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?

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

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

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

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

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?

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?

Problem 17 Do Problem 17

Problem 18 Do Problem 18

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

Problem 19 Do Problem 19

Extra 104 Problems Do Extra Problems