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Simple English definitions for legal terms

probative value

Read a random definition: advisory committee

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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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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