.Oftentimes, paint and fiber evidence is overshadowed by the more glamorous DNA evidence in cases today. Paint and fiber evidence is sometimes discounted as being mediocre evidence, at best, by jurors. With your newfound knowledge of how important this type of evidence can be in criminal cases, take a moment to reflect on how your opinion of this evidence might have changed.
The journals are your opportunity to reflect on the topics of the class and how they may impact your personal and professional life. The journals are only accessible to you and the instructor, so feel free to write however much you like on the topic provided. Though academic writing style is always important, this activity is focused on your process of reflection rather than your use of grammar.^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
"All relevant evidence is admissible, except as otherwise provided." The goal of this rule is to allow parties to present all of the evidence that bears on the issue to be decided, and to keep out all evidence that is immaterial or that lacks Probative value. Evidence that is offered to help prove something that is not at issue is immaterial. For example, the fact that a defendant attends church every week is immaterial, and thus irrelevant, to a charge of running a red light. Probative value is a tendency to make the existence of any material fact more or less probable. For instance, evidence that a murder defendant ate spaghetti on the day of the murder would normally be irrelevant because people who eat spaghetti are not more or less likely to commit murder, as compared with other people. However, if spaghetti sauce were found at the murder scene, the fact that the defendant ate spaghetti that day would have probative value and thus would be relevant evidence
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purports to be. For a photograph of a crime scene, this might include calling the person who took the picture as a witness and asking whether she was at the crime scene, had a camera, and took a picture, and whether the exhibit is that picture. Lacks authentication Writings and conversations must be authenticated, or shown to have been executed by a party or that party's agent. For example, before testifying about a telephone conversation, a witness must demonstrate his knowledge of who was speaking on the other end of the telephone.
Is prejudicial The exhibit's prejudicial effect outweighs its Probative value. This objection is often raised with photo exhibits. A color photo of a murder victim may so prejudice the jury, without adding information helpful to determining the murderer, that the judge may disallow the photo as evidence.
Contains inadmissible matter Exhibits in the forms of charts, diagrams, and maps must not disclose otherwise inadmissible material to the jury. For example, in most jurisdictions, evidence that a defendant in a personal injury case has insurance that may pay for the plaintiff's damages is inadmissible. A chart, shown to the jury that conveys the name of the defendant's insurance company is improper and objectionable.
************************************************************************* Two essential ingredients are necessary to answer this inquiry: First, the definition of logical relevance; and, second some consideration of the reasoning process. The syllogism is the most useful tool here. As discussed above, this analysis consists of two parts: (a) Does the evidence tend to make it more or less likely that some assertion of fact at issue in the case is really true; (b) How does the evidence tend to do so? Actually, the first part cannot be answered without first answering the second. The two subdivisions of the question are merely a focusing mechanism for a general inquiry about how the evidence does help to prove or disprove the assertion. **************************************************************
Evidence that is otherwise logically relevant "may be excluded if its probative value [logical relevance value] is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence." 7 This balancing test of Rule 403 provides a basis for testing admissibility of evidence on policy grounds, as distinguished from testing on grounds of logical relevance ********************************************************** the evidence will be logically relevant if it has any tendency (even the slightest) to make the fact of consequence more or less likely. 9 Thus, the evidence does not have to conclusively prove the fact. The evidence does not even have to prove the fact clearly, beyond a reasonable doubt, or to a certainty. Perhaps the best exposition of this legal reality is McCormick's observation that: "A brick is not a wall." 10 Whether the evidence is quantitatively enough to sustain the proponent's burden of proof goes to the sufficiency or the weight of the evidence, and is an altogether different question from whether the evidence is relevant. 11 Thus, if insufficient admissible and relevant evidence (a brick) is introduced on a point on which the proponent of the evidence bears the burden of proof, the proponent will lose that point and the case (the wall) even though all the eviWith your newfound knowledge of how important this type of evidence can be in criminal cases, take a moment to reflect on how your opinion of this evidence might have changed. How can paint and fiber evidence be overshadowed by the more glamorous DNA evidence in cases today? Paint and fiber evidence is sometimes discounted as being mediocre evidence, at best, by jurorsdence tended to prove that
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