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Rule 403

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Rule 403 - PowerPoint PPT Presentation


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Rule 403. 403 Balancing. Exclude. Admit. 1. Admit. 4. Admit. 3. 5. Admit. 2. Rule 403 reflects a. preference. strong. for. admission. Factors in the 403 Balance. Risk of Confusion. Waste of Time. Probative Value. Prejudicial Effect. Types of Prejudicial Effect.

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PowerPoint Slideshow about 'Rule 403' - whitney-kirby


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403 balancing
403 Balancing

Exclude

Admit

1

Admit

4

Admit

3

5

Admit

2

rule 403 reflects a
Rule 403 reflects a

preference

strong

for

admission

factors in the 403 balance
Factors in the 403 Balance

Risk of Confusion

Waste of Time

Probative Value

Prejudicial Effect

types of prejudicial effect
Types of Prejudicial Effect
  • Prejudicial Effects
  • Invalid EH’s
  • Forbidden (even if valid) EH’s
  • Lock’m Up Effects

Probative Value

d charged with murder of v who was killed with a sawed off shotgun
D charged with murder of V who was killed with a sawed off shotgun

D owns a sawed off shotgun

Proffered Evidence

Fact

Makes Fact SML

EH: People who own SOS’s are SML to kill with a SOS’s because they have one available

+

D killed V

valid but forbidden propensity eh
Valid but Forbidden (Propensity) EH

D owns a sawed off shotgun

Proffered Evidence

Fact

Makes Fact SML

EH: People who own SOS’s are SML to be bad & bad people are more likely to kill.

+

D killed V

invalid lock m up effect eh
Invalid (Lock’m Up Effect) EH

D owns a sawed off shotgun

Proffered Evidence

Fact

Makes Fact SML

EH: People who own SOS’s are SML to be bad & bad people should be put in jail.

+

D killed V

powerfully probative vs unfairly prejudicial
Powerfully Probative vs. Unfairly Prejudicial

D charged with robbing a 7-11.

  • The day before the robbery, he told his friend, “I’m planning on robbing a 7-11 tomorrow.”
  • The day before, he stole money from the poor box, spat on a priest, kicked an old lady, and said, “God is dead.”