D. Ohio’s Evid.R. 403
Unlike its federal counterpart, the Ohio evidentiary rule 403 is separated into two sections: (a) mandatory exclusion and (b) discretionary exclusion. Even relevant evidence “is not admissible” when the probative value is substantially outweighed by evidence that (i) is unfairly prejudicial, (ii) confuses the issues, or (iii) misleads the jury. This clear language promulgated by the Ohio rule-makers establishes greater protections for defendants, and strips trial courts of their discretion in certain evidentiary matters. “The underlying premise of the Rule is that certain relevant evidence should not be admitted to the trier of fact where the admission would have an adverse impact upon the effectiveness or integrity of the fact finding process.”
“Logically, all evidence presented by a prosecutor is prejudicial, but not all evidence unfairly prejudices a defendant. It is only the latter that Evid.R. 403 prohibits.” Evidence crosses the threshold of mere prejudice, and becomes unfair and therefore deserving of mandatory exclusion “if the evidence arouses the jury's emotional sympathies, evokes a sense of horror, or appeals to an instinct to punish, the evidence may be unfairly prejudicial. Usually, although not always, unfairly prejudicial evidence appeals to the jury's emotions rather than intellect.”
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Before these cases are mentioned, it is important to note that unlike Ohio—whose state evidentiary rules provide greater protections to defendants—Indiana’s evidence rule 403 has no such variation from the FRE 403. Despite this similarity, Indiana chose to extend Old Chief beyond the realm of felon status, specifically to situations that are functionally equivalent to the issue present in Old Chief. This same reasoning led to a bifurcation requirement when a defendant has been charged as a habitual offender, or other sentencing
The case United States v. Lawson, 2009 WL 1916063 (Ky. 2009) deals extensively with FRE Rule 404(b). In the case four different items of evidence are viewed for admissibility under Rule 404. The case focuses on three co-defendants who are charged with five counts of bribery conspiracy and three counts of conspiracy on construction or repair of state roads and highways. The motion viewed focuses on Nighbert, a co-defendant, and his objections to admitting certain evidence against him under Rule 404(b). The four items are: an FBI report of an alleged conversation Nighbert had with the mayor regarding his son, failed disclosure on financial forms of his ownership of a company, an FBI interview concerning Kentucky road contracts and Nighbert, and a newspaper article regarding the defendant’s property and nearby construction.
Young (internet/ WestLaw: 471846, 2002) further support that the admission of previous convictions that hold prejudice against a party in the case is inadmissible and should not be allowed into testimony. In State v. Young, Devon Young was convicted of felonious assault with weapons specification. The Court of appeals deemed that the admission of Mr. Young’s “prior felony conviction for attempted murder was unduly prejudicial.” The Law Review “Evidence Rule 806 and the Problem of Impeaching the Nontestifying Declarant” 56 Ohio St. L.J. 495 states that the prejudice that arises from the admission of previous crimes into court runs a “significant risk that the jury will not use the evidence of convictions solely to evaluate the defendant’s credibility, but also will use it as evidence of guilt or moral desert.” The same basis applies to Mr. Smith’s case, the admission of Mr. Smith’s online fraud conviction was unduly prejudicial therefore denying Mr. Smith to a fair, accurate
In a court room battle there is another Federal Rule of Evidence that may try to knock a few FRE 403’s out of the way. FRE 404 (b) can sometimes be the golden ticket that can counter hit FRE 403. FRE 404(b) will give a slight loop hole to get that excluded evidence under FRE 403, to be entered into evidence using the rules as found in FRE 404(b). In as much, the FRE 404(b) comes into play when the once excludable evidence may be admitted under this rule labeled as evidence of extrinsic offenses when one side is needing it to prove a point or their case by doing so it would prove, “motive, opportunity, intent preparation, plan, knowledge, identity. In a criminal trial this would be extremely important.
On the 14th of October 2011, Mr Rayney had submitted an application for a trial which only involved a judge without a jury present. This was due Mr. Rayney assuming that a strong bias had been manifested pre-trial as a result of the subjective publicity revolving around the death of his wife, Corryn(The Conversation, 2012). Therefore, the jury and any member of the public would already have preconceived views in favour of Mr Rayney being guilty of murdering his wife. The trial was successful for Mr Rayney where he was acquitted of murdering his wife. Similarly, this issue is somewhat common as it had also occurred in the case Evans v The State of Western Australia [2011] WASCA 182, in which both appellants had made appeals after being convicted for murder.
Is the American Jury System still a Good Idea? In the American Judicial System today, there is a choice between trial by jury or bench trial. Trial by jury is used today by selecting jurors from pools of people who are eligible, adult American citizens. Trial by jury is often controversial because of how the jurors are not professionals whereas in a bench trial, a judge is highly educated in law (Doc B).
The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.
According to “A Defense of the Jury System,” Juries are criticized for deciding cases based on prejudice and emotion rather than relying on the law. Allowing juries to know little about the law to make decisions regarding
The book "Twelve Angry Men" explores the damaging effects of prejudice and its ability to cloud judgment and hinder justice within a jury system. In "Twelve Angry Men," prejudice is a central theme that impedes
The jury deliberation procedure in a homicide trial in New York City is examined in the film Twelve Angry Men. The film explores how prejudice, personal experiences, and emotion may obstruct the American judicial system and how compassion, reason, and logic can safeguard and defend due process. The ideas and or beliefs of prejudice , personal experience, and emotions not only have an impact on today's society but had an impact on a 1950’ s courtroom as well. First the theme of prejudice is very relevant as many of the jurors are more concerned about their personal lives than they are about giving this 16 year old boy a fair trial.
He says the defendant accused of murder was let off and “eight years later they found out that he’d actually done it, anyway” (12). Prejudice clouds a person’s judgement and does not allow the individual to see all the facts. It only allows them to
This may cause the jury to be indecisive between what the actual case and what the media portrays it to be. The amount of media released for cases creates a negative impact within the courts and makes it difficult for a fair trial. When juries are uncertain about a case or a suspect, they result to social media platforms and news coverage that will provide them with more information and depth into the case. ‘’But if the case unfolds in the media, by the time a case gets to court, the supposedly impartial jury (or even the judge) may have already heard information and allegations (not admissible by court standards) that have caused them to seriously prejudice the parties’’. (Nedim, 2014).
41. Mapp v. Ohio (1961): The Supreme Court ruling that decided that the fourth amendment’s protection against unreasonable searches and seizures must be extended to the states. If there is no probable cause or search warrant issued legally, the evidence found unconstitutionally will be inadmissible in the courtroom and not even considered when pressing charges. The exclusionary rule, in this case, is a right that will restrict the states and not just the federal government, including the states in more of the federal rights as outlined in the Constitution.
The exclusionary rule is a lawful principle that the United States use, which expresses that the confirmation that was powerfully utilized by the police can 't be utilized in a criminal trial. The motivation behind why this is done it’s for the security of the established rights. In addition, the exclusionary rule states that in the Fifth Amendment no one "should be denied of life, freedom, or property without due procedure of law." The exclusionary rule additionally expresses that in the Fourth Amendment it is intended to shield residents from unlawful pursuits and seizures. It also applies to the infringement of the Sixth Amendment, which ensures the privilege to counsel.
This is an important element when deciding who the best and worst jurors were. There were no facts as to who was right or wrong because we didn’t see the crime in question. All
In "twelve angry men," we can see how prejudice has its own way with the cloak of justice. Personal prejudice is most strongly evident in the characters of Juror #3 and Juror #10. At the beginning of story, Juror #3 immediately claimed that the case was simple and the defendant’s guilt was obvious. Although he was not a new juror and ought to be experienced