CHAPTER 2: RELEVANCE REVISITED P. JANICKE 2014

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

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

DIRECT TESTIMONY IS FAIRLY RELIABLE FOR PERSONS THE WITNESS KNOWS WELL ASSUMING NO ANIMUS ASSUMING NO FRAUD Chap. 2 -- Relevance

CIRCUMSTANTIAL EVIDENCE CAN BE POWERFUL D’s 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

THE CONCEPT OF PROBATIVE VALUE TENDENCY TO CONVINCE SOMEONE ON A RELEVANT FACT >>> Chap. 2 -- Relevance

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

ADMISSIBILITY vs. SUFFICIENCY Chap. 2 -- Relevance

ADMISSIBILITY MEANS A SINGLE PIECE OF EVIDENCE CAN BE RECEIVED Chap. 2 -- Relevance

SUFFICIENCY MEANS ENOUGH EVIDENCE THAT REASONABLE JURORS COULD FIND THAT THE PROOF STANDARD (PREPONDERANCE, REASONABLE DOUBT, CLEAR AND CONVINCING, ETC.) WAS MET Chap. 2 -- Relevance

ADMISSIBLE REFERS TO A SINGLE PIECE OF EVIDENCE SUFFICIENCY REFERS TO THE TOTALITY OF THE ADMITTED EVIDENCE Chap. 2 -- Relevance

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

THE HALF-OPEN DOOR RULE(S) SEVERAL OF THEM IN EVIDENCE LAW ONE IS ABOUT DOCUMENTS: INTRO OF PORTION BY ONE PARTY IS THOUGHT OF AS WAIVER OF OBJECS. ON ANY RELATED PARTS OFFERED BY ADVERSE PARTY [R106] R106: CAN REQUIRE ADMISSION OF THE OTHER PARTS “AT THAT TIME” – i.e., NOW Chap. 2 -- Relevance

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

PROBLEMS/CASES Old Chief 2E 2F 2G Chap. 2 -- Relevance