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Draft a motion in limine to exclude prejudicial evidence in a criminal trial
Introduction
In the context of a criminal trial in Kenya, a motion in limine is a pretrial request that certain evidence be found inadmissible and excluded from the trial. This motion is typically filed to prevent prejudicial, irrelevant, or otherwise inadmissible evidence from being presented to the jury or judge. The goal is to ensure a fair trial by excluding evidence that could unduly influence the trier of fact.
Table of Contents
Introduction
Legal Basis for Motion in Limine
2.1 Constitution of Kenya, 2010
2.2 Evidence Act, Cap 80
Grounds for Exclusion of Prejudicial Evidence
3.1 Relevance
3.2 Prejudice vs. Probative Value
3.3 Hearsay
3.4 Character Evidence
Draft Motion in Limine
4.1 Title and Introduction
4.2 Statement of Facts
4.3 Legal Arguments
4.4 Conclusion and Prayer for Relief
Conclusion
2. Legal Basis for Motion in Limine
2.1 Constitution of Kenya, 2010
Article 50(2)(k): This article guarantees the right to a fair trial, which includes the right to challenge the evidence presented against the accused.
Article 50(4): This article states that evidence obtained in a manner that violates any right or fundamental freedom in the Bill of Rights shall be excluded if the admission of that evidence would render the trial unfair or would otherwise be detrimental to the administration of justice.
2.2 Evidence Act, Cap 80
Section 5: This section provides that evidence must be relevant to be admissible.
Section 63: This section defines hearsay evidence and its general inadmissibility.
Section 34: This section deals with the admissibility of statements made by persons who cannot be called as witnesses.
Section 57: This section restricts the admissibility of character evidence.
3. Grounds for Exclusion of Prejudicial Evidence
3.1 Relevance
Section 5 of the Evidence Act: Only relevant evidence is admissible. Evidence that does not relate to the facts in issue should be excluded.
3.2 Prejudice vs. Probative Value
Section 78 of the Evidence Act: Even if evidence is relevant, it may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury.
3.3 Hearsay
Section 63 of the Evidence Act: Hearsay evidence is generally inadmissible unless it falls within one of the recognized exceptions.
3.4 Character Evidence
Section 57 of the Evidence Act: Evidence of a person's character is generally inadmissible to prove that they acted in conformity with that character on a particular occasion, except in specific circumstances.
4. Draft Motion in Limine
4.1 Title and Introduction
IN THE HIGH COURT OF KENYA AT [LOCATION]
CRIMINAL CASE NO. [CASE NUMBER]
REPUBLIC
v.
[DEFENDANT'S NAME]
MOTION IN LIMINE TO EXCLUDE PREJUDICIAL EVIDENCE
4.2 Statement of Facts
Introduction: The Defendant, [Defendant's Name], is charged with [specific charges].
Prejudicial Evidence: The Prosecution intends to introduce evidence that [describe the evidence], which the Defendant contends is prejudicial and should be excluded.
4.3 Legal Arguments
Relevance:
Pursuant to Section 5 of the Evidence Act, the evidence in question is not relevant to the facts in issue. It does not make any fact of consequence more or less probable.
Prejudice vs. Probative Value:
Under Section 78 of the Evidence Act, even if the evidence is deemed relevant, its probative value is substantially outweighed by the danger of unfair prejudice. The evidence is likely to inflame the jury and distract from the main issues of the case.
Hearsay:
According to Section 63 of the Evidence Act, the evidence constitutes hearsay and does not fall within any of the recognized exceptions. Therefore, it should be excluded.
Character Evidence:
As per Section 57 of the Evidence Act, the evidence is inadmissible character evidence. It is being used to suggest that the Defendant has a propensity to commit crimes, which is not permissible.
4.4 Conclusion and Prayer for Relief
WHEREFORE, the Defendant respectfully requests that this Court grant the Motion in Limine and exclude the prejudicial evidence described above from being introduced at trial.
DATED at [Location] this [Date] day of [Month], [Year].
[DEFENDANT'S LAWYER'S NAME]
[LAW FIRM'S NAME]
[ADDRESS]
[CONTACT INFORMATION]
5. Conclusion
A motion in limine is a crucial tool in ensuring a fair trial by excluding evidence that is prejudicial, irrelevant, or otherwise inadmissible. By grounding the motion in the relevant provisions of the Constitution of Kenya, 2010, and the Evidence Act, Cap 80, the defense can effectively argue for the exclusion of such evidence. This ensures that the trial proceeds on the basis of admissible and relevant evidence, thereby upholding the principles of justice and fairness.
This draft motion in limine is designed to be a comprehensive and legally sound document that can be tailored to the specific circumstances of a criminal case in Kenya. It is essential to consult with a qualified legal professional to ensure that all procedural and substantive requirements are met.
Answered by mwakili.com