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_______ is NOT a reason to exclude relevant evidence.
Unfair surprise
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Relevant evidence is excluded if:
- 1. Unfairly prejudicial
- 2. Misleads or confuses jury
- 3. Causes delay/wasting time
- 4. Being needlessly cumulative
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The standard in determining whether something is relevant is
Does the evidence have any tendency to make a fact more or less probable?
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Is relevant evidence showing consciousness of guilt admissible?
- Yes
- - Example: if a defendant destroys evidence, uses an alias, runs from law enforcement and flees the country, or escapes from jail...
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If someone is charged with arson of their own house... is evidence that they fully insured it beforehand relevant?
Yes, this is relevant
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The correct answer choice for relevancy questions will almost always say the word
"probative" or "tendency"
P.T. --> "Physical Therapy"
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If the other side opens the door or puts a fact in controversy, the judge will almost always allow you to respond to any evidence placed in front of the jury (even if it shouldn't have been) in order to
- cure the prejudice or respond to controverted facts- showing gruesome injury photos if the other side says the injuries weren't that bad
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Can you show pictures of corpse or explicit images to the jury?
No, too prejudicial simply because they are excessively emotional, shocking, or grotesque and they'd overwhelm the juries senses
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All demonstrations and experiments have to be _____________ as the original event in question
- substantially the same conditions
- - It will be way too prejudicial if it is not substantially the same conditions, and will not be relevant.
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Polygraph evidence is not allowed because
it is considered unreliable and also confusing to the jury. Therefore, it is not relevant.
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