Also known as: unfair prejudice · unfairly-prejudicial · prejudicial evidence
Written by attorneys · grounded in primary & secondary sources — see below
Evidence whose admission would create a substantial risk that the jury will decide the case on an improper basis rather than on the evidence's legitimate probative force. The danger arises when the evidence invites the jury to rely on emotion, propensity reasoning, or other considerations outside the proper scope of the issues at trial. A court excludes the evidence only when that risk substantially outweighs the evidence's probative value.
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Una Unger sued Ultrasonic Dynamics after a crane collapse killed her husband. The defense moved to exclude a video showing the crushed cab and body recovery. The court denied the motion because the footage's probative value on the failure mechanism outweighed any emotional impact on the jury.
Ulysses Usher faced conspiracy charges for a drug importation ring. The government offered evidence of Usher's earlier arrest for possessing the same controlled substance. The court admitted the evidence after finding sufficient proof that the jury could conclude the prior act occurred and that its value on intent outweighed any propensity risk.
Ursula Ung was charged as a felon in possession of a firearm. The government declined her offer to stipulate to the prior felony and sought to introduce the judgment naming the offense as armed robbery. The court excluded the full record because the name and nature of the conviction created unfair prejudice that substantially outweighed its marginal probative value on the status element.
Umar Usmani and Uriel Urban were tried together for bank robbery. The government introduced Urban's post-arrest statement naming Usmani as the getaway driver. The court granted Usmani's severance motion because the statement's admission against Urban would create unfair prejudice to Usmani that limiting instructions could not cure.
Upland Industries faced charges after its manager confessed during police questioning. The trial court allowed the jury to hear the confession before ruling on voluntariness. The appellate court reversed because the procedure created unfair prejudice by letting the jury consider potentially inadmissible evidence before the court determined its constitutional admissibility.
Universal Motors was prosecuted for tax fraud. The prosecutor repeatedly highlighted the defendant's failure to testify during closing argument. The court found the comments created unfair prejudice that violated the defendant's constitutional rights and could not be treated as harmless error on the facts presented.
Evidence is unfairly prejudicial when its probative value is substantially outweighed by the risk that the jury will use it for an improper purpose, such as deciding the case on emotion or propensity rather than on the legitimate issues. The rule requires courts to weigh the evidence's legitimate value against that danger before exclusion.
Supporting sources
A defendant's offer to stipulate to a prior conviction can reduce the probative value of introducing the full record of that conviction. When the only disputed fact is the defendant's status as a felon, the name and nature of the prior offense often create unfair prejudice that substantially outweighs any remaining probative value.
…require additional safeguards. The admission of uncorroborated hearsay statements in conspiracy cases poses a serious risk of unfair prejudice to the defendant. Such statements are often made by witnesses who have a strong motive to lie or exaggerate in order to obtain a better deal from the Government. Without the requirement of…
…F.2d 319. In Judge Hand’s view the limiting instruction, although not really capable of preventing the jury from considering the prejudicial evidence, does as a matter of form provide a way around the exclusionary rules of
…“substantially outweighs [any] prejudicial effect,” Fed. Rule Evid. 703, or “the probative value . . . outweighs the risk of unfair prejudice
…litigant cannot, under Fahy , be conceived of as harmless. Certainly error, constitutional error, in illegally admitting highly prejudicial evidence
…403 provides: " Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice
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Even when uncharged misconduct satisfies the Rule 104(b) conditional-relevance standard, the court must still apply Rule 403. The evidence is admissible only if its probative value on a non-propensity issue is not substantially outweighed by the danger of unfair prejudice.
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Graphic evidence may be excluded when its emotional impact substantially outweighs its probative value on a material fact. Courts balance the evidence's legitimate utility against the risk that jurors will decide the case on the basis of sympathy or revulsion rather than the facts.
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