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A jury is a sworn body of citizens convened to render an impartial verdict (i.e. decision) based on the evidence presented before it. A jury has both the power to acquit (not guilty) on a charge, and also to convict (guilty). In civil cases, the equivalent is to find the defendant liable or not liable. The U.S. Constitution guarantees the right to a jury trial in all criminal and civil cases. This article explains in layman’s terms what is meant by “excluded evidence” and what to do when it is excluded from a jury.

Burdick v. York Oil Co., 364 S.W.2d 766 (Tex.Civ.App. – San Antonio 1963, writ ref’d n.r.e.)

Legal Terms

Admissibility

The evidence is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice to any party.

Inadmissible Evidence

The judge may decide that the evidence is inadmissible. This means that the jury will not be allowed to hear the evidence.

Rules of Evidence

In common law legal systems, evidence is divided into two types: admissible evidence and inadmissible evidence. Evidence that is not admissible cannot be used against the defendant. In Texas trials, both sides are allowed to ask the court for certain evidence to be excluded from the jury. This is called “exclusion of evidence”. A motion in limine is used to exclude evidence that a party anticipates will be presented to the court and may be prejudicial to a defendant.

The Legal Case

Facts & Procedural History

Hope A. Burdick (Plaintiff) was in a car accident where the driver of York Oil Company (Defendant) ran into the rear end of Plaintiff’s car, causing her to experience neck injuries. The trial court ruled for the Defendant, and the Plaintiff appealed.

The Plaintiff’s main argument was that the defense included improper subjects into the jury trial. Prior to the trial court hearing evidence, Plaintiff motioned for the exclusion of evidence in Veteran Administration (VA) Records, which the trial court obliged because Defendants failed to overcome the requirements of the federal statute. However, the defense counsel questioned the Plaintiff about the VA records and repeatedly attacked the privilege by accusing Plaintiff of hiding information from the jury, which destroyed the privilege’s protection.

To justify their conduct, Defendant’s counsel stated that Plaintiff’s counsel engaged in inappropriate conduct (incorrectly stating Defendant had been threatened with jail time in Houston and by comparing the defendant’s counsel’s tactics to Kruschev). The Court of Appeals condemned the remarks, but it said that such remarks did not remedy the record. The Court reversed and remanded the judgment of the trial court, holding that the presentation of lawfully excluded material to a jury is an error that the court must instruct the jury to disregard. The judge must enforce his/her rulings and impose consequences when they are violated.

Main Considerations

What happens when lawfully excluded evidence is presented before a jury? When a court has ruled to exclude anticipated evidence, the evidence should not be offered again before a jury. So long as the judge permits him/her to do so, counsel that disagrees with the ruling may state their rationale for they disagree. After the ruling, the presentation of such excluded evidence (either by suggestion, direction, or the rewording of a question) before a jury violates the counsel’s duty before a court and its associated professional standards.

Takeaway

Burdick v. York Oil Co. shows that the disregard of a party’s counsel to adhere to a court ruling to exclude evidence will not be tolerated. Once the privilege has been invoked, the claimant should not be required to further justify their request to utilize the privilege before a jury. When errors in the record occur, the judge must enforce his/her rulings.

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Related Questions on Jury Prejudice and Inadmissible Documents

How do you make evidence inadmissible?

There are a number of ways in which evidence can be made inadmissible. This can be done by striking out a witness’s statement, or by the judge’s exclusion of the evidence.

What evidence or evidences are not admissible in court?

Evidence is not admissible in court when it fails to meet one or more of the tests of admissibility.

Why is evidence excluded?

There are two types of evidence that may be excluded from a jury’s consideration. First, evidence may be inadmissible because it is irrelevant to the case. Second, evidence may be inadmissible because it is unfairly prejudicial or inflammatory.

What does admissible in court mean?

Evidence may be admissible in court if it is both relevant and reliable. If it is relevant it must have a tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

What is an impartial jury?

The jury is a group of people who listen to the facts of a case and decide whether a person is liable in a civil case or guilty in a criminal case. The purpose of a jury is to decide whether the defendant is responsible for damages or committed the crime and, if so, what the appropriate remedy or punishment should be. Only evidence that is relevant and admissible can be considered by the jury.

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