Also known as: probative value · probative force · probative evidence
Written by attorneys · grounded in primary & secondary sources — see below
A measure of the tendency of evidence to establish the existence of a fact of consequence in the action. Courts weigh this measure against risks of unfair prejudice or other countervailing concerns when deciding admissibility.
Phoebe Park faces federal fraud charges. The government seeks to introduce her ten-year-old embezzlement conviction to impeach her testimony. The court admits the conviction after determining that its tendency to show dishonesty outweighs any unfair prejudice to her as the defendant.
Portia Price stands trial for arson. The prosecution offers evidence that she previously set a controlled fire at a different warehouse to collect insurance. The court admits the evidence because a jury could reasonably conclude she committed the prior act and its tendency to prove motive is not substantially outweighed by prejudice.
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Pavel Petrov sues a manufacturer after a machine malfunction. His expert relies on internal test reports that would otherwise be hearsay. The court permits disclosure of the reports to the jury because their tendency to help evaluate the expert opinion substantially outweighs any prejudicial effect.
Priscilla Parks is charged as a felon in possession of a firearm. She offers to stipulate that she has a qualifying prior conviction. The government nevertheless seeks to introduce the full judgment. The court excludes the details because the tendency of the name and nature of the offense to prove the element is substantially outweighed by unfair prejudice.
Patrick Phan sues his former employer for discrimination. The defense offers a lengthy series of nearly identical performance reviews. The court excludes several reviews because their tendency to show legitimate reasons for termination is substantially outweighed by the risk of wasting time and confusing the jury.
Priya Prasad testifies in a civil contract dispute. The opposing party seeks to introduce her twenty-year-old conviction for perjury. The court admits the conviction after finding that specific facts establish its tendency to show dishonesty substantially outweighs any prejudicial effect.
Probative value is weighed against dangers such as unfair prejudice, confusion, or delay. Evidence is excluded only when the probative value is substantially outweighed by those dangers.
The conviction must be for a crime punishable by more than one year of imprisonment. Admission is required if the probative value of the evidence outweighs its prejudicial effect to the defendant.
The proponent may disclose the facts only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.
The stipulation reduces the probative value of the full record because the only remaining fact at issue is the defendant's status as a felon. The name and nature of the conviction then carry a risk of unfair prejudice that substantially outweighs any remaining probative value.
The proponent must demonstrate that the probative value of the conviction, supported by specific facts and circumstances, substantially outweighs its prejudicial effect.
…guarantees of the Fourth Amendment, stands as a protection of quite different constitutional values . . . .” The exclusion of probative evidence in order to serve other ends is sound jurisprudence but, as the Court concluded in Jackson v. Denno , 378 U.S., at 382, juries would have great difficulty in understanding that policy, in…