Evidence is also presented at the trial about the ability or inability of each of the 20 dogs to follow a scent. The jurors consider each dog and the evidence about each dog separately. They conclude, in each instance, that each dog more probably than not cannot follow a scent.
Should the jurors have been told in this case to disregard evidence about the tracking behavior of the dogs (that each of the twenty dogs led dog handlers to the defendant) if the jurors conclude that it is more probable than not that each dog cannot follow a scent? Alternative statement of the problem: Should the trial judge refuse to admit the dog-tracking evidence if the trial judge concludes that there is insufficient evidence to permit a reasonable jury to conclude that it is more probable than not that each dog is capable of tracking a scent -- if, that is, the trial judge concludes that a reasonable jury would have to find that it is more probable than not that each dog cannot follow a scent?
See Federal Rules of Evidence 104(b), 401 & 402.