Using the weight formula, explain how probative value, credibility, and corroboration affect the weight given to evidence by a jury.
What will be an ideal response?
Weight is a combination of the probative value of evidence (how well it proves or disproves a fact at issue), and its credibility or believability. These factors are greatly enhanced if the evidence is corroborated by other evidence, because corroboration both increases probative value and makes evidence more credible than it would be standing alone.
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The weight formula is very important when presenting evidence to a jury. The weight formula is (probative value + credibility)x corroboration.
Probative value is how well a piece of evidence proves a fact. The probative value of evidence can vary depending on what the item is. A murder weapon or a confession has more weight than other pieces of evidence may have. The probative value of a murder weapon may also vary depending on whether it has DNA or fingerprints present.
Credibility is the degree to which a witness or piece of evidence is believed by a jury. Evidence without credibility would present less weight to the jury than evidence that is credible. It is important that credibility is presented so the jury believes it because credibility is decided by the jury.
Corroboration is evidence supporting other evidence. If two credible pieces of evidence support each other, they will bear more weight on the jury. Corroboration is multiplied in the equation which means it has a greater impact on weight than probative value or credibility alone. Corroboration is also important because an out-of-court confession isn't enough evidence to prove guilt. If there is evidence to back up a confession, such as DNA, the confession will bear more weight in court.
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