1. CHAPTER 2: RELEVANCE REVISITED
P. JANICKE
2010

2. DIRECT vs. CIRCUMSTANTIAL: DOES IT MATTER ??
EYEWITNESS TO A FACT IN ISSUE
CIRCUMSTANTIAL
EVERYTHING ELSE
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3. WHICH IS MORE PERSUASIVE?
TRADITIONALLY: EYEWITNESS TESTIMONY WAS THOUGHT MORE RELIABLE
CONSIDER:
EYEWITNESS WHO HAD A GRUDGE,
AND IS A CONVICTED PERJURER AND FRAUD
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4. MODERN RESEARCH HAS SHOWN EYEWITNESS TESTIMONY IS QUITE UNRELIABLE IN IDENTIFYING STRANGERS!
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5. 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.
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6. THE CONCEPT OF PROBATIVE VALUE
TENDENCY TO CONVINCE SOMEONE ON A RELEVANT FACT
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7. 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
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8. ADMISSIBILITY vs. SUFFICIENCY
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9. ADMISSIBILITY MEANS A SINGLE PIECE OF EVIDENCE CAN BE RECEIVED
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10. SUFFICIENCY
MEANS ENOUGH EVIDENCE THAT REASONABLE JURORS COULD FIND THAT THE PROOF STANDARD (PREPONDERANCE, REASONABLE DOUBT, CLEAR AND CONVINCING, ETC.) WAS MET
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11. ADMISSIBLE REFERS TO A SINGLE PIECE OF EVIDENCE
SUFFICIENCY REFERS TO THE TOTALITY OF THE ADMITTED EVIDENCE
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12. 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
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13. 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
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14. PROBABILISTIC EVIDENCE
HELPFUL, BUT CAN BE MISUSED
OFTEN COUNTERINTUITIVE
COMMON BIRTHDAYS IN THIS ROOM?
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