Rule 403 provides that “[a]lthough relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice . . . needless presentation of cumulative evidence,” or other factors. There’s considerable case law about the application of Rule 403 to photographs of homicide victims. A recent case from the Third Circuit raises important questions about how Rule 403 applies in child pornography cases. A short summary of United States v. Cunningham is as follows. An officer determined that a computer at a particular IP address was sharing child pornography over a peer-to-peer network. The officer traced the IP address to a particular residence, then obtained and executed a search warrant for the home. The defendant and his two siblings lived there. The only computer, which contained a substantial amount of child pornography, was in the defendant’s room. The defendant admitted searching for, downloading, and saving child pornography on the computer. He was charged in federal court with child pornography offenses. Notwithstanding his confession, the defendant pled not guilty. Prior to trial, he offered to stipulate that the materials obtained by the officer through the peer-to-peer network and from the computer were child pornography. His defense was that someone else used the computer to commit the crimes. He filed several pretrial motions asking the judge to limit, under Rule 403, the amount of child pornography the government could show to the jury. The judge, without viewing the evidence, required the government to disable audio on any video [...]
Faculty Coordinators
