Evidence-Wellborn SU2006 Outline

Probity the evidence must make the existence of the

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Unformatted text preview: stantive law. 2. Probity the evidence must make the existence of the material fact more or less likely. (Must be probative of the position it is offered to prove) a. Evidentiary reasoning mandated the probity law (whether the evidence is probative is not a question governed by substantive law.) Hypo 1 [Evidence deemed irrelevant because it is not material]: D intentionally, seriously damaged a motor vehicle belong to P. D offers evidence that he had learned that P had been supplying D's 15 year old daughter with drugs in order to seduce her. Evidence is irrelevant!! Provocation is not material (not of consequence) to the guilt/innocent phase of criminal mischief. o Note: Would be relevant if D had murdered P. Note: In order to determine whether something is a fact of consequence, we have to go to the substantive laws o Not relevant when offered by defense because provocation is not an element of the crime. o Would have been relevant if offered by the prosecution because it would go towards motivation/intent (elements that need to be proved) unlikely that a prosecutor would bring this in though (would cloud the jury's vision of the defendant) Fact of consequence is determined by substantive law o Example...
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