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The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Section 404 - Character Evidence; Crimes or Other Acts (a)Character Evidence. (1)Prohibited Uses. Evidence of a person's character or a character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait.
The burden is on the Commonwealth to prove beyond a reasonable doubt that the defendant is guilty of the charge(s) made against him (her). What is proof beyond a reasonable doubt? The term is often used and probably pretty well understood, though it is not easily defined.
Under Massachusetts law, a plaintiff may recover for unjust enrichment upon a showing that 1) she conferred a benefit upon the defendant, 2) the defendant accepted that benefit and 3) the defendant's retention of the benefit would be inequitable without payment for its value.
Evid. 401. (a) it has any tendency to make a fact more or less probable than it would be without the evidence and (b) the fact is of consequence in determining the action.
403. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
In Massachusetts, the ?exclusionary rule? requires that a judge throw out, or ?suppress,? evidence against you if the police obtains that evidence when he stops you illegally, searches you illegally, searches your car illegally or enters your home illegally.