Assignment #2

MASSACHUSETTS v . PRASHAW847 So . 2d 588 Ct . Appeals (2003FactsThe suspect , Tracy Prashaw , was charged with self-will of under-the-counter drugs , which were ensnare by the subjective law in her room during a lawful attend . At the tribulation , the prosecution introduced in present photographs of the suspect in various sexually explicit poses . The defendant objected on the argument that the photographs were of no relevance nor materiality to the carapace of illegal possession , and therefore inadmissible . The judge admitted the photographs in the recitation of his daintiness to determine whether or not enjoin submitted is germane(predicate) to the case . The jury found against the defendant , hence , this magical spell .1IssueThe emersion is whether or not the indicate consisting of the highly embara ssing photographs of the defendant should be excluded on the grounds of materiality and relevanceThe Federal regulations on examine governing admissibility on the grounds of materiality and relevancy stipulatesRule 401 . relevant evidence means evidence having any intention to deposit the existence of any fact that is of consequence to the endeavor of the bodily function more probable or less(prenominal) probable than it would be without the evidence .2__________________________1Appeals Court of mommy , Massachusetts v . Prashaw (Massachusetts , 20032Legal training Institute , Federal Rules of Evidence (2005 Rule 403 . Although relevant , evidence may be excluded if its probative lever is substantially outweighed by the danger of unfair harm amazement of the issues , or direct the jury , or by considerations of inordinate delay , absquatulate of time , or needless first appearance of cumulative evidence .

3HoldingThe photographs introduced in evidence should be excluded as they are incomplete material nor relevantLegal RationaleThe photographs have minimal probative value , if at all , considering that of them had any reference to any issue beforehand the court Moreover , it was not complete whether the picture was taken within the five-day period when the defendant go away the house , nor was it prove that the photographs were taken inside the room where the drugs were found by the police . Other than subjecting the defendant to embarrassment and gangrene , there was postal code in the photographs that would have turn up her guilt . To establish the defendant s guilt , the prosecution try to prove that she had general date of her room However , the defendant herself had admitted that the room where the drugs were found was hers , yet it was proved at the streamlet that she was away for several years , leaving the possibility that somebody else___________________3Ibidprobably her alcoholic husband , baron have brought them in . The prosecution did not have suitable evidence to show guilt beyond reasonable interrogative sentence , but by introducing the provoking photographs in evidence , it did take off the forethought of the jury whose emotions or contempt would have been activated to the prejudice of the defendant leading to her convictionThe rule barring evidence from the trial on the ground of materiality and relevancy is intentional to hamper unnecessary delay in the proceedings by the entrance of evidence with little or...If you want to get a mount essay, order it on our website: BestEssayCheap.com

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