Assume that the prosecution in the murder trial of a mother offered as evidence postmortem photographs of the young child, who died from child abuse, as well as video showing the child's mother participating in sadomasochistic sexual acts. You acting as the defense counsel objects to the introduction of both the photographs and the video. How would you argue to exclude such evidence?
Some other attorneys may try to answer this but in my opinion telling you the arguments is not going to help as I cannot teach you to be a criminal defense lawyer over the internet. Please contact an experienced criminal defense attorney in your area
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Yup.....get yourself a lawyer....and if you cannot afford one and you are a defendant you are entitled to the lawyers.
There are so many different reasons to object to the admission of photos depending on a million different variables. You need to hire a lawyer ASAP to protect your rights and liberty.
I agree this reads like an exam question. Photographs could be excluded on grounds that they are unfairly prejudicial because they are too gruesome, cumulative of other evidence, etc. The video could be irrelevant to the charge or deemed inadmissible "bad character" or "prior bad acts" evidence. These are just a few of the many possible objections available under the Florida Evidence Code. Good luck!
You need to study the rules of evidence as all of us criminal defense attorneys have done for many years. Just one of the things we have learned is that evidence should not be viewed by the jury if the prejudice that it creates outweighs the probative value. We are not here, by the way, to help you with your homework or in writing a paper. Do the actual work yourself instead of looking for shortcuts.
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There are a million arguments to keep out pictures that an experienced criminal defense attorney can forward for a murder defendant. Sadomasochistic video's if unrelated to cause or manner of death - again an issue to be argued by a seasoned trial lawyer. Don't play lawyer at home. Make sure that you secure an experienced trial lawyer to represent her, and if she is represented by the public defender's office, stay out of their way. The input of an armchair defense attorney is never welcomed when an attorney is trying to do everything they can to save someone from the machine that is the State of Florida.
A regular objection to graphic photographs are they are excessively prejudicial. All evidence is prejudicial, but some evidence is excessive prejudicial. Another tactic that some attorneys have attempted is to move the Court to limit the amount of photos introduced, by asking the Judge to limit to a handful of photographs.
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