Page 4 - Probative Value News Today

Fox 29 in philadelphia. i have just gotten word that andrea constand, the victim in this case, who just received justice in this case, will speak scheduled for 9 minutes from now live at the courthouse. think of all that shes been through. kimberly gillfoyle, former district attorney. to think what andrea constand has had to endure over the months and years, kimberly. >> yeah, can you imagine? this is one of the areas that i had in the san francisco das office, trying sexual assault cases and br...

Its actually speculative. she is purporting to explain, as hillary has tried to do, why hillary lost. and shes revealing that she is making assumptions about half the people who will be appearing before her bench in the court. in that sense, or speculations, as thee lawyers like to say, hae no probative value. shes a judge and she should know better than to concoct evidence based on her own assumptions. i think this is terrible. you know, i loathe the rule judges which alas, this great republic ...

Death penalty and if therefore they should push for him to get life. >> i love that. and i think well see a lot of that at a penalty phase if we reach the penalty phase, which is likely. he was under the sway of his older brother who was sort of a tyrant and also that hes so swayed by religion that this is what he believes now. theres a caveat to that. in federal death penalty cases its a unique. ultimately the jurors have to certify that religious beliefs and things like race from have no part ...

That would also be inadmissible here as collateral prejudicial evidence. the prejudicial value outweighing the probative value, but, boy, im not sure in south africa if thats the case. >> ex-girlfriends are never going to say anything good. thats like putting your mother on the stand to say how wonderful you are. >> that would open the door. in the american courtroom if you bring your character into play that opens the door to prosecutors who say hes an awful guy, heres the ex-girlfriend. >> you...

To make a decision on emotion. it didnt do that. it had probative value. it showed she was a knowing participant in the conspiracy. i dont blame them for keeping it out but it was the right decision to let it in. gregg: she confessed to planning the robbery to a detective but the defense has a very interesting take on this that might avoid felony murder and that is, wait a minute, yeah there was a robbery that was planned but the victim was not killed during the robbery but during sort of a sex ...

Before that shooting. so, do you think that the judge, dan, will allow this in? >> they will probably allow some of this in. the defense is not contesting any of this. the defendant wanted to raise defense of others defense which would say he was killing americans to protect the taliban. he wasnt saying he wasnt into jihad. the question here is, you have to weigh the probative value for the prosecution to show motive which is an important part of the prosecution versus prejudicial effect if they...

Not relevant as to whether or not he is guilty of this crime. >> and the prejudicial effect arguably outweighs the probative value. let me take it a step further here. the defense nevertheless uses the ruling but uses it to try to convince the jury, hey, there is nothing sinister about wanting to be a police officer. its a noble endeavour. >> not oity did the defense astute lee do that, the defense did what you and i were taught in law school years ago, turn them into your witness. get opinion t...

Trayvon martin. as you can see these are not just words these are phrases that he thinks could induce some way bias. zimmerman is charged with second-degree murder in the shooting death of 17 naerld trayvon martin. jury selection is set to begin next week. "outfront" tonight, criminal defense attorney mark nijay. mark when you look at this list banning the phrase he confronted trayvon martin, banning the word profile how likely that a judge will go along with this? >> i think he may go along wit...

Probative value and shouldnt be permitted in front of a jury because its meant to arouse fashions of the jury rather than sticking to the facts and evidence of the case. the judge will keep some out that might suggest that, that theres more here than the evidence, that they are really going to try to inflame them by showing hes a vigilante or something like that. some areas are really hard and i dont see the judge granting that. >> now i guess i dont under the whole country involved in this case...

That he thinks could induce some way bias. zimmerman is charged with second-degree murder in the shooting death of 17 naerld trayvon martin. jury selection is set to begin next week. "outfront"ing tonight our criminal defense attorney. mark when you look at this list banning the phrase he confronted trayvon martin, banning the word profile how likely that a judge will go along with this? >> i think he may go along with some of them but definitely not all of them. what the defense is attempting t...