Rule 403

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Admit

Admit

Admit

Admit

Exclude

403 Balancing

Rule 403 reflects a

strong preference

for admission

Factors in the 403 Balance

Prejudicial Effect

Waste of Time

Risk of Confusion

Probative Value

Probative Value

Prejudicial Effects•Invalid EH’s•Forbidden (even if valid) EH’s•Lock’m Up Effects

Types of Prejudicial

Effect

D charged with murder of V who was killed with a sawed off shotgun

+

Makes Fact SML

Proffered Evidence Fact

D owns a sawed off shotgun

D killed V

EH: People who own SOS’s are SML to kill with a SOS’s because they

have one available

Valid but Forbidden (Propensity) EH

+

Makes Fact SML

Proffered Evidence Fact

D owns a sawed off shotgun

D killed V

EH: People who own SOS’s are SML to be bad & bad

people are more likely to kill.

+

Makes Fact SML

Proffered Evidence Fact

D owns a sawed off shotgun

D killed V

EH: People who own SOS’s are SML to be bad & bad

people should be put in jail.

Invalid (Lock’m Up Effect) EH

Powerfully Probative vs. Unfairly Prejudicial

D charged with robbing a 7-11.

• The day before the robbery, he told his friend, “I’m planning on robbing a 7-11 tomorrow.”

• The day before, he stole money from the poor box, spat on a priest, kicked an old lady, and said, “God is dead.”