probative value


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probative value

n. evidence which is sufficiently useful to prove something important in a trial. However, probative value of proposed evidence must be weighed against prejudice in the minds of jurors toward the opposing party or criminal defendant. A typical dispute arises when the prosecutor wishes to introduce the previous conduct of a defendant (particularly a criminal conviction) to show a tendency toward committing the crime charged, against the right of the accused to be tried on the facts in the particular case and not prejudice him/her in the minds of the jury based on prior actions. (See: probative)

References in periodicals archive ?
very low probative value comes also with serious concerns about false
28, 2010) (noting that evidence of prior sex crimes should generally be admitted unless the prejudice to the defendant substantially outweighs the probative value of the evidence).
In every case in which a weapon not used in a crime is sought to be introduced into evidence, the trial court must consider its relevancy, either to the perpetration of the crime or to the credibility of a witness, and then weigh the probative value, if any, against the possibility of unfair prejudice to the defendant.
admissible evidence when they determine that its probative value is
gives it a significant probative value, despite the very
76) Further, the Fourth DCA disagreed with the trial court's conclusion that the probative value of the messages was substantially outweighed by the danger of unfair prejudice.
suppressed confession when deciding whether the probative value of
148) The court further stated that "'group' character evidence is objectionable for the same reason as is traditional character evidence: probative value depends upon the jury drawing the forbidden inference that the defendant has a propensity to commit the crime with which he is charged.
This conclusion has two important corollaries: (1) Bible narratives about the political, social, and intellectual world of ancient Israel from Abraham to the temple's destruction lack probative value.
STS Group is the European leader in Digital Trust software publishing, an area covering the authentication, exchange and probative value storage of any digital object.
James Joyner, for instance, called the poll a "publicity stunt of dubious probative value.