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Direct vs. Circumstantial Evidence: Evaluating Relevance and Persuasiveness in Legal Contexts

This chapter revisits the debate on the relevance of direct versus circumstantial evidence in legal proceedings. It critically examines traditional beliefs about eyewitness testimony's reliability, especially when considering personal biases such as grudges or past offenses. Concepts like probative value, admissibility, and sufficiency of evidence are explored, emphasizing their subjective nature. The chapter also discusses the implications of juror decision-making and the risks of prejudice in weighing evidence. Ultimately, it sheds light on how judges and jurors assess the relevance of evidence within the framework of legal standards.

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Direct vs. Circumstantial Evidence: Evaluating Relevance and Persuasiveness in Legal Contexts

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  1. CHAPTER 2:RELEVANCE REVISITED P. JANICKE 2008

  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. CIRCUMSTANTIAL • 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

  5. THE CONCEPT OF PROBATIVE VALUE • TENDENCY TO CONVINCE SOMEONE • IS SUBJECTIVE, BUT PSYCH. STUDIES ARE HELPFUL • JUDGES HAVE TO “WEIGH” PROBATIVE VALUE IN RULING ON RELEVANCE / R.403 OBJECTIONS Chap. 2 -- Relevance

  6. ADMISSIBILITY vs. SUFFICIENCY • “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

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

  8. A PIECE OF ADMISSIBLE EVIDENCE IS AKIN TO JUDGING A BRICK IN A BUILDING; IS THE BRICK IS OK TO BE CONSIDERED? • SUFFICIENCY OF THE EVIDENCE IS AKIN TO JUDGING THE BUILDING; IS IT HIGH ENOUGH TO MEET THE PROOF STANDARD? Chap. 2 -- Relevance

  9. ARGUING INSUFFICIENCY • NOT DONE BY OBJECTION • IS DONE BY MOTION FOR JMOL or JAML • FIRST KIND • SECOND AND THIRD KIND • THRUST: “YOUR HONOR, NO REASONABLE JURY COULD . . . .” • LOOKS AT TOTALITY OF THE EVIDENCE, PRO AND CON Chap. 2 -- Relevance

  10. PRAGMATIC RELEVANCERULE 403 • MOST RELEVANCE OBJECTIONS TODAY INVOLVE TWO-PART ANALYSIS: • WHAT IS THIS EV. HELPFUL FOR? • IS THE HELPFULNESS OUTWEIGHED BY RISK OF PREJUDICE, CONFUSION, OR WASTE OF TIME Chap. 2 -- Relevance

  11. 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

  12. ARTICULATING THE UNFAIR PREJUDICE RISK • ARTICULATION NEEDED TO SUPPORT AN OBJECTION UNDER R403 • “UNFAIR PREJUDICE”: • OBJECTOR HAS TO EXPLAIN HOW THE JURY COULD GO ASTRAY FROM THEIR OATH AND FROM RATIONALITY 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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