whether or not the prejudicial effects outweigh the probative value, the courts must view the evidence in the manner that is most favorable to the person presenting it and maximize its probative value and minimize its prejudicial effects. Introduction of the computer disk as evidence at the trial does not present a danger of unfair prejudice. Therefore, the evidence is not excluded under Rule 403 of the Federal Rules of Evidence.

CONCLUSION ISSUE I

This evidence satisfies the necessary requirement of relevancy according to Rule 401 of the Federal Rules of Evidence and is not excluded under Rule 403 of the Federal Rules of Evidence. Therefore, according to Rule 402 of the Federal Rules of Evidence, which provides that unless otherwise prohibited, relevant evidence is admissible, the computer disk is admissible evidence in
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