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David A. Sklansky |
Evidence:
Cases, Commentary, and Problems |
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Suppose the prosecution in a murder case wishes to demonstrate
motive by proving that the victim had assaulted the defendant's
cousin. Defense counsel objects on grounds of relevance.
How should the judge rule? Does it matter whether the judge
believes (a) that the defendant knew about the assault, or (b) that
the jury could reasonably conclude the defendant knew about the
assault?
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Copyright © 2003-2005
David A. Sklansky. All rights reserved.
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