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Death penalty and if therefore they should push for him to get life. i love that. and i think we ll see a lot of that at a penalty phase if we reach the penalty phase, which is likely. he was under the sway of his older brother who was sort of a tyrant and also that he s so swayed by religion that this is what he believes now. there s a caveat to that. in federal death penalty cases it s a unique. ultimately the jurors have to certify that religious beliefs and things like race from have no part in their ultimate decision, which is sort of a paradox. how do you possibly not consider that issue here when we get to the penalty phase? remember when we get to the penalty phase, the rules of evidence are out the window don t apply. for that reason we ll see a wide range of evidence almost anything can come in with the only limit being is the prejudicial value, does it highly outweigh or does it just outweigh the probative value? good to know. thanks. ....
That would also be inadmissible here as collateral prejudicial evidence. the prejudicial value outweighing the probative value, but, boy, i m not sure in south africa if that s the case. ex-girlfriends are never going to say anything good. that s like putting your mother on the stand to say how wonderful you are. that would open the door. in the american courtroom if you bring your character into play that opens the door to prosecutors who say he s an awful guy, here s the ex-girlfriend. you got to be careful just because you preclude evidence on the prosecutor s direct case doesn t mean you can t open up the door later on. is his defense what would be known in america the imperfect self-defense, that is to honest but mistaken belief his life was in imminent danger of serious bodily injury or death? i think that s exactly it. they weren t together that long. they were together for about four months. what does that mean? you know, i think that mean ....
His hangups about race, would there potentially have been a different outcome? would this have gone the way of a hate crime? steven. one of the things judges have to do in trial, they have to keep out evidence so prejudicial and not probative prejudicial value outweighs probative value. in this case, i don t think they would have gotten anything in. saying it s thug music isn t a racist statement. it s just a commentary on the kind of music being played. there s nothing racially motivated about this crime. he could have pulled up, seen four white males sitting there listening to eminem who is a white rap artist. i don t think anybody knows of a term where music is thug music. sure, rap music. his jailhouse letters reveal his racial prejudice. he wrote jailhouse letters and ....
To make a decision on emotion. it didn t do that. it had probative value. it showed she was a knowing participant in the conspiracy. i don t blame them for keeping it out but it was the right decision to let it in. gregg: she confessed to planning the robbery to a detective but the defense has a very interesting take on this that might avoid felony murder and that is, wait a minute, yeah there was a robbery that was planned but the victim was not killed during the robbery but during sort of a sex act that had gone wrong and there is some evidence of that. well, not only that, you know, and i agree by the way with fred, the tape is absolutely admissible but it does not make the case for the prosecution because in that taps that she quote, set the whole thing up. and the whoa is, what did she set up? that has to be tied up later on when the detectives claim that she admitted to during a detective interview that this was a about a robbery and my question is as a defense ....
Before that shooting. so, do you think that the judge, dan, will allow this in? they will probably allow some of this in. the defense is not contesting any of this. the defendant wanted to raise defense of others defense which would say he was killing americans to protect the taliban. he wasn t saying he wasn t into jihad. the question here is, you have to weigh the probative value for the prosecution to show motive which is an important part of the prosecution versus prejudicial effect if they have too much evidence of jihad would it inflame the motions of the jury and not be relevant to the actual motive. it will be a balancing decision by the judge and some of it would come in. heather: seems relevant, though. what do you think? i think dan made a great point. probative value may outweigh the press r prejudicial value. i think the judge will weigh a balance. heather: that is really fine line because of an appeal they want to make sure there are no appealable issues when they ....