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Supplemental Materials
(i.e., materials not in the casebook)
Evidence Course, Professor Peter Tillers, Fall Semester, 2002
Cardozo Law School
I. Introduction
II. Evidence and Trial Procedure
Overview of the Procedure of
Proof Closing Argument & Jury
Instructions Submission of Evidence through
Witnesses "Laying the Foundation" for
Admission of Evidence through Witnesses Offers &
Objections III. Relevance and Related
Matters Exclusion
of Evidence for "Collateral" Reasons Relevance, Proof,
Uncertainty, and (a Pinch of) Probability Theory Tribe: The Dangers of Probability Theory in Trials Lempert:
The Use of Probability Theory (Bayes' Theorem) to "Model"
Relevance Uncertain Inference in the
Real World: Webs of Inference Enveloped in Explanations Note on the Complexity of Bayesian Analysis of Multistage
Inference {Extract from Stephen Toulmin?} Case Studies in Complex Inference: (ii) A
Suspicious(?) Gesture by Mr. Sacco (iii) Simon
Says Mr. Robinson May Have Had a .38 Caliber
Revolver Conditional Relevance IV. Testimonial Proof V. Hearsay VI. Exceptions to the Hearsay Rule VII. Prior Statements of Testifying
Witnesses VIII. Documentary, Tangible, and Demonstrative
Evidence IX. More about Testimonial
Impeachment X. Character Evidence & Bad
Acts: Testimonial Impeachment and "Circumstantial" Evidence
Character & Habit A religious habit: Levin
v. United States A corporate habit?: Prior Similar Business (Corporate)
Wrongdoing: McAdams-Smith v.
Peridot Chemical (New Jersey), Inc., 313 N.J. Super. 257, 712
A.2d 1181 (1998) Character Evidence in Sexual Misconduct Cases Character of Defendant in Sexual Misconduct Cases Woods
v. State, 235 N.E.2d 479 (Ind. 1968) (sexual molestation
of minor) State
v. Doporto, 935 P.2d 484 (Utah 1997) (sexual molestation
of minor) §§
2 through 2.1.1.1.2 of Notes (character of accused in
child molestation cases) People v. Ewoldt, 7 Cal.4th 380,
867 P.2d 757, 27 Cal.Rptr.2d 646 (1994) (sexual
molestation of minor)
Overview:
Three Dimensions of
Proof at Trial
Miscellaneous
Rules & Principles
A
Sure-Fire Way to Introduce or Exclude Evidence at Trial
Despite Your Utter Ignorance of the Law of
Evidence!
The Meaning of
"Relevance"
Notes
and Questions about Logical Relevance versus Legal Relevance
Gulf
States Utilities Co. v. Ecodyne
Corp.
In
re Winship
Simple
(Single-Stage) Inference
(i) Inference in Context: Do
Both the Good and the Evil Fear (and Flee) the Police in
Washington Heights?
The "Rule" against Inference upon Inference {Wigmore
extract, Section 41 & two Arizona opinions}
A
Basic Black Letter Definition of Hearsay
Bridges
v. State
Materials
for Authentication Problem
Review
Problem: Memorializing an FBI Interview
Overview: Diagram of the
Character Evidence Rule(s)
Character Evidence Problems: Analysis, Summary, Practice & Review
A drinking habit: State
v. Radziwil
Character of (Alleged) Victim in Sexual Misconduct
Cases
Notes
on the Character Evidence Rule and the William Kennedy Smith
Case