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It's every lawyer's dream to help shape the law, not just react to it.
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Legal Definitions - inclusionary-approach rule
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Definition of inclusionary-approach rule
The inclusionary-approach rule is a principle in law that allows evidence of a prior crime, wrong, or act to be admissible for any purpose other than to show a defendant's criminal propensity. This means that the evidence can be used to prove something else that is relevant to the case, as long as its probative value outweighs its prejudicial effect.
For example, if a defendant is on trial for robbery, evidence of a prior conviction for theft may be admissible to show the defendant's motive or intent. However, the evidence cannot be used to show that the defendant is a "bad person" who is likely to commit crimes.
Another example is if a defendant is on trial for assault, evidence of prior violent behavior may be admissible to show the defendant's propensity for violence, but only if it is relevant to the case and its probative value outweighs its prejudicial effect.
The inclusionary-approach rule is important because it allows relevant evidence to be presented in court, while also protecting defendants from being unfairly judged based on their past actions.
It's every lawyer's dream to help shape the law, not just react to it.
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Simple Definition
The inclusionary-approach rule is a principle in law that allows evidence of a past crime or wrongdoing to be used in court for any purpose other than to show that the defendant is likely to commit a crime. This evidence can only be used if it is relevant to the case and its value outweighs any negative impact it may have on the defendant's case.
The law is a jealous mistress, and requires a long and constant courtship.
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