Also known as: undue prejudices · unduly prejudicial · unfair prejudice · prejudicial effect
Written by attorneys · grounded in primary & secondary sources — see below
An evidentiary danger that arises when the probative value of relevant evidence is substantially outweighed by the risk that it will cause the jury to decide the case on an improper basis such as emotion or bias rather than on the evidence's legitimate probative force.
Ugo Uberti stands trial for wire fraud. The government seeks to impeach him with a prior felony conviction for tax evasion. The court weighs whether the conviction's value for testing credibility outweighs the risk that jurors will treat Uberti as a habitual wrongdoer and convict on that basis alone.
Unity Underhill faces charges for distributing methamphetamine. The government offers evidence that she previously sold the same drug to an undercover officer two years earlier. The court evaluates whether the jury could reasonably find she committed the prior act and whether the evidence's value on intent is substantially outweighed by the danger that jurors will convict her simply because she appears to be a drug dealer.
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Ulysses Ulrich sues a manufacturer after a machine malfunction. His expert relies on internal testing reports that would be inadmissible hearsay. The court decides whether the reports' value in helping the jury assess the expert's opinion substantially outweighs the risk that jurors will treat the reports as substantive proof of the machine's defect.
Ulrike Ulrich is prosecuted for possessing a firearm as a felon. She offers to stipulate that she has a prior felony conviction. The government nevertheless seeks to introduce the full judgment showing she was convicted of armed robbery. The court considers whether the detailed record creates unfair prejudice that substantially outweighs its value on the single element of felon status.
Ulysses Usher sues a trucking company after a collision that severed his leg. The plaintiff offers photographs showing the injury at the scene. The court weighs whether the photographs' value in proving the extent of harm is substantially outweighed by the danger that jurors will award damages based on sympathy rather than on the evidence of liability.
Una Unger testifies in a civil contract dispute. The opposing party seeks to impeach her with a thirteen-year-old conviction for perjury. The court examines whether specific facts show that the conviction's value for testing truthfulness substantially outweighs the risk that jurors will discount her testimony simply because of remote misconduct.
Rule 609(a)(1)(B) requires that the probative value of the conviction outweigh its prejudicial effect to the defendant, a standard that places a heavier burden on the proponent than the ordinary Rule 403 test.
Under Rule 703 the proponent may disclose such facts only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.
Introducing the full record of the prior conviction may result in unfair prejudice that substantially outweighs its probative value when the only disputed element is the defendant's status as a felon.
Rule 609(b)(1) requires that the conviction's probative value, supported by specific facts and circumstances, substantially outweigh its prejudicial effect, plus reasonable written notice to the adverse party.
…concluded that there was no abuse of discretion in the District Court's class decertification decisions. In order to avoid unfair prejudice to members of the class of black job applicants, however, the Court of Appeals vacated the portion of the judgment affecting them and remanded with instructions to dismiss those claims…