When a defendant in a criminal defense case goes to trial with a jury, there are rules of Procedure such as rule 403 as to what can and cannot be shown to the members of jury. child endangerment Rule 403 of the criminal procedure deals directly with this issue. The rule states that a trial court may exclude certain relevant pieces of evidence if the introduction of said evidence causes unfair prejudice, confuses the issues, misleads the jury, causes undue delay, wastes time, or needlessly presents cumulative evidence which would weigh any inherent value the introduction of the evidence has. One of the biggest challenges that a defendant faces, especially in a murder case, is that the evidence against them causes the members of the jury to form an unfair prejudice against them. An unfair prejudice essentially causes the members of the jury to act on something other than the law, for example emotions. Pictures of the victim in a murder trial, although relevant, may cause the members of the jury to become so enflamed with emotions that they form opinions about the defendant which are prejudicial in nature.
Fortunately, in criminal defense cases dealing with procedure and rule 403, past courts have given more guidance as to what photos of the victim’s body are and are not allowed to be shown to the jury during the trial phase. sex crimes First, past courts have acknowledged that a criminal homicide trial is, by its very nature, unpleasant. Pictures of the victim are often very brutal and disturbing to anyone who looks at them. However, the courts essentially stated that just because the inherent nature of the photos can cause a prejudice against the defendant, you cannot completely get rid of prejudice and their value often establishes one of the most important elements of a criminal trial, intent, which would outweigh any prejudice it could cause. Although defense attorneys can try to exclude certain photos from being introduced to the jury under Rule 403, it is all most always at the discretion of the trial court and the higher courts will only weigh in if an abuse of that discretion has been made. If you have been accused of a crime and stand trial for that accusation, it is important to have good legal representation that will help you build a defense. The attorneys at the Law Offices of Kelly and Conte are experienced attorneys that will help you get the best possible resolution given the facts of your case.