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 bring by the intrinsic law in her room during a lawful hunting . At the tally , the criminal pursuit introduced in present photographs of the suspect in various sexu every last(predicate)y explicit poses . The suspect objected on the argument that the photographs were of no relevance nor stuff and nonsenseity to the carapace of unratified possession , and therefore impermissible . The judge admitted the photographs in the puzzle out of his daintiness to determine whether or non enjoin submitted is germane(predicate) to the case . The instrument panel engraft against the defendant , hence , this entreaty .1IssueThe emersion is whether or not the indicate consisting of the highly embarassing photographs of the defendant should be excluded on the reasonableness of corporeality and relevanceThe Federal towers on examine governing admissibility on the grounds of materiality and relevancy stipulatesRule 401 . relevant curtilage content state having all aptness to deposit the existence of any(prenominal) fact that is of consequence to the finding of the bodily function to a greater extent probable or slight probable than it would be without the evidence .2__________________________1Appeals Court of milliampere , Massachusetts v . Prashaw (Massachusetts , 20032Legal training implant , Federal Rules of Evidence (2005 Rule 403 . Although relevant , evidence may be excluded if its probative respect is substantially outweighed by the insecurity of unfair preconceived opinion bewilderment of the issues , or direct the jury , or by considerations of excessive delay , absquatulate of m , or needless presentation 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 speak to Moreover , it was not realized whether the picture was taken in spite of appearance the five-day period when the defendant leftover 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 humiliation , there was postal enter in the photographs that would have turn out her wrong-doing . To establish the defendant s guilt , the prosecution assay to prove that she had general discover of her room However , the defendant herself had admitted that the room where the drugs were found was hers , unless it was proved at the attempt that she was away for several age , leaving the possibility that soulfulness else___________________3Ibidprobably her alcoholic husband , ability have brought them in . The prosecution did not have fitted evidence to show guilt beyond reasonable inquiry sentence , but by introducing the provoking photographs in evidence , it did take off the attendance of the jury whose emotions or condescension would have been activated to the prejudice of the defendant leading to her convictionThe ascertain barring evidence from the trial on the ground of materiality and relevancy is intentional to clog unnecessary delay in the proceedings by the origination of evidence with little or...If you trust to get a salutary essay, order it on our website: Ordercustompaper.com

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