In a criminal trial for assault, the prosecution seeks to introduce a photograph taken by a bystander immediately after the incident, showing the victim with visible injuries. The defendant objects, arguing the photograph is unfairly prejudicial. How should the court rule?
- AOverrule the objection, but instruct the jury to disregard any emotional impact from the photograph.
- BSustain the objection, as the photographer is not present to authenticate the photo.
- COverrule the objection, as the photograph is relevant to show the extent of the victim's injuries and its probative value outweighs any unfair prejudice.
- DSustain the objection, as photographs are generally considered cumulative evidence.
Show answer & explanationAnswer & explanation
Correct answer: C. Overrule the objection, as the photograph is relevant to show the extent of the victim's injuries and its probative value outweighs any unfair prejudice.
Relevant evidence, such as a photograph depicting injuries in an assault case, is generally admissible unless its probative value is substantially outweighed by the danger of unfair prejudice. Here, the photograph directly substantiates the harm caused, and its probative value likely outweighs any prejudice.
Why the other options are wrong
- A. While judges may give limiting instructions, the primary issue is whether the evidence is admissible despite the prejudice. If admissible, a limiting instruction might be given, but it's not the ruling on admissibility itself.
- B. Authentication of a photograph does not necessarily require the photographer; any witness familiar with the scene or who can verify its accuracy can authenticate it.
- D. Photographs can be highly probative and are not automatically considered cumulative. Their admissibility depends on their specific content and purpose.
Exclusion of Relevant Evidence
Even if evidence is relevant, a court may exclude it if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
- Probative value must be SUBSTANTIALLY outweighed.
- Prejudice must be UNFAIR, meaning it induces decision on improper basis.
- This rule provides a balancing test for judges (FRE 403).
Memory trick: Relevant? Yes! But does Prejudice PUSH it out?