Transcript Document

Problems
5-7
Problem 5
Problem 5
Holy Cow.
It’s 5 Pounds
of Cocaine
Dan
I borrowed the
car from my
neighbor. I
didn’t know
what was in the
trunk.
Sam’s Testimony
There was
cocaine in
the trunk
3 years ago,
Dan sold me
an ounce of
cocaine.
Elements of Charge
• There was stuff in
the trunk
• Stuff was cocaine
• D knew there was
stuff in trunk
• D knew stuff was
cocaine
• D intended to sell
the cocaine
Sam (3x Convicted Perjurer Looking for a Deal)
Coke inCharacter
Trunk
Yes.
Forbidden
Possession
then to
Inference
DDT
Propensity
to possession
Inference?
now.
Folks who
sell coke are
SML to be
drug dealer
types (DDT)
3 yrs ago,
Dan sold
me coke
D is a DDT
DDT’s are
SML to
possess
coke
There was
coke in
trunk
Knew
Was
Stuff
Forbidden
Yes. There
AndCharacter
it’s
also
in Trunk
Inference
Propensity
nonsense
Inference?
Folks who
sell coke are
SML to be
DDTs
3 yrs ago,
Dan sold
me coke
DDT’s are SML
to look in trunks
D is a DDT
D knew
there was
stuff in
trunk
Knew
the Character
Stufffrom
Was
Forbidden
No.
Inference
Coke
Inference
Propensity
knowledge.
Inference?
Folks who
sell coke are
SML to know
what coke
looks like
3 yrs ago,
Dan sold
me coke
Folks who know
what coke looks
like are SML to
recognize it if
they see it in a
trunk
D knew
what coke
looked like
D knew
the stuff
in trunk
was coke
Intent Inference
Dan
possessed
Connecting
the coke
Fact
this time
3 yrs ago,
Dan sold
me coke
Folks who did X when
they previously had the
means are SML to intend
to do X if they again have
the means.
D intended
to sell the
coke
403 Balance for “He
sold me coke 3 years
ago.”
Probative Value
Prejudicial Effects
Problem 6
Problem 6 on
Document
Camera
Fill in the Blanks PBA
Folks who _____
are SML to
_____________
Bad Act
FOC
Intermediate
Fact
Problem 5
Problem 7
Brenda Barfly
For the past 5 years,
Dennis would always
come into Joe’s right
after work and drink 4
scotches before driving
home
Habit or Character
Brenda