Probative value, and countervailing adverse effects, of evidence
Probative value, and countervailing adverse effects, of evidence are a concern in some trials.
Federal Rule of Evidence 403 states, "The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence."[1]
This can become an issue during some child pornography cases.[2] In any case in which Rule 403 is invoked, it is appropriate for a trial lawyer to ask the judge to provide a statement on the record that explicates the court's analysis of probative value and the countervailing adverse effect.[3]
Some defendants seek to stipulate to certain facts, in order to avoid the need for evidence of those facts to be presented to the jury. This is sometimes not allowed if it would rob the evidence of its fair and legitimate weight, or upset jurors' expectations, leading them to wonder what they are being kept from knowing.[4]
