Massachusetts Motion to Bar Prejudicial and Inaccurate Speculation Concerning Defendant's Possible Eligibility for Parole
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FAQ
Evidence that a third party committed the crimes charged against the defendant, or had the motive, intent, and opportunity to commit the crimes, is admissible provided that the evidence has substantial probative value.
"The best evidence rule provides that, where the contents of a document are to be proved, the party must either produce the original or show a sufficient excuse for its nonproduction.
Third party evidence is evidence which is obtained from someone other that the accused or the complainant. It is vital that we, as defence solicitors, obtain as much third party evidence in favour of the defendant as possible.
Evid. 702, reflects Massachusetts common law. The proponent of expert testimony must establish the foundational requirements for admissibility, and the judge, as the ?gatekeeper? of the evidence, must make a threshold determination that those requirements have been met before the testimony goes to the jury.
224, 230 (1992); Section 403, Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons (relevant evidence may be excluded if its probative value is substantially outweighed by the risk of unfair prejudice, confusion, etc.).