Prejudicial Evidence

Example

A woman is on trial for murdering her nine-year-old daughter. The prosecution seeks to admit into evidence graphic photos of the daughter’s corpse. This evidence will likely be deemed prejudicial, as the shocking photos will likely elicit feelings of anger that will prejudice the jury against the woman.

Case Examples

• Definition: The key when examining prejudicial evidence is not whether the evidence itself is prejudicial to the defendant but whether it is unfairly prejudicial. This test is particularly important as all evidence against the defendant can be considered prejudicial by its very nature. The definition of unfair prejudice is “an undue tendency to suggest a decision on an improper basis, including evidence which is so inflammatory on its face as to divert the jury's attention from the material issues in the trial”. United States v. Patterson, 68 F.4th 402, 416 (8th Cir. 2023) (internal citations omitted). In Patterson, the defendant Patterson argued that the prosecution's inclusion of a homemade cell phone video where he was singing anti-law enforcement lyrics, using profanity, mentioning that the police took a firearm away from him, and that he had at least one more in his possession was unfairly prejudicial. He claimed the video was unfairly prejudicial as he was being charged with gun-related charges. The Court disagreed, finding that the video was not unfairly prejudicial because it did not distract the jury from the issues in the case.
• Opening the door: Even if evidence would otherwise be considered unfairly prejudicial, it can be introduced by the prosecution if the defendant presents the evidence first when testifying in their own defense. See United States v. Pierson, 544 F.3d 933, 940 (8th Cir. 2008). In Pierson, the defendant raised his prior conviction during his testimony. Therefore, although prior convictions are generally considered unfairly prejudicial to defendants, the prosecution was allowed to introduce evidence of his prior conviction as part of its case.
• Unfairly prejudicial evidence in civil contexts: Although unfairly prejudicial evidence is generally discussed in the criminal context, it can arise in civil trials as well. For example, in Verdin v. BP Corp. N. Am., No. CIV.A. 06-0116, 2006 WL 5127552, at *1 (E.D. La. Dec. 6, 2006), Verdin, an ex-employee of the B.P. Corporation, sued the B.P. Corporation for workers’ compensation. The B.P. Corporation sought to introduce evidence of Verdin’s attorney’s advertising as part of the case, claiming it was unfairly prejudicial. The Court agreed and excluded the evidence.