JSB171 Lecture Notes - Lecture 1: Enforcement Authority, Logical Reasoning, Voir Dire
Document Summary
The issue here is whether justice x should exercise judicial discretion to exclude [piece of evidence]. : even if a piece of evidence is relevant and admissible, a judge may use his/her discretion b. to exclude it. In criminal cases, even though an item of evidence may be both relevant and admissible, the judge has discretion to exclude material that would otherwise be admissible. In criminal trials, judge/magistrate has responsibility to ensure the accused gets a fair trial. Is the evidence of slight probative value? a. If no, it is more than that, it has medium or high probative value : here the evidence is [confession to murder, admissions to this crime and other crimes like in hasler] and is therefore of. As the evidence is so weighty, there is no need to look at the second issue of prejudicial effect:
