What is the difference between material evidence and relevant evidence

Home Attorney D. Crimes D. Rules of Evidence D. Leave a Reply Cancel reply Your email address will not be published. Contact If you have been charged with a criminal matter in D. Lawyer S. Using information from this site or contacting the firm does not create an attorney-client relationship. Understanding what admissible evidence is will help you identify the kind of evidence you need to present at trial, as well as what evidence that should not be admitted at trial.

Evidence is material if it helps prove an element of a claim or defense that needs to be established in the case. So, the evidence must relate to proving or disproving the existence of essential elements of the case. Evidence is relevant if it is two things: 1 material; and 2 tends to make a fact more or less probable i. Evidence is relevant if tends to establish the truth of falsity of an alleged fact. The judge would have to determine: 1 is it evidence of a fact material to an issue that needs to be resolved in court, such as who should get custody of a child?

Keep in mind that while judges must make a careful determination of both the relevance and the materiality of evidence, often they are required to make a quick decision in the wake of an objection at trial. In the United States, a judge presiding over a jury trial will determine the relevance and the jury will determine the materiality.

In a bench trial, the judge presides as both trier of law and trier of fact. Therefore, he will determine both the relevance and the materiality of the evidence presented. Basic Rule : Evidence should be excluded if the prejudicial value outweighs the probative value. This ensures that the evidence does not unduly sway the trier or fact against the accused more than the totality of evidence should sugggest.

The trier of fact should be given as fair a picture of the situation as possible, so if the evidence is unduly prejudicial, the fairness of the trial would be negated. We must consider materiality and relevance before we weigh the prejudicial value against the probative value. If not material and relevant, then evidence is not admitted anyway.

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.