A motion for limine, or a motion in limine, is a powerful legal tool used in criminal trials to prevent certain evidence or testimony from being introduced during trial. The Latin term, “in limine,” means “at the threshold,” or “on the threshold,” and in legal terms, it refers to a motion made before or at the start of trial. The primary purpose of a motion for limine is to ask the court to rule on the admissibility of evidence before it is introduced to the jury or in front of the judge. By using such motions, attorneys can seek from prejudicing the jury or creating unfair legal disadvantages during trial.
This blog post will explore the purpose, intent, and application of motions for limine within the context of criminal cases, with specific examples of when they might be used to either exclude or include evidence and testimony. Additionally, we will look at case law to illustrate how motions for limine have been utilized and the reasoning behind the decisions.
The Purpose and Intent of a Motion for Limine
In a criminal case, a motion for limine serves two primary purposes:
- To Prevent Prejudicial Evidence: It is crucial that evidence presented to the jury is both relevant and fair. A motion for limine is often used to request the exclusion of evidence or testimony that might be highly prejudicial to the defendant or might unduly sway the jury’s emotions. For example, evidence that introduces a defendant’s prior bad acts, unrelated crimes, or graphic details of the crime scene could be argued as prejudicial, leading to a biased or unfair trial.
- To Clarify the Boundaries of the Trial: Criminal trials are governed by rules of evidence, and motions for limine help define those boundaries. By filing such a motion, attorneys seek to prevent disputes over what can and cannot be introduced, allowing for a smoother trial. This motion can address not only the exclusion of evidence but also the inclusion of certain types of evidence that might be challenged by the opposing side.
Key Aspects of a Motion For Limine
- Timing: A motion for limine is typically filed before the trial begins, and it is designed to address potential issues before they arise in front of the jury. However, it can also be raised during trial if an issue unexpectedly surfaces.
- Pretrial Resolution: The court’s ruling on a motion for limine often resolves key issues before the jury is impaneled, helping the prosecution and defense establish clear guidelines for presenting evidence.
- Discretion of the Judge: Judges have broad discretion when deciding whether to grant or deny a motion for limine. They weigh the probative value of the evidence (how useful it is in proving a fact in the case) against the potential for unfair prejudice.
Types of Evidence That Could Be Excluded Using a Motion for Limine
These are examples of evidence a motion for limine could seek to exclude:
1. Prior Convictions or Bad Acts
In criminal trials, evidence of a defendant’s prior convictions or bad acts is generally not admissible unless it is relevant to a specific issue in the case. For example, a motion for limine could be filed to exclude evidence of a defendant’s prior theft convictions in a case where the defendant is being tried for murder. Such evidence would unfairly bias the jury, leading them to believe that the defendant has a propensity for criminal behavior, which is a violation of the character evidence rule.
In Old Chief v. United States, 117 S.Ct. 644 (1997), the Supreme Court held that evidence of a defendant’s prior conviction for a felony could be excluded under a motion for limine if the risk of unfair prejudice outweighed its probative value. The Court emphasized that even when prior convictions are relevant to prove a crime’s element, they should be excluded it there are alternative, less prejudicial ways to prove the same facts.
2. Unreliable Witness Testimony
A defendant or prosecutor may file a motion for limine to prevent a particular witness from testifying if the witness’s testimony is unreliable or lacks credibility. This can include situations where a witness has a history of giving false testimony, has a personal bias against the defendant, or lacks firsthand knowledge of the facts in question.
In Daubert v. Merrell Dow Pharmaceuticals, 113 S.Ct. 2786 (1993), the U.S. Supreme Court held that trial judges must ensure that scientific testimony presented at trial is both relevant and reliable. This case underscores the necessity of excluding expert testimony that is not based on scientifically viable principles. Motions for limine are often used to challenge such expert testimony before it is presented to the jury.
3. Prejudicial Terminology
Sometimes, a motion for limine is used to prevent the usage of specific words in front of a jury such as “victim,” “defendant,” or “the accused.” In criminal trials, certain terminology can cast a shadow over the defendant before the jury even deliberates. For example, in a sex based case, a prosecutor referring to the accuser as a “victim” can create a premature perception that the defendant is guilty.
In State v. Sperou, 442 P.3d 581 (Or. 2019), the court overturned the defendant’s conviction, holding that the trial court abused its discretion when it denied the defendant’s pretrial motion seeking to exclude the term “victim.” The court found using the term “victim” amounted to impermissible vouching, and was not harmless.
4. Prejudicial Images
In cases involving violent crimes, such as murder, defense attorneys often file motions for limine to exclude graphic images of the crime scene or autopsy photos that might unduly inflame the jury’s emotions. Such images, while potentially relevant, may not be necessary for proving the elements of the case and could only serve to prejudice the jury.
In State v. Roscoe, 184 Ariz. 484 (Ariz. 1996), the Arizona Supreme Court ruled that a three-part inquiry governs the admission of photographs: 1) relevance 2) tendency to incite or inflame the jury and, 3) probative value versus potential to cause unfair prejudice. This balance often results in the exclusion of certain photographs via a motion for limine.
Types of Evidence That Could Be Included Using a Motion for Limine
Motions for limine are not only used to exclude evidence, but can also be used to include evidence that may otherwise be contested by the opposing side. Here are some examples:
1. Victim’s Character
In some criminal cases, especially those involving self-defense claims, a motion for limine could be filed to admit evidence regarding the victim’s character. If the defense argues that the victim had a violent disposition, such evidence might be relevant to show the victim’s potential aggression.
In Tennessee v. Street, 105 S.Ct. 2078 (1985), the Supreme Court upheld the admission of testimony about the victim’s violent nature because it was pertinent to the self-defense claim presented by the defendant.
2. Statements Made by a Co-Defendant
In some situations, a motion for limine could be filed to admit statements made by a co-defendant that are relevant to the case. These statements might be critical in establishing guilt or innocence but could be contested by the other side due to concerns over hearsay.
In Bruton v United States, 88 S.Ct. 1620 (1968), the Court ruled that the admission of a co-defendant’s confession could violate a defendant’s right to cross-examine witnesses, especially in a joint trial. A motion for limine could be used in such cases to exclude or limit the use of such statements.
3. Medical or Forensic Evidence
Motions for limine can also be used to include medical or forensic evidence, particularly when such evidence is critical in establishing the timeline or cause of death in cases like homicide. This could involve DNA testing, ballistics evidence, or the findings of a medical examiner.
In Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), the Supreme Court ruled that forensic lab reports used in a criminal case are considered testimonial, and thus, the defendant has a constitutional right to confront the lab technician who prepared them. A motion for limine might be used to argue for, or against, the inclusion of such evidence based on constitutional grounds.
My Final Thoughts
A motion for limine is a key procedural tool in criminal law, ensuring that trials proceed without unfair prejudice to the defendant. By determining in advance which evidence will be admitted or excluded, this motion helps to focus the trial on relevant facts and prevents the jury from being unduly influenced by irrelevant or prejudicial material. Whether used to exclude inflammatory photographs, prevent the introduction of past bad acts, or challenge the reliability of expert testimony, motions for limine are an essential part of the trial process. For both prosecution and defense, knowing when and how to file a motion for limine is critical to a fair and effective criminal trial.
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