Sherlock Holmes: First Impressions & Evidence

Sherlock Holmes:First Impressions & EvidenceTravis R. Marker, JD & LLM

Reliability Relevance

RULE 401. TEST FOR RELEVANT EVIDENCE Evidence is relevant if: (a) it has any tendency to make a fact more or lessprobable than it would be without the evidence;and (b) the fact is of consequence in determining theaction.

"Truth is irrelevant. What is relevant is whetheror not they believe it."The logic in the words grated. "The first rule ofscoundrels?"— Sarah MacLean (A Rogue by Any Other Name(The Rules of Scoundrels, #1))

"When making factual findings forsentencing purposes, district courts may consider any information whichbears sufficient indicia of reliability tosupport its probable accuracy.'" UnitedStates v. Harris, 702 F.3d 226, 230 (5th Cir.2012) (quoting United States v. Solis, 299F.3d 420, 455 (5th Cir. 2002)). US v.Maldonado, Court of Appeals, 5thCircuit 2016

"When making factual findings forsentencing purposes, district courts may consider any information whichbears sufficient indicia of reliability tosupport its probable accuracy.'" UnitedStates v. Harris, 702 F.3d 226, 230 (5th Cir.2012) (quoting United States v. Solis, 299F.3d 420, 455 (5th Cir. 2002)). US v.Maldonado, Court of Appeals, 5thCircuit 2016

Because the PSR contained sufficient indicia ofreliability to support the confidentialinformant's report, the district court committedno error in attributing the additional 945 gramsof heroin to Maldonado. See United States v.Rogers, 1 F.3d 341, 344 (5th Cir. 1993) (findingsufficient indicia of reliability to support aconfidential informant's report where the"government[ s] investigation . . . corroboratedmany of the other details of the drugdistribution scheme").US v. Maldonado, Courtof Appeals, 5th Circuit 2016

The inquiry envisioned by Rule 702 is,we emphasize, a flexible one. Itsoverarching subject is the scientificvalidity — and thus the evidentiaryrelevance and reliability — of theprinciples that underlie a proposedsubmission. The focus, of course, mustbe solely on principles andmethodology, not on the conclusionsthat they generate.

Individual Five Senses Intuition Personal script & background Group Analysis Cultural Analysis Consensus of reaction via senses &intuition Others?

Timing Ability to effectively research Need for a decision Previous background or knowledgebefore encounter with evidence Others

“[M]ore than three quarters of wrongfulconvictions later overturned by DNA evidencerelied on faulty eyewitness evidence.”– “Is Eyewitness Testimony Inherently Unreliable?”By Aileen P. Clare – May 28, 2012

Reconstructive Memory . . . “people storeinformation in the way that makes the mostsense to them. We make sense of information bytrying to fit it into schemas, which are a way oforganizing information. Schemas are mental'units' of knowledge that correspond tofrequently encountered people, objects orsituations. They allow us to make sense of whatwe encounter in order that we can predict what isgoing to happen and what we should do in anygiven situation.” – Simply Psychology,“Eyewitness Testimony,” Saul McLeod 2009

“Our first impressions are generated by ourexperiences and our environment, whichmeans that we can change our firstimpressions . . . by changing the experiencesthat comprise those impressions.”― Malcolm Gladwell

“It is a capital mistake to theorize beforeone has data. Insensibly one begins to twistfacts to suit theories, instead of theories tosuit facts.”― Arthur Conan Doyle, Sherlock Holmes

They have fallen into the grossbut common error ofconfounding the unusual withthe abstruse. But it is by thesedeviations from the plane of theordinary, that reason feels itsway, if at all, in its search for thetrue. In investigations such aswe are now pursuing, it shouldnot be so much asked, what hasoccurred,’ as ‘what has occurredthat has never occurred before.’In fact, the facility with which Ishall arrive or have arrived, atthe solution of this mystery, is inthe direct ratio of its apparentinsolubility in the eyes of thepolice. (page 19) – AugustDupin

Edgar Allen Poe wrote thefirst detective story by anAmerican author—but thefirst detective novel was thework of Anna KatharineGreen, with 1878’s TheLeavenworth Case. . . . Thisbook predates bothSherlock Holmes andAgatha Christie, and it's aworthwhile read to see howGreen's novel (which was abestseller in its time)influenced the evolvingmystery genre.

‘You will not applymy precept,’ hesaid, shaking hishead. ‘How oftenhave I said to youthat when you haveeliminated theimpossible,whatever remains,howeverimprobable, mustbe the truth?’

"What you do in this world is amatter of no consequence. Thequestion is what can you makepeople believe you have done." "To a great mind, nothing islittle,' remarked Holmes,sententiously." — Arthur Conan Doyle (A Studyin Scarlet (Sherlock Holmes, #1))

Increase Your Data!“It is a capital mistake totheorize before one hasdata. Insensibly onebegins to twist facts tosuit theories, instead oftheories to suit facts.”“Data! data! data!" he criedimpatiently. "I can't makebricks without clay.”

Eliminate CarelessFirst Impressions“There is nothing moredeceptive than anobvious fact.”“It has long been anaxiom of mine that thelittle things areinfinitely the mostimportant.”

Observation!“The world is full ofobvious things whichnobody by any chanceever observes.”“You see, but you do notobserve.”

Discipline with Reason“When you haveeliminated all which isimpossible, thenwhatever remains,however improbable,must be the truth.”

"My dear Watson, you as amedical man arecontinually gaining light asto the tendencies of a childby the study of the parents.Don't you see that theconverse is equally valid. Ihave frequently gainedmy first real insight intothe character of parentsby studying theirchildren.”

"To Sherlock Holmesshe is always thewoman. I have seldomheard him mention herunder any other name.In his eyes she eclipsesand predominates thewhole of her sex . . .there was but onewoman to him, and thatwoman was the lateIrene Adler, of dubiousand questionablememory."

"I have heard, Mr. "Where there is noHolmes, that you cansee deeply into themanifold wickednessof the human heart.“ – The Speckled Bandimagination, thereis no horror." - A Study in Scarlet

"Is there any point towhich you would wishto draw my attention?' 'To the curiousincident of the dog inthe night-time.' 'The dog did nothingin the night-time.' 'That was the curiousincident,' remarkedSherlock Holmes."

The Reader of this storywill very soon understandhow the events outlined inthese pages have beengradually drawn togetherto make a logical whole.Apart from excising minordetails which I consideredunnecessary, I have let thepeople involved relatedtheir experiences in theirown way . . . In all otherrespects I leave themanuscript unaltered,

"If you stumble aboutbelievability, what areyou living for? Love ishard to believe, ask anylover. Life is hard tobelieve, ask any scientist.God is hard to believe,ask any believer. What isyour problem with hardto believe?" — Yann Martel (Life ofPi)

“On the day of myjudgment, when I standbefore God, and He asksme why did I kill one ofhis true miracles, whatam I gonna say? That itwas my job? My job?” ― Stephen King, TheGreen Mile

“Every murdereris probablysomebody's oldfriend.” ― AgathaChristie, TheMysterious Affairat Styles

“I believe that theimagination is thepassport we create totake us into the realworld. I believe theimagination is anotherphrase for what is mostuniquely us.” John Guare, Six Degreesof Separation

Thank you!Travis R. Marker, JD & LLM

"To Sherlock Holmes she is always the woman. I have seldom heard him mention her under any other name. In his eyes she eclipses and predominates the whole of her sex . . . there was but one woman to him, and that woman was the late Irene Adler, of dubious and questionable memory."