In a criminal trial for arson, the prosecution seeks to introduce a photograph taken by a firefighter at the scene, showing the defendant's distinctive lighter fluid can next to a charred wall. The defendant objects, arguing that the photograph is overly prejudicial. The court notes that the photograph is indeed gruesome due to the extent of the damage. What is the most appropriate standard for the court to apply when deciding whether to admit the photograph?
- AThe photograph is admissible because all relevant evidence is admissible.
- BThe photograph is admissible only if no other less prejudicial evidence exists to prove the same fact.
- CThe photograph is inadmissible because it is cumulative of other evidence.
- DThe photograph is admissible if its probative value is not substantially outweighed by the danger of unfair prejudice.
Show answer & explanationAnswer & explanation
Correct answer: D. The photograph is admissible if its probative value is not substantially outweighed by the danger of unfair prejudice.
Under FRE 403, relevant evidence may be excluded if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. This is the standard balancing test for potentially prejudicial but relevant evidence.
Why the other options are wrong
- A. FRE 402 states relevant evidence is generally admissible, but FRE 403 provides crucial exceptions for exclusion.
- B. The 'least prejudicial' standard is not the correct test under FRE 403; the rule is about whether the probative value is *substantially outweighed* by unfair prejudice, not about finding the absolute least prejudicial alternative.
- C. While cumulative evidence can be excluded under FRE 403, the primary objection here is prejudice, and the facts don't state it's cumulative.
Exclusion of Relevant Evidence (FRE 403)
The court may exclude relevant evidence 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* for exclusion.
- Unfair prejudice means an undue tendency to suggest decision on an improper basis.
- Favors admission, as the threshold for exclusion is high.
- Applies to all types of relevant evidence, including photographs.
Memory trick: Relevant Evidence Is Admissible, Unless Substantially Outweighed.