probative value


Also found in: Dictionary, Thesaurus, Medical.

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 ?
the 10th Circuit affirmed the district court's ruling that the plaintiff's survey results were "devoid of any probative value and therefore irrelevant" because of the survey sample was overinclusive, the age of the respondents was not representative, the marks were presented improperly and compared side by side, and the questions were leading.
The Seventh Circuit appropriately admonished the trial court's failure to engage in an on-the-record evaluation of why the government offered Lee's prior conviction for drug possession, the relevance of that conviction, or the weight of the prior conviction's probative value balanced against its prejudicial effect.
substantially outweigh its probative value on the witness's
However, limitations of memory do undermine the probative value of suspect identification evidence.
gives it a significant probative value, despite the very
In discussing the probative value of the fMRI test results, the magistrate also expressed concern that the evidence could improperly diminish the jury's role in evaluating credibility.
Moreover, it is clear that the court should exercise its discretion to exclude such evidence if its prejudicial effect is out of proportion with its probative value.
Common sense suggests that the probative value of admitting this homeless man's conviction would be vastly outweighed by the prejudicial effect of allowing the jury to hear about his past sex crime, because people tend to despise sex offenders.
The uncorroborated statements of Adorco, which are the only evidence against the respondents have no probative value and are inadmissible in evidence against them,' the resolution stated.
He urged the judge to apply full probative value to all the evidence given by the prosecution and convict Nwobike accordingly.
Such mimic evidence can be introduced if its probative value is not outweighed by the danger of unfair prejudice to the defendant, Shellenberger said.