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Benchmark Motion in LImine

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Benchmark Motion in LImine

Category: Coursework

Subcategory: Criminal law

Level: College

Pages: 1

Words: 275

Motion in Limine Relating Exclusion of Photos from Evidence
Ms. Smith through her lawyers, John Jameson, Esq, would like to file a motion in limine to request the court preclude evidence relating to sensitive photos of the defendant’s children which would have been used as evidence of alleged sexual molestation of the children.
Facts of the case
The defendant has been accused of sexual molestation of her children, named Jonathan and Mindy. She, of course, denies these allegations, though the prosecution, via the Maricopa County prosecuting attorney, Mr. Craig Lawford has revealed the prosecution’s intention to issue nude photos of the children taken by Ms. Smith as evidence of alleged sexual molestation.
The Arizona Revised Statute 13- 1425 maintains that it is unlawful to disclose of images showing states of nudity or particular sexual activities which means it is not protocoled to disclose these photos of the children in a court of law as an argument toward the guilt of the plaintiff (Hamp, 2016).
The evidence to be presented is being taken out of context as parents have taken photos of their children innocently and kept them. In this era of social media, photos which are sensitive can easily be misconstrued and spread depending on how the public decides to feel about them (Taprial & Kanwar, 2012). Unfortunately, public opinion is becoming more credible as compared to the legal argument but this is not the way the law should work (Silverman, 20…

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