Evidence is a feature in all criminal cases. If the prosecution lacks evidence, then a case may be dismissed before trial. When the prosecution believes that the evidence points to guilt beyond all reasonable doubt, then a trial will take place should the defendant plead not guilty.
The Sixth Amendment of the U.S. Constitution guarantees all defendants the right to a fair trial. This means that evidence cannot be prejudicial. What is prejudicial evidence?
Graphic material
Some crimes are extremely violent. In these cases, the prosecution may use graphic photos of the crime scene and the victim. Nonetheless, graphic pictures should only be used when absolutely necessary and when they have probative value. Should graphic photos be produced purely to try and turn the jury against the defendant, this could be prejudicial. All evidence produced must be relevant to the charges at hand.
Expert testimony
In many cases, expert witness testimony is used. This could be statements from a doctor, psychologist or forensic scientist. When such evidence is produced, it must be relevant (have probative value). Expert testimony that is irrelevant and contains confusing jargon could be deemed prejudicial and inadmissible in court.
Other types of prejudicial evidence include:
- Evidence obtained via unlawful searches
- The use of past criminal convictions instead of the current case
- Unfair assumptions about the mental health of the defendant
Prejudicial evidence can be challenged in court. Remember, you are presumed innocent until proven guilty and must receive a fair trial. If you have been charged, then it is essential to seek the appropriate legal guidance.
