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Rule 104: Preliminary Questions & Conditional Relevance

Rule 104: Preliminary Questions & Conditional Relevance. Analyzing a 104 Problem: The Four “What Is” Questions:. The contested evidence? The preliminary question? The evidence on the preliminary question? The nature of the objection?. I gave Dan his Miranda warnings. Then he confessed.

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Rule 104: Preliminary Questions & Conditional Relevance

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  1. Rule 104:Preliminary Questions & Conditional Relevance

  2. Analyzing a 104 Problem: The Four “What Is” Questions: • The contested evidence? • The preliminary question? • The evidence on the preliminary question? • The nature of the objection?

  3. I gave Dan his Miranda warnings. Then he confessed. He gave me no warnings. I did not confess. Contested Evidence? Preliminary Question? Evidence on Prelim Q? Nature of Objection? Dan

  4. 104(a) v 104(b) V & OV not shot with same gun V & OV shot with same gun D Expert P Expert D shot OV Contested Evidence? Preliminary Question? Evidence on Prelim Q? Nature of Objection? P Witness

  5. What if this is false? 104(a) v 104(b) Someone who owns a car like one seen at the scene is SML to be the perpetrator. Connecting Fact D owns a 57 Chevy Then this become irrelevant I saw a 57 Chevy at the scene D did the crime

  6. What if this is false? 104(a) v 104(b) People who confess are SML to be guilty D was given his Miranda warnings D said he did it. D did the crime Inadmissible for other reasons This is stillrelevant

  7. The “Who, What, How” Questions for 104(a) • Who decides preliminary questions? • What evidence can be considered when deciding them? • How do we handle them procedurally to avoid jury contamination?

  8. The “Who, What, What” Questions for 104(b) • Who decides whether a connecting fact is true? • What evidence can be considered when deciding whether it’s true? • What role does the judge have in the decision?

  9. Problem 17 Do Problem 17

  10. Problem 18 Do Problem 18

  11. He gave the warnings. Then he beat me until I confessed. I gave Dan his Miranda warnings. Then he confessed. Contested Evidence? Preliminary Question? Evidence on Prelim Q? Nature of Objection? Dan

  12. Problem 19 Do Problem 19

  13. Extra 104 Problems Do Extra Problems

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