Digital Commons Network^™

Preserving The Right To A Fair Trial An Examination Of The Prejudicial Value Of Visual And Auditory Evidence In The Context Of A Criminal Case, Emily Edwards

HIM 1990-2015

Federal Rule of Evidence 403 requires evidence's probative value to substantially outweigh its prejudicial value for the evidence to be admitted. To date, courts have opinioned that photographic evidence holds low prejudicial impact and rarely render court proceedings unfair (Futch v. Dugger, 1989). The present study sought to empirically investigate this issue. In a 2 (Auditory Present/Auditory Absent) x 3 (Graphic Photo/Neutral Photo/No Photo) factorial design, 300 participants reviewed case materials from a recent murder case and provided information concerning their verdict decision. Emotional state data was also collected prior to and following review of the case materials via the …