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CHAPTER 2: RELEVANCE

Delve into the debate between direct testimony and circumstantial evidence in legal proceedings. Explore their reliability and probative value, and how judges assess their admissibility and sufficiency. Learn through case examples and the concept of probative value.

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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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