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CHAPTER 2: RELEVANCE

CHAPTER 2: RELEVANCE. Prof. JANICKE 2019. DIRECT vs. CIRCUMSTANTIAL: DOES IT MATTER ??. DIRECT EYEWITNESS TO A FACT IN ISSUE CIRCUMSTANTIAL EVERYTHING ELSE. WHICH IS MORE PERSUASIVE?. TRADITIONALLY: EYEWITNESS TESTIMONY WAS THOUGHT MORE RELIABLE MODERN VIEW: UNRELIABLE FOR STRANGERS:

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CHAPTER 2: RELEVANCE

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  1. CHAPTER 2:RELEVANCE Prof. JANICKE 2019

  2. DIRECT vs. CIRCUMSTANTIAL: DOES IT MATTER ?? DIRECT • EYEWITNESS TO A FACT IN ISSUE CIRCUMSTANTIAL • EVERYTHING ELSE Chap. 2 -- Relevance - 2019

  3. WHICH IS MORE PERSUASIVE? • TRADITIONALLY: EYEWITNESS TESTIMONY WAS THOUGHT MORE RELIABLE • MODERN VIEW: UNRELIABLE FOR STRANGERS: • DNA OR FINGERPRINTS MORE RELIABLE Chap. 2 -- Relevance - 2019

  4. DIRECT TESTIMONY IS FAIRLY RELIABLE FOR PERSONS THE WITNESS KNOWS WELL, PROVIDED • NO ANIMUS TO FALSIFY • NO FRAUD DRIVING THE TESTIMONY Chap. 2 -- Relevance - 2019

  5. CIRCUMSTANTIAL EVIDENCE CAN BE POWERFUL • D’s UNEXPLAINED FINGERPRINTS FOUND • D’S KNIFE FOUND • D EARLIER THREATENED TO KILL VICTIM • LOOT FOUND UNDER D’S BED • D HAS FIVE PRIOR CONVICTIONS WITH SAME M.O. Chap. 2 -- Relevance - 2019

  6. PROBLEMS/CASES • OLD CHIEF (PART 1) • PROB. 2A • PROB. 2B • PROB. 2C • PROB. 2D Chap. 2 -- Relevance - 2019

  7. THE CONCEPT OF PROBATIVE VALUE • MEASURING THE TENDENCY TO CONVINCE THE TRIER ON A RELEVANT FACT >>> Chap. 2 -- Relevance - 2019

  8. JUDGES HAVE TO “WEIGH” PROBATIVE VALUE • IN 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 Chap. 2 -- Relevance - 2019

  9. ADMISSIBILITYvs. SUFFICIENCY Chap. 2 -- Relevance - 2019

  10. ADMISSIBILITY • MEANS A SINGLE PIECE OF EVIDENCE CAN BE RECEIVED • STANDING ALONE, THAT PIECE MAY NOT BE ENOUGH TO JUSTIFY ANY CONCLUSION ON THE FACT INVOLVED Chap. 2 -- Relevance - 2019

  11. SUFFICIENCY • ENOUGH TOTAL EVIDENCE THAT REASONABLE JURORS COULD FIND THAT THE PROOF STANDARD (PREPONDERANCE, REASONABLE DOUBT, CLEAR AND CONVINCING, ETC.) HAS BEEN MET Chap. 2 -- Relevance - 2019

  12. PROBLEMS/CASES:STATE v. CHAPPLE • SHOWS THE CAREFUL CHECKING OF PROBATIVE VALUE vs. RISK OF PREJUDICE • UNFORTUNATE ROLE OF JURORS: • SOMETHING AWFUL HAS HAPPENED • THEY HAVE ONLY ONE WAY TO “DO SOMETHING” ABOUT IT Chap. 2 -- Relevance - 2019

  13. PROBLEMS/CASES • Old Chief (PART 2) • 2E– BATTERED WIFE • 2F – EXPLODING GAS TANK • 2G – MY INSURANCE Chap. 2 -- Relevance - 2019

  14. THE HALF-OPEN DOOR RULES • SEVERAL OF THEM IN EVIDENCE LAW • ONE IS ABOUT DOCUMENTS: • INTRO OF PORTION BY ONE PARTY IS OK • BUT IS A WAIVER OF OBJECTIONS FOR ANY RELATED PARTS OFFERED BY ADVERSE PARTY [R106] • R106: COURT CAN REQUIRE ADMISSION OF THE OTHER PARTS “AT THAT TIME” – i.e., NOW Chap. 2 -- Relevance - 2019

  15. RULE EXTENDS • WHEN AN ENTIRE DOCUMENT IS OFFERED AND ADMITTED, R. 106 EXTENDS TO OTHER DOCUMENTS THAT SHOULD IN FAIRNESS BE CONSIDERED TOGETHER WITH IT • CAN COMPEL ADMISSION AT THE TIME Chap. 2 -- Relevance - 2019

  16. PROBLEMS/CASES • 2H – POWER ROLLBACK • 2I – RAID ON CEDAR WOODS Chap. 2 -- Relevance - 2019

  17. PROBABILISTIC EVIDENCE • HELPFUL, BUT CAN BE MISUSED • OFTEN COUNTERINTUITIVE • COMMON BIRTHDAYS (MONTH, DAY) IN THIS ROOM? Chap. 2 -- Relevance - 2019

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