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Comments - Effect on the Listener

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This blurb should be in every trial lawyer's briefcase. How often have we heard a prosecutor say, "Judge, we're offering this information to give the jury a complete picture, to show why the officer did what he did"? Usually, the true reason for the testimony is: to blacken character of the defendant, or imply there is additional evidence the DA just can't share with the jury. "A police officer's state of mind is seldom relevant to an issue in a criminal case," citing Justice De Muniz, is a good comeback. Probably good to ask for 403 balancing too.