1. Rule 403

2. 1 2 3 4 5 Admit Exclude 403 Balancing

3. Rule 403 reflects a strong preference for admission

4. Factors in the 403 Balance Prejudicial Effect Waste of Time Risk of Confusion Probative Value

5. Prejudicial Effects Invalid EH’s Forbidden (even if valid) EH’s Lock’m Up Effects Types of Prejudicial Effect

6. D charged with murder of V who was killed with a sawed off shotgun + Makes Fact SML Proffered Evidence Fact D owns a sawed off shotgun D killed V EH: People who own SOS’s are SML to kill with a SOS’s because they have one available

7. Valid but Forbidden (Propensity) EH + Makes Fact SML Proffered Evidence Fact D owns a sawed off shotgun D killed V EH: People who own SOS’s are SML to be bad & bad people are more likely to kill.

8. + Makes Fact SML Proffered Evidence Fact D owns a sawed off shotgun D killed V EH: People who own SOS’s are SML to be bad & bad people should be put in jail. Invalid (Lock’m Up Effect) EH

9. Powerfully Probative vs. Unfairly Prejudicial D charged with robbing a 7-11. The day before the robbery, he told his friend, “I’m planning on robbing a 7-11 tomorrow.” The day before, he stole money from the poor box, spat on a priest, kicked an old lady, and said, “God is dead.”