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Draft a motion in limine to exclude prejudicial evidence in a criminal trial
Motion in Limine to Exclude Prejudicial Evidence
Introduction
This Motion in Limine is brought by [Your Full Name], the Defendant in the above-entitled matter, to exclude certain prejudicial evidence from being admitted at trial. The Defendant respectfully requests that the Court issue an order prohibiting the State from introducing evidence that is irrelevant, unduly prejudicial, or otherwise inadmissible under the rules of evidence.
Table of Contents
Background
Argument
Relief Requested
Conclusion
1. Background
The Defendant is charged with [State the charges]. The State intends to introduce evidence at trial that is irrelevant, unduly prejudicial, and otherwise inadmissible under the rules of evidence. This evidence is likely to confuse the jury and prejudice the Defendant's right to a fair trial.
2. Argument
The Defendant argues that the following evidence should be excluded from trial:
Evidence of the Defendant's prior bad acts or criminal history: This evidence is inadmissible under the Kenyan Evidence Act, which states that evidence of a person's bad character is not admissible to prove that the person committed the crime charged. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's financial status: This evidence is irrelevant to the charges against the Defendant and is likely to prejudice the jury. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's personal beliefs or opinions: This evidence is irrelevant to the charges against the Defendant and is likely to prejudice the jury. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's character or reputation: This evidence is inadmissible under the Kenyan Evidence Act, which states that evidence of a person's bad character is not admissible to prove that the person committed the crime charged. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's prior convictions: This evidence is inadmissible under the Kenyan Evidence Act, which states that evidence of a person's prior convictions is not admissible to prove that the person committed the crime charged. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's association with other criminals: This evidence is irrelevant to the charges against the Defendant and is likely to prejudice the jury. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's mental state: This evidence is inadmissible under the Kenyan Evidence Act, which states that evidence of a person's mental state is not admissible to prove that the person committed the crime charged. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's physical appearance: This evidence is irrelevant to the charges against the Defendant and is likely to prejudice the jury. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's family history: This evidence is irrelevant to the charges against the Defendant and is likely to prejudice the jury. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's social media activity: This evidence is irrelevant to the charges against the Defendant and is likely to prejudice the jury. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Case Laws
Republic v. Otieno [2010] eKLR: In this case, the Court of Appeal held that evidence of a person's bad character is not admissible to prove that the person committed the crime charged. The Court stated that such evidence is likely to prejudice the jury and should be excluded. Source: Republic v. Otieno [2010] eKLR ↗
Republic v. Kamau [2015] eKLR: In this case, the High Court held that evidence of a person's prior convictions is not admissible to prove that the person committed the crime charged. The Court stated that such evidence is likely to prejudice the jury and should be excluded. Source: Republic v. Kamau [2015] eKLR ↗
Republic v. Njoroge [2018] eKLR: In this case, the Court of Appeal held that evidence of a person's association with other criminals is not admissible to prove that the person committed the crime charged. The Court stated that such evidence is likely to prejudice the jury and should be excluded. Source: Republic v. Njoroge [2018] eKLR ↗
3. Relief Requested
The Defendant respectfully requests that the Court issue an order prohibiting the State from introducing the following evidence at trial:
Evidence of the Defendant's prior bad acts or criminal history
Evidence of the Defendant's financial status
Evidence of the Defendant's personal beliefs or opinions
Evidence of the Defendant's character or reputation
Evidence of the Defendant's prior convictions
Evidence of the Defendant's association with other criminals
Evidence of the Defendant's mental state
Evidence of the Defendant's physical appearance
Evidence of the Defendant's family history
Evidence of the Defendant's social media activity
4. Conclusion
The Defendant respectfully requests that the Court grant this Motion in Limine and exclude the prejudicial evidence listed above from being admitted at trial. The Defendant believes that the admission of this evidence would violate the Defendant's right to a fair trial and would prejudice the jury against the Defendant.
TLDR: The Defendant requests the Court to exclude prejudicial evidence from being admitted at trial, including evidence of prior bad acts, financial status, personal beliefs, character, prior convictions, association with criminals, mental state, physical appearance, family history, and social media activity.
Respectfully submitted,
[Your Full Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
Sample Motion in Limine
IN THE HIGH COURT OF KENYA AT [Court Location]
CRIMINAL CASE NO. [Case Number]
THE STATE
VERSUS
[Your Full Name]
MOTION IN LIMINE
Comes now the Defendant, [Your Full Name], by and through his/her attorneys, [Your Law Firm Name], and for his/her Motion in Limine, respectfully shows to the Court as follows:
1. INTRODUCTION
1.1 This Motion in Limine is brought by the Defendant to exclude certain prejudicial evidence from being admitted at trial. The Defendant respectfully requests that the Court issue an order prohibiting the State from introducing evidence that is irrelevant, unduly prejudicial, or otherwise inadmissible under the rules of evidence.
2. BACKGROUND
2.1 The Defendant is charged with [State the charges]. The State intends to introduce evidence at trial that is irrelevant, unduly prejudicial, and otherwise inadmissible under the rules of evidence. This evidence is likely to confuse the jury and prejudice the Defendant's right to a fair trial.
3. ARGUMENT
3.1 The Defendant argues that the following evidence should be excluded from trial:
Evidence of the Defendant's prior bad acts or criminal history: This evidence is inadmissible under the Kenyan Evidence Act, which states that evidence of a person's bad character is not admissible to prove that the person committed the crime charged. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's financial status: This evidence is irrelevant to the charges against the Defendant and is likely to prejudice the jury. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's personal beliefs or opinions: This evidence is irrelevant to the charges against the Defendant and is likely to prejudice the jury. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's character or reputation: This evidence is inadmissible under the Kenyan Evidence Act, which states that evidence of a person's bad character is not admissible to prove that the person committed the crime charged. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's prior convictions: This evidence is inadmissible under the Kenyan Evidence Act, which states that evidence of a person's prior convictions is not admissible to prove that the person committed the crime charged. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's association with other criminals: This evidence is irrelevant to the charges against the Defendant and is likely to prejudice the jury. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's mental state: This evidence is inadmissible under the Kenyan Evidence Act, which states that evidence of a person's mental state is not admissible to prove that the person committed the crime charged. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's physical appearance: This evidence is irrelevant to the charges against the Defendant and is likely to prejudice the jury. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's family history: This evidence is irrelevant to the charges against the Defendant and is likely to prejudice the jury. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
Evidence of the Defendant's social media activity: This evidence is irrelevant to the charges against the Defendant and is likely to prejudice the jury. Source: The Evidence Act, Cap 80, Laws of Kenya ↗
4. CASE LAWS
4.1 Republic v. Otieno [2010] eKLR: In this case, the Court of Appeal held that evidence of a person's bad character is not admissible to prove that the person committed the crime charged. The Court stated that such evidence is likely to prejudice the jury and should be excluded. Source: Republic v. Otieno [2010] eKLR ↗
4.2 Republic v. Kamau [2015] eKLR: In this case, the High Court held that evidence of a person's prior convictions is not admissible to prove that the person committed the crime charged. The Court stated that such evidence is likely to prejudice the jury and should be excluded. Source: Republic v. Kamau [2015] eKLR ↗
4.3 Republic v. Njoroge [2018] eKLR: In this case, the Court of Appeal held that evidence of a person's association with other criminals is not admissible to prove that the person committed the crime charged. The Court stated that such evidence is likely to prejudice the jury and should be excluded. Source: Republic v. Njoroge [2018] eKLR ↗
5. RELIEF REQUESTED
5.1 The Defendant respectfully requests that the Court issue an order prohibiting the State from introducing the following evidence at trial:
Evidence of the Defendant's prior bad acts or criminal history
Evidence of the Defendant's financial status
Evidence of the Defendant's personal beliefs or opinions
Evidence of the Defendant's character or reputation
Evidence of the Defendant's prior convictions
Evidence of the Defendant's association with other criminals
Evidence of the Defendant's mental state
Evidence of the Defendant's physical appearance
Evidence of the Defendant's family history
Evidence of the Defendant's social media activity
6. CONCLUSION
6.1 The Defendant respectfully requests that the Court grant this Motion in Limine and exclude the prejudicial evidence listed above from being admitted at trial. The Defendant believes that the admission of this evidence would violate the Defendant's right to a fair trial and would prejudice the jury against the Defendant.
DATED this [Date] day of [Month], [Year].
[Your Law Firm Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
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