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Rule 403

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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Rule 403

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  1. Rule 403

  2. 403 Balancing Exclude Admit 1 Admit 4 Admit 3 5 Admit 2

  3. Rule 403 reflects a preference strong for admission

  4. Factors in the 403 Balance Risk of Confusion Waste of Time Probative Value Prejudicial Effect

  5. Types of Prejudicial Effect • Prejudicial Effects • Invalid EH’s • Forbidden (even if valid) EH’s • Lock’m Up Effects Probative Value

  6. 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

  7. 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

  8. 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

  9. 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.”

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