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Tillers F07 Evidence Outline

Tillers F07 Evidence Outline - Evidence Outline Prof...

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Evidence Outline Prof. Tillers Fall 2007 Trial Procedure and the Trial Process - FRE Rule 105 (Principle of Limited/Multiple Admissibility) Relevance - The initial threshold which evidence must meet in order to be admitted. - When evidence is relevant, it is said to have probative value - The Rules o Rule 401: Definition of Relevant Evidence pg 999 Evidence is relevant if it has “any tendency to make the existence of any fact that is of consequences to the determination of the action more probable or less probable than it would be without the evidence.” Committee Notes Conditional relevancy Probative value depends not only upon satisfying the basic requirement of relevancy but also upon the existence of some matter of fact. o Ex. If a spoken statement is evidence of notice, there is only probative value if the person heard the statement. o This is an issue of fact . The standard of probability is more probable than it would be without the evidence. The fact to which the evidence is offered need not be in dispute. In re Winship Due process protects against a conviction unless there if proof of guilt beyond a reasonable doubt . Tiller’s Explanation 100% certainty of guilt is not possible. This narrows the standard that a jury should use. o Remember the tradeoff btwn false convictions and improper acquittals. Lempert’s Probability Theory Don’t need to know the exact formula. Think of a piece of evidence as a symptom that can occur where ∆ is guilty or not guilty. Then decide if the symptom is more likely to appear when ∆ is guilty or not. o Rule 402: Relevant Evidence Generally Admissible pg 999 All relevant evidence is admissible; all irrelevant evidence is inadmissible. Committee Notes There are exceptions to the admissibility of relevant evidence. o Succeeding rules in the FRE o FRCP 30(b) and 32(a)(3) by imposing requirements of notice and unavailability of the deponent place limits on relevant evidence. 1
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o Rule 15 of Rules of Crim Pro restricts the use of depositions in criminal cases. o Rule 403: Exclusion on Grounds of Prejudice, Confusion, or Waste of Time pg 999 If the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading to the jury, or by considerations of undue delay, waste of time or needless presentation of cumulative evidence. Committee Notes This rule requires a balancing test between the probative value and need for the evidence against the harm likely to result from its admission. Unfair prejudice means an undue tendency to suggest decision on an improper basis commonly an emotional one. Surprise is not grounds for exclusion which is consistent with Wigmore’s view of the common law. In these instances, the granting of a continuance is better than exclusion.
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