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To: quidnunc

From the article
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Under Section 137 of the Evidence Act 1995 "the court must refuse to admit evidence adduced by the prosecutor if its probative value is outweighed by the danger of unfair prejudice to the defendant."

What that means, is if the a single piece of evidence is so overpowering it would sway a jury from giving a fair trial, it cannot be used.

Unfair prejudice is deemed to be "if there is a real risk that the evidence will be misused by the jury in some unfair way".




I guess this is what is coming for us....


15 posted on 03/12/2005 1:49:48 PM PST by Principled
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To: Principled
"What that means, is if the a single piece of evidence is so overpowering it would sway a jury from giving a fair trial, it cannot be used.:

I guess the Atlanta killer should go free now? There is no doubt that he killed 4 people. Isn't that compelling enough?

32 posted on 03/12/2005 2:23:05 PM PST by dvan
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To: Principled

This is an example of post-modernism run amok.


33 posted on 03/12/2005 2:28:12 PM PST by Wilhelm Tell
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