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CHAPTER 2: RELEVANCE REVISITED

CHAPTER 2: RELEVANCE REVISITED. P. JANICKE 2010. DIRECT vs. CIRCUMSTANTIAL: DOES IT MATTER ??. DIRECT EYEWITNESS TO A FACT IN ISSUE CIRCUMSTANTIAL EVERYTHING ELSE . WHICH IS MORE PERSUASIVE?. TRADITIONALLY: EYEWITNESS TESTIMONY WAS THOUGHT MORE RELIABLE CONSIDER:

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CHAPTER 2: RELEVANCE REVISITED

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  1. CHAPTER 2:RELEVANCE REVISITED P. JANICKE 2010

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

  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 Chap. 2 -- Relevance

  4. MODERN RESEARCH HAS SHOWN EYEWITNESS TESTIMONY IS QUITE UNRELIABLE IN IDENTIFYING STRANGERS! Chap. 2 -- Relevance

  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. Chap. 2 -- Relevance

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

  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 Chap. 2 -- Relevance

  8. ADMISSIBILITY vs. SUFFICIENCY Chap. 2 -- Relevance

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

  10. 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

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

  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 Chap. 2 -- Relevance

  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 Chap. 2 -- Relevance

  14. PROBABILISTIC EVIDENCE • HELPFUL, BUT CAN BE MISUSED • OFTEN COUNTERINTUITIVE • COMMON BIRTHDAYS IN THIS ROOM? Chap. 2 -- Relevance

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