CHAPTER 2 RELEVANCE Prof JANICKE 2019 DIRECT vs

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CHAPTER 2: RELEVANCE Prof. JANICKE 2019

CHAPTER 2: RELEVANCE Prof. JANICKE 2019

DIRECT vs. CIRCUMSTANTIAL: DOES IT MATTER ? ? DIRECT – EYEWITNESS TO A FACT

DIRECT vs. CIRCUMSTANTIAL: DOES IT MATTER ? ? DIRECT – EYEWITNESS TO A FACT IN ISSUE CIRCUMSTANTIAL – EVERYTHING ELSE Chap. 2 -- Relevance - 2019 2

WHICH IS MORE PERSUASIVE? • TRADITIONALLY: EYEWITNESS TESTIMONY WAS THOUGHT MORE RELIABLE • MODERN

WHICH IS MORE PERSUASIVE? • TRADITIONALLY: EYEWITNESS TESTIMONY WAS THOUGHT MORE RELIABLE • MODERN VIEW: UNRELIABLE FOR STRANGERS: – DNA OR FINGERPRINTS MORE RELIABLE 2019 Chap. 2 -- Relevance - 2019 3

 • DIRECT TESTIMONY IS FAIRLY RELIABLE FOR PERSONS THE WITNESS KNOWS WELL, PROVIDED

• DIRECT TESTIMONY IS FAIRLY RELIABLE FOR PERSONS THE WITNESS KNOWS WELL, PROVIDED – NO ANIMUS TO FALSIFY – NO FRAUD DRIVING THE TESTIMONY Chap. 2 -- Relevance - 2019 4

CIRCUMSTANTIAL EVIDENCE CAN BE POWERFUL • D’s UNEXPLAINED FINGERPRINTS FOUND • D’S KNIFE FOUND

CIRCUMSTANTIAL EVIDENCE CAN BE POWERFUL • D’s UNEXPLAINED 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 - 2019 5

PROBLEMS/CASES • • • OLD CHIEF (PART 1) PROB. 2 A PROB. 2 B

PROBLEMS/CASES • • • OLD CHIEF (PART 1) PROB. 2 A PROB. 2 B PROB. 2 C PROB. 2 D 2019 Chap. 2 -- Relevance - 2019 6

THE CONCEPT OF PROBATIVE VALUE • MEASURING THE TENDENCY TO CONVINCE THE TRIER ON

THE CONCEPT OF PROBATIVE VALUE • MEASURING THE TENDENCY TO CONVINCE THE TRIER ON A RELEVANT FACT >>> Chap. 2 -- Relevance - 2019 7

 • JUDGES HAVE TO “WEIGH” PROBATIVE VALUE – IN RULING ON RELEVANCE vs.

• 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 - 2019 8

ADMISSIBILITY vs. SUFFICIENCY 2019 Chap. 2 -- Relevance - 2019 9

ADMISSIBILITY vs. SUFFICIENCY 2019 Chap. 2 -- Relevance - 2019 9

ADMISSIBILITY • MEANS A SINGLE PIECE OF EVIDENCE CAN BE RECEIVED • STANDING ALONE,

ADMISSIBILITY • MEANS A SINGLE PIECE OF EVIDENCE CAN BE RECEIVED • STANDING ALONE, THAT PIECE MAY NOT BE ENOUGH TO JUSTIFY ANY CONCLUSION ON THE FACT INVOLVED Chap. 2 -- Relevance - 2019 10

SUFFICIENCY • ENOUGH TOTAL EVIDENCE THAT REASONABLE JURORS COULD FIND THAT THE PROOF STANDARD

SUFFICIENCY • ENOUGH TOTAL EVIDENCE THAT REASONABLE JURORS COULD FIND THAT THE PROOF STANDARD (PREPONDERANCE, REASONABLE DOUBT, CLEAR AND CONVINCING, ETC. ) HAS BEEN MET Chap. 2 -- Relevance - 2019 11

PROBLEMS/CASES: STATE v. CHAPPLE • SHOWS THE CAREFUL CHECKING OF PROBATIVE VALUE vs. RISK

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 - 2019 12

PROBLEMS/CASES • Old Chief (PART 2) • 2 E – BATTERED WIFE • 2

PROBLEMS/CASES • Old Chief (PART 2) • 2 E – BATTERED WIFE • 2 F – EXPLODING GAS TANK • 2 G – MY INSURANCE 2019 Chap. 2 -- Relevance - 2019 13

THE HALF-OPEN DOOR RULES • SEVERAL OF THEM IN EVIDENCE LAW • ONE IS

THE HALF-OPEN DOOR RULES • SEVERAL OF THEM IN EVIDENCE LAW • ONE IS ABOUT DOCUMENTS: – INTRO OF PORTION BY ONE PARTY IS OK – BUT IS A WAIVER OF OBJECTIONS FOR ANY RELATED PARTS OFFERED BY ADVERSE PARTY [R 106] – R 106: COURT CAN REQUIRE ADMISSION OF THE OTHER PARTS “AT THAT TIME” – i. e. , NOW Chap. 2 -- Relevance - 2019 14

RULE EXTENDS • WHEN AN ENTIRE DOCUMENT IS OFFERED AND ADMITTED, R. 106 EXTENDS

RULE EXTENDS • WHEN AN ENTIRE DOCUMENT IS OFFERED AND ADMITTED, R. 106 EXTENDS TO OTHER DOCUMENTS THAT SHOULD IN FAIRNESS BE CONSIDERED TOGETHER WITH IT • CAN COMPEL ADMISSION AT THE TIME 2019 Chap. 2 -- Relevance - 2019 15

PROBLEMS/CASES • 2 H – POWER ROLLBACK • 2 I – RAID ON CEDAR

PROBLEMS/CASES • 2 H – POWER ROLLBACK • 2 I – RAID ON CEDAR WOODS Chap. 2 -- Relevance - 2019 16

PROBABILISTIC EVIDENCE • HELPFUL, BUT CAN BE MISUSED • OFTEN COUNTERINTUITIVE • COMMON BIRTHDAYS

PROBABILISTIC EVIDENCE • HELPFUL, BUT CAN BE MISUSED • OFTEN COUNTERINTUITIVE • COMMON BIRTHDAYS (MONTH, DAY) IN THIS ROOM? Chap. 2 -- Relevance - 2019 17