Evidence-Wellborn SU2006 Outline

Applies to all forms of evidence and to both direct

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Unformatted text preview: lves the exercise of the trial court's discretion! Applies to all forms of evidence and to both direct and cross-examination. Rule 403 favors admission!!! "In weighing the probative value of relevant evidence against the dangers and considerations enumerated in Rule 403, the general rule is that the balance should be struck in favor of admission." "Courts have characterized Rule 403 as an extraordinary remedy to be used sparingly because it permits the trial court to exclude otherwise relevant evidence." Example McRae case below (In murder prosecution, trial court properly overruled Rule 403 objections to photographs of deceased and death scene: "Relevant evidence is inherently prejudicial; but it is only unfair prejudice, substantially outweighing probative value, which permits exclusion of relevant matter under 403....its major function is limited to excluding matter of scant or cumulative probative force, dragged in by the heels for the sake of prejudicial effect....It is not designed to permit the court to `even out' the weight of the evid...
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