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.
fMRI's probative value
for the purposes of determining its
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.