Ask a lawyer:
Draft a motion in limine to exclude prejudicial evidence in a criminal trial
Motion in Limine to Exclude Prejudicial Evidence
Table of Contents
Introduction
Background
Argument 3.1. Prejudicial Evidence 3.2. Balancing Probative Value and Prejudicial Effect
Relief Sought
Conclusion
Introduction
This Motion in Limine is brought by the Defendant, [Defendant's Name], in the matter of [Case Name], before the Honourable Court. The Defendant respectfully requests the Court to issue an order excluding certain evidence from being presented at trial, as such evidence is unduly prejudicial and would unfairly influence the jury.
Background
The Defendant is charged with [Charge]. The State intends to introduce evidence at trial that is highly prejudicial and irrelevant to the issues in this case. This evidence is likely to inflame the passions of the jury and lead to a verdict based on emotion rather than the evidence presented.
Argument
3.1. Prejudicial Evidence
The evidence that the Defendant seeks to exclude includes [List of evidence]. This evidence is prejudicial because it is likely to:
Arouse the jury's emotions: The evidence is likely to evoke strong emotional responses from the jury, such as anger, fear, or disgust, which could cloud their judgment and lead to a biased verdict.
Create a negative impression of the Defendant: The evidence is likely to create a negative impression of the Defendant in the minds of the jury, even if it is not directly related to the charges against them.
Distract the jury from the real issues in the case: The evidence is likely to distract the jury from the real issues in the case, such as the elements of the crime and the Defendant's guilt or innocence.
3.2. Balancing Probative Value and Prejudicial Effect
Under Kenyan law, evidence is admissible if its probative value outweighs its prejudicial effect. [Section 143 of the Evidence Act, Cap 80, Laws of Kenya] This means that the evidence must be relevant to the issues in the case and its probative value must outweigh the risk of unfair prejudice to the Defendant.
In this case, the evidence that the Defendant seeks to exclude has little probative value. It is not directly relevant to the charges against the Defendant and does not provide any meaningful insight into the Defendant's guilt or innocence. However, the evidence is highly prejudicial and is likely to have a significant negative impact on the jury's perception of the Defendant.
[Section 143 of the Evidence Act, Cap 80, Laws of Kenya] states that the court may exclude evidence if its probative value is outweighed by its prejudicial effect. The court must consider the following factors when making this determination:
The nature of the evidence: The more inflammatory or sensational the evidence, the more likely it is to be prejudicial.
The strength of the State's case: If the State has a strong case, the court may be more willing to admit prejudicial evidence.
The likelihood of prejudice: The court must consider the likelihood that the evidence will unfairly prejudice the jury.
The availability of alternative evidence: If the State can present its case without using the prejudicial evidence, the court may be more likely to exclude it.
In this case, the evidence that the Defendant seeks to exclude is highly inflammatory and has little probative value. The State has other evidence that it can use to prove its case, and the likelihood of prejudice to the Defendant is high. Therefore, the Defendant respectfully requests the Court to exclude this evidence from being presented at trial.
Relief Sought
WHEREFORE, the Defendant respectfully requests the Court to grant the following relief:
Issue an order excluding the evidence listed above from being presented at trial.
Grant any other relief that the Court deems just and equitable.
Conclusion
The Defendant believes that the evidence in question is unduly prejudicial and would unfairly influence the jury. The Defendant respectfully requests the Court to exclude this evidence from being presented at trial to ensure a fair and impartial trial.
Dated this [Date] day of [Month], [Year].
[Signature]
[Name of Counsel]
[Bar Number]
[Address]
[Email Address]
[Phone Number]
Answered by mwakili.com