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Simple English definitions for legal terms

probative value

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A quick definition of probative value:

Probative value refers to how likely evidence is to prove a relevant fact in a case. Evidence must be relevant and make the fact in question more or less likely to happen, even if the probability is small. However, evidence may be excluded if its probative value is outweighed by the risk of unfair prejudice, confusion, or wasting time. There are specific rules for admitting evidence, such as character evidence, prior bad acts, and impeachment, which take probative value into account.

A more thorough explanation:

Probative value refers to the likelihood of evidence to prove a relevant fact in a case. When admitting evidence, it must be relevant and tend to make the fact in issue more or less likely to happen, even if the probability is slight. However, there are exceptions to admitting relevant evidence. If the probative value of evidence is outweighed by the dangers of unfair prejudice, confusion, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence, then the evidence may be excluded.

For example, evidence that is unfairly prejudicial may cause the jury to sympathize or discriminate against one party, even if it is not necessary to prove a fact. In such cases, the court may limit the scope or topic of evidence under its instruction.

There are specific evidence rules that take probative value into account when considering whether to admit evidence or not. These include:

Character evidence is used to describe an individual's disposition or the way an individual is anticipated to act under certain circumstances. If the character is at issue, such as in cases of slander or defamation, it is admissible as direct evidence and a material element of the case. However, if the character is circumstantial evidence, which can only infer conduct conforming with alleged character, it is usually not admissible.

In criminal cases, defendants can introduce evidence of character traits that are pertinent to the crime at issue by the reputation or opinion testimony of witnesses. Once the defendant opens the door to character evidence, prosecutors can use character evidence to rebut.

There are three ways to prove character: specific acts, opinion, and reputation testimony. The admissible character evidence is usually opinion or reputation testimony.

Specific acts to prove that a person's action conforms with a character trait are usually not admissible. However, a defendant's prior acts of sexual assault or child molestation are admissible in a case where they are accused of similar conduct.

Specific acts with character purposes are usually not admissible to show the defendant's propensity for committing the crime. However, if acts without character purpose are relevant to material issues of a defendant's motive, intent, absence of mistake or accident, identity, or common scheme or plan, they are admissible. Before admitting, the court should weigh the act's probative value. If it is prejudicial, the court can exclude it. If it is admitted, the court still needs to give instructions to the jury relating to the specific purpose of the evidence.

Evidence of prior convictions that passed more than ten years since the later of the witness's conviction or release from confinement is usually not admissible to attack a witness's character for truthfulness, unless its probative value substantially outweighs its prejudicial effect, and the proponent gives an adverse party reasonable written notice of the intent to use it.

Evidence of prior convictions that passed less than ten years may be admitted depending on the subject and type of conviction. All crimes involving dishonesty or false statements of a witness are always admissible to impeach that witness, and the judge has no discretion to exclude it. If the crime doesn't involve dishonesty, there are three situations:

  • If it is not a felony, it is not admissible.
  • If it is a felony and the witness is the criminal defendant, it is not admissible unless its probative value substantially outweighs its prejudicial effect.
  • If it is a felony but the witness is not the criminal defendant, it is admissible unless its probative value is substantially outweighed by its prejudicial effect.

However, sex crimes generally cannot be used to impeach, especially when the danger of unfair prejudice is high. Annulled or pardoned convictions because of innocence also cannot be admitted.

Specific acts, as instances of misconduct, which are probative of a witness's truthfulness or untruthfulness, can be used in good faith in cross-examination. Its admissibility is at the court's discretion, but if it's offered to contradict the defendant's testimony, it is admissible unless its probative value is substantially outweighed by its prejudicial effect.

probative facts | Procedural due process

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16:16
prolly named veronica or sarah
windyMagician
16:16
@Dkk: for public defense tho?
windyMagician
16:16
Sarah in the bathroom
texaslawhopefully
16:17
@windyMagician: not at all. Michigan is also very generous with aid, so if you get enough it makes perfect sense to take it.
windyMagician
16:17
fuck okay
windyMagician
16:17
going to my dream school is crazy
michigan also has better options if you do PD for 10 years then want to do something else
windyMagician
16:19
also would love to clerk for my federal district court even tho I know its hella competitive, I think mich sets me up better?
16:20
would be a great point to bring up when ur deciding / visiting each place- see what recent placement looks like
texaslawhopefully
16:23
For fed clerkships by far Michigan places better. I think it’s like 14-15 percent
windyMagician
16:25
sticker debt is high-key scary tho
texaslawhopefully
16:26
I’m sure you’ll get good merit aid though. Look at Michigan’s 509 report. They’re very generous.
16:34
i am going to wait patiently into january to get into a law school
16:34
then i will start tweaking
texaslawhopefully
16:42
January could not come any sooner
16:54
i hope you guys all have a very lovely holiday season
17:02
has everyone finished procuring their presents?
17:02
I got my sis a vintage leather jacket off ebay she’s gonna freak she only has fake stuff
hi all
CynicalOops
17:14
Ive been slacking so hard on tickets fawk
CynicalOops
17:14
Wait
CynicalOops
17:14
Presents
CynicalOops
17:14
Im just gonna get everyone tickets so thats why i said that
jackfrost11770
17:14
people are so stupid on the internet its crazy
CynicalOops
17:15
T5 soft
windyMagician
17:18
that and the post asking for low gpa success stories along with every other identifying detail
i should be a vtuber so i can finally realize my dream of becoming an anime girl
17:23
@CynicalOops: tickets to what?
CynicalOops
17:26
I got my brother tickets to a golf tournament and im going to get my mom ski lift tickets because she just moved near a ski resort
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