CHAPTER 2:RELEVANCE
Prof. JANICKE2019
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DIRECT vs. CIRCUMSTANTIAL: DOES IT MATTER ??
DIRECTEYEWITNESS TO A FACT IN ISSUECIRCUMSTANTIALEVERYTHING ELSE
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WHICH IS MORE PERSUASIVE?
TRADITIONALLY: EYEWITNESS TESTIMONY WAS THOUGHT MORE RELIABLEMODERN VIEW: UNRELIABLE FOR STRANGERS:DNA OR FINGERPRINTS MORE RELIABLE
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DIRECT TESTIMONY IS FAIRLY RELIABLE FOR PERSONS THE WITNESS KNOWS WELL, PROVIDEDNO ANIMUS TO FALSIFYNO FRAUD DRIVING THE TESTIMONY
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CIRCUMSTANTIAL EVIDENCE CAN BE POWERFUL
D’s UNEXPLAINED FINGERPRINTS FOUNDD’S KNIFE FOUNDD EARLIER THREATENED TO KILL VICTIMLOOT FOUND UNDER D’S BEDD HAS FIVE PRIOR CONVICTIONS WITH SAMEM.O.
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PROBLEMS/CASES
OLD CHIEF (PART 1)PROB. 2APROB. 2BPROB. 2CPROB. 2D
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THE CONCEPT OF PROBATIVE VALUE
MEASURING THE TENDENCY TO CONVINCE THE TRIER ON A RELEVANT FACT>>>
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JUDGES HAVE TO “WEIGH” PROBATIVE VALUEIN RULING ON RELEVANCE vs. THE COUNTERWEIGHTS (R.403: UNFAIR PREJUDICE; WASTE OF TIME; CONFUSION OF THE JURY)AN APPLES-TO-ORANGES COMPARISON, BUT DONE EVERY DAY
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ADMISSIBILITYvs.SUFFICIENCY
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ADMISSIBILITY
MEANS A SINGLE PIECE OF EVIDENCE CAN BE RECEIVEDSTANDING ALONE, THAT PIECE MAY NOT BE ENOUGH TO JUSTIFY ANY CONCLUSION ON THE FACT INVOLVED
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SUFFICIENCY
ENOUGH TOTAL EVIDENCE THATREASONABLEJURORSCOULDFIND THAT THE PROOF STANDARD(PREPONDERANCE, REASONABLE DOUBT, CLEAR AND CONVINCING, ETC.)HAS BEEN MET
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PROBLEMS/CASES:STATE v.CHAPPLE
SHOWS THE CAREFUL CHECKING OF PROBATIVE VALUE vs. RISK OF PREJUDICEUNFORTUNATE ROLE OF JURORS:SOMETHING AWFUL HAS HAPPENEDTHEY HAVE ONLY ONE WAY TO “DO SOMETHING” ABOUT IT
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PROBLEMS/CASES
Old Chief (PART 2)2E– BATTERED WIFE2F – EXPLODING GAS TANK2G – MY INSURANCE
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THE HALF-OPEN DOOR RULES
SEVERAL OF THEM IN EVIDENCE LAWONE IS ABOUT DOCUMENTS:INTRO OF PORTION BY ONE PARTY IS OKBUT IS A WAIVER OF OBJECTIONS FOR ANYRELATEDPARTS OFFERED BY ADVERSE PARTY[R106]R106: COURT CAN REQUIRE ADMISSION OF THE OTHER PARTS “AT THAT TIME” – i.e., NOW
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RULE EXTENDS
WHEN AN ENTIRE DOCUMENT IS OFFERED AND ADMITTED, R. 106 EXTENDS TOOTHERDOCUMENTS THAT SHOULD IN FAIRNESS BE CONSIDERED TOGETHER WITH ITCAN COMPEL ADMISSION AT THE TIME
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PROBLEMS/CASES
2H – POWER ROLLBACK2I – RAID ON CEDAR WOODS
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PROBABILISTIC EVIDENCE
HELPFUL, BUT CAN BE MISUSEDOFTEN COUNTERINTUITIVECOMMON BIRTHDAYS (MONTH, DAY) IN THIS ROOM?
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