(18) The "inclusionary policy" of the law means that evidence should not be excluded as "irrelevant" where there is a reasonable argument that it has some probative value
for a legitimate inferential purpose.
. Ultimately, because the Valspar majority did not
More generally, Rule 403 lays out the general standard for when any evidence can be excluded: "The court may exclude relevant evidence if its probative value
is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence." (39) Analyzing evidence under Rule 403 entails balancing the probative value
of the evidence against the risk of unfair prejudice to the party opposing its admission (generally, in criminal trials, the defendant).
to admit any evidence it deemed of probative value
. The intention again
'significant probative value
'; and (ii) rejecting the approach
One latent print examiner commented "that many agencies and latent print analysts struggle with the documentation and reporting of inconclusive results." (60) The "inconclusive" report actually covers a number of different factual scenarios that may actually be quite different in terms of their probative value
. (61) A SWGFAST document in (apparently permanent) draft form notes that "inconclusive" covers at least three distinct factual situations:
In July 2015, Ban summarised the Panel's findings, explaining that the panel had assigned moderate probative value
to information supporting the hypothesis of an aerial attack --or other interference--as a possible cause of the crash.
This interpretation also perniciously obscures the probative value
the very least, have limited probative value
in the eyes of the courts.
The Assessor argued that Kokomo Mall's appraisal, and the corroborating testimony, lacked probative value
because it contained errors, but the Assessor did nothing to impeach or rebut Kokomo Mall's evidence.
While some judges define the ordinary consumer as "ignorant" or "hasty and easily deceived," others state that the ordinary consumer "exercises a normal measure of the layman's common scene and judgment." Judge Posner suggested that this creates a "war of words" that can undermine the probative value
of consumer surveys.
(36) After reviewing its previous FRE 404(b) precedent in Miller, the court lamented over the trial judge's failure to engage in an on-the-record evaluation of the reasons the government offered the prior conviction, the relevance of the conviction, or the weight of the conviction's probative value
balanced against its risk of unfair prejudice.