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Published byColeen King Modified over 9 years ago
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Problems 5 - 7
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Problem 5
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Holy Cow. It’s 5 Pounds of Cocaine Dan I borrowed the car from my neighbor. I didn’t know what was in the trunk.
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3 years ago, Dan sold me an ounce of cocaine. Sam (3x Convicted Perjurer Looking for a Deal) Sam’s Testimony Elements of Charge There was stuff in the trunk Stuff was cocaine D knew there was stuff in trunk D knew stuff was cocaine D intended to sell the cocaine There was cocaine in the trunk
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Coke in Trunk Inference 3 yrs ago, Dan sold me coke There was coke in trunk D is a DDT Forbidden Character Propensity Inference? Folks who sell coke are SML to be drug dealer types (DDT) DDT’s are SML to possess coke Yes. Possession then to DDT to possession now.
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Knew There Was Stuff in Trunk Inference 3 yrs ago, Dan sold me coke D knew there was stuff in trunk D is a DDT Forbidden Character Propensity Inference? Folks who sell coke are SML to be DDTs DDT’s are SML to look in trunks Yes. And it’s also nonsense
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Knew the Stuff Was Coke Inference 3 yrs ago, Dan sold me coke D knew the stuff in trunk was coke D knew what coke looked like Forbidden Character Propensity Inference? Folks who sell coke are SML to know what coke looks like Folks who know what coke looks like are SML to recognize it if they see it in a trunk No. Inference from knowledge.
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Connecting Fact Dan possessed the coke this time Intent Inference Folks who did X when they previously had the means are SML to intend to do X if they again have the means. D intended to sell the coke Forbidden Character Propensity Inference? No Inference from PBA to present intent -- not to conduct 3 yrs ago, Dan sold me coke
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403 Balance for “He sold me coke 3 years ago.” Probative ValuePrejudicial Effects What could defense counsel do to keep the evidence out anyway?
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Problem 6 Problem 6 on Document Camera
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Fill in the Blanks PBA Folks who _____ are SML to _____________ Bad Act FOC Intermediate Fact
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Problem 5 Problem 7
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Brenda Barfly For the past 5 years, Dennis would always come into Joe’s right after work and drink 4 scotches before driving home Brenda Habit or Character
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