Page 5 - Probative Value News Today

Normally that kind of privacy would apply. but where the stakes are this high as a second-degree murder case, if if the defense can establish its relevancy, and wendy was talking about some very technical differences and different state laws. its certainly not going to be the easy thing for the judge to make decisions on this, but if the defense can establish the relevancy, were hearing the word probative value, the ability to prove things, then i think the right of a fair trial, like it or not,...

Test and gave a hot blood test. that is significant and goes to his state of mind. i think thats interesting information that a jury should know. ultimately the judge has a classic what we call a 403 balancing test. the judge has to decide whether the probative value outweighs the prejudicial effect. maybe some of these elements do have probative value, especially the marijuana testing. >> as i see this, with all of these motions in limine, the prosecutors dont want the jury to see that maybe tr...

Our own private thoughts, why wont the jury see it? >> because its prejudicial. the prejudicial value whether outweigh the probative value. basically what it would tell the jury. and you can see this as what does it really tell you about whether shes guilty or not, whether she killed him in self-defense or not. so thats why it wont get in. but it is so strange. the officers and you canned to her, shes minutes away from getting arrested, minutes away and shes doing head stands. >> and sinking. >>...

When it shows identity, common scheme of plan. the signature between the two cases, both women died of the same type of injury, blunt force trauma to the head, brain injuries, skull factures? >> the injuries are so similar that the exception comes in and the jury will hear it -- okay, you are the defense attorney. you are going to fight against this. >> i am going to fight against this. if you told me these were two car accidents, two foul-down accidentsish, i would agree. one is a car accident ...

In this situation what is so special is, that if youre pulled over with probable cause. now there has to be probable cause for you to be pulled over for drunk driving. the state has very clearly stated, if we dont have the blood test immediately, the alcohol level dissipates. >> that is a farce. >> wait a minute. that is not necessarily a farce. what theyre saying is, if someone denies their right for a breathalyzer, how else can they then prove the case? the probative value is so diminimus othe...

Doesnt outweigh the probative value. most courts will say if convicted under a higher standard its probative. >> doesnt feel right to me. >> its funny, i got a -- it feels right to me. shes been convicted beyond a reasonable doubt. its admissible in a civil case. we learned about collateral he is stop the and it feels right. >> my eyes use today glaze offense. fred, jennifer, stick around because were going to talk about another case later on. >> thanks. >> a terrorist group reportedly claims re...

Probative value, i think its as useless as the g in lasagna. megyn: but they mentioned it at the hearing the other day. >> right. megyn: what is the g doing in there? >> it has no place in it. megyn: neither grapes, nor nuts. >> heres the deal, that came in because they were trying to talk about whether this is a person who presents a risk to the public safety, is he a viability individual, does he have a propensity towards violence, and theyre looking at a history of domestic violence, whether ...

Probative value. >>judge napolitano: more would scratch their head over this case than the evidence. >>shepard: probative. probative. okay. thank you, gentleman. judge napolitano we will watch for you on "freedom want," at 8:00 eastern on the fox business network which gives you the power to prosper. >> the texas governor rick perry admits he is not the best debater and poll show he is still losing ground to rivals and he is behind in his own state. so what does he have to do to turn the campaig...

held and who was tracking him. the other suspect is a member of irans revolutionary guard. hes still at large. iran is blasting the united states saying it has no ties to this suspected plot. the spokesman for the iranian president mahmoud ahmadinejad, quote, i think the u.s. government is busy fabricating a new scenario and history has shown both the u.s. government and the cia have a lot of experience in fabricating these scenarios and this is just the latest one. i think their goal ...

Regardless of the circumstances. martha: what about the reports that he had a history of predatory behavior towards women. other women have written about and testified to that. is that admissible in this case? >> reporter: if the prosecution can prove what is called a pattern of conduct similar to or see you department cal to the crimes charges here, its admissible in the discretion of the judge. if the judge things the probative value outweighs any prejudicial effect. there is one french journa...