(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.
probative value. 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 valuethe 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.
