Massachusetts Motion to Bar Admission of Inflammatory and Prejudicial Matters Concerning the Victim

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US-00792
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This Motion to Bar Admission of Inflammatory and Prejudicial Matters Concerning the Victim is filed because victim impact evidence is not relevant to the issues before the jury at the penalty phase. This Motion can be used as a sample in any state.
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  • Preview Motion to Bar Admission of Inflammatory and Prejudicial Matters Concerning the Victim
  • Preview Motion to Bar Admission of Inflammatory and Prejudicial Matters Concerning the Victim
  • Preview Motion to Bar Admission of Inflammatory and Prejudicial Matters Concerning the Victim
  • Preview Motion to Bar Admission of Inflammatory and Prejudicial Matters Concerning the Victim
  • Preview Motion to Bar Admission of Inflammatory and Prejudicial Matters Concerning the Victim

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FAQ

So, both federal and Massachusetts courts have developed the ?exclusionary rule,? which provides generally that unlawfully obtained evidence must be suppressed from use in a criminal case.

Evid. 1102. A judge has the discretion to impose sanctions for the spoliation or destruction of evidence, whether negligent or intentional, in the underlying action in which the evidence would have been offered.

Character Evidence; Crimes or Other Acts (a) Character Evidence. (1) Prohibited Uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait.

224, 230 (1992); Section 403, Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons (relevant evidence may be excluded if its probative value is substantially outweighed by the risk of unfair prejudice, confusion, etc.).

408] pertaining to statements made during negotiations . . ."). "This rule is founded in policy, that there may be no discouragement to amicable adjustment of disputes, by a fear, that if not completed, the party amicably disposed may be injured" (quotation and citation omitted).

"The best evidence rule provides that, where the contents of a document are to be proved, the party must either produce the original or show a sufficient excuse for its nonproduction.

Section 404: Misleading Filings It is unlawful for any person to make or cause to be made, in any document filed with the secretary or in any proceeding under this chapter, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect.

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Massachusetts Motion to Bar Admission of Inflammatory and Prejudicial Matters Concerning the Victim