Prior
Defendant is charged with being a felon-in-possession of a firearm. Prosecutor seeks to introduce evidence of defendant’s prior felony conviction, including which felony and the underlying facts.
Admit the fact of the felony conviction.
Exclude the nature of the felony and the underlying fact, which are likely to be substantially more unfairly prejudicial than probative.
Defendant is charged with robbery. The prosecutor wants to show that the defendant ran away when the police showed up. The defendant wants to explain that he ran only because he was on parole for a prior murder conviction and didn’t want his parole revoked, not because he committed this robbery.
Allow it, with limitation. The jury can hear the defendant’s alternative explanation for fleeing, but the judge should tell them they can’t use the fact that he was on parole for murder as proof that he is a bad person or has a criminal character.
Plaintiff sues defendant for damages she suffered in an auto accident. Plaintiff seeks to introduce a “day-in-the-life” video that shows the difficulty of her daily routine, now that the accident rendered her a quadriplegic.
Admit. The video directly helps the jury understand the extent of the plaintiff’s injuries and the impact those injuries have on her daily life. It’s not just meant to tug at emotions — it’s concrete evidence showing damages. Because damages are a central issue in a civil case, the probative value is very high. And while any sympathetic reaction is possible, the value of illustrating her condition outweighs the risk of unfair prejudice.
Defendant is charged with murder. Prosecutor seeks to introduce a video, set to music, detailed the victim’s ties to his family and community to show the victim impact of his slaying.
Exclude. A video aimed at evoking sympathy for the victim likely goes too far and is unfairly prejudicial.
Defendant is charged with bank robbery. Prosecutor wants to introduce evidence that defendant had been recently fired from her job.
Exclude. Evidence of a person’s indigence is not relevant to prove motive to commit the crime.
Defendant is charged with being a felon-in-possession of a firearm. Defendant offers to stipulate to his prior felony.
Exclude. The stipulation renders the nature and underlying facts even less relevant.
Defendant is on trial for murder. Defendant wants to show that, even after the murder was reported in the local newspaper, he stayed in town instead of leaving.
Allow it. Staying put could suggest innocence (“consciousness of innocence”), but the value of that evidence is weak. Still, it doesn’t risk unfair prejudice, so it can come in.
Defendant is charged with assault and battery. Prosecutor asks the witness to step down from the witness stand to re-enact how defendant attacked him.
Admit. If the witness is accurately recounting what happened, such demonstrative evidence is admissible.
Defendant is charged with attempted murder. Prosecutor seeks to introduce a video that recreates the bullet patterns, and thus refutes defendant’s claim of self-defense in fighting off the knife-wielding victim.
Admit. As long as the science underlying the calculations is sound, and the video accurately represents the expert’s findings, this graphic representation is not unfairly prejudicial or misleading
Defendant is charged with attempted murder of a police officer. Prosecutor wants to introduce evidence that defendant was illegally in the country and subject to deportation to support an inference that their status provided motive for the aggression toward police.
Admit. Here, the defendant’s fear of deportation provided him the motive to shoot the officers who were intent upon taking him into custody.