# Legal Question: How does a Jury "Disregard" Obvious Evidence

**URL:** <https://boards.straightdope.com/t/legal-question-how-does-a-jury-disregard-obvious-evidence/401483>\
**Category:** Factual Questions\
**Created:** [April 24, 2007, 5:45pm UTC](https://boards.straightdope.com/t/legal-question-how-does-a-jury-disregard-obvious-evidence/401483 "2007-04-24T17:45:27Z")\
**Posts on this page:** 3\
**Page:** 3

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [April 25, 2007, 11:35pm UTC](https://boards.straightdope.com/t/legal-question-how-does-a-jury-disregard-obvious-evidence/401483/41 "2007-04-25T23:35:02Z")

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[QUOTE=Frylock]  
In other words, I was looking for cases analogous to the ones in which evidence was excluded which would lead a reasonable jury to convict, where the exclusion was legally correct.  
[/QUOTE]

You’re looking for an exclusionary rule that applies against the defendant.

There are a few rules (privelege and some public policy-based rules–I’ve got an idea about a case in which I was involved) like that and also some events (like failure to give notice of an affirmative defense) that could qualify. I’ll poke around and see what I can find after I finish doing homework with my daughter.

> [@](#):
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> I couldn’t look at the last one without a login.

Weird. They must have changed something over there. I almost never have to give a login for that site, even on a borrowed computer.

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [April 26, 2007, 12:51am UTC](https://boards.straightdope.com/t/legal-question-how-does-a-jury-disregard-obvious-evidence/401483/42 "2007-04-26T00:51:17Z")

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[QUOTE=Frylock]  
In other words, I was looking for cases analogous to the ones in which evidence was excluded which would lead a reasonable jury to convict, where the exclusion was legally correct.

-FrL-  
[/QUOTE]

Here is one: [http://laws.lp.findlaw.com/getcase/10th/case/992262.html](http://laws.lp.findlaw.com/getcase/10th/case/992262.html) (Affirming exclusion of surprise alibi testimony) _cert. denied._ 531 U.S. 1089 (2001)

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [April 26, 2007, 1:25am UTC](https://boards.straightdope.com/t/legal-question-how-does-a-jury-disregard-obvious-evidence/401483/43 "2007-04-26T01:25:48Z")

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There’s also testimony precluded because a witness invokes the privilege against self-incrimination. See generally, [http://findarticles.com/p/articles/mi\_qa3805/is\_199806/ai\_n8785735/pg\_19](http://findarticles.com/p/articles/mi_qa3805/is_199806/ai_n8785735/pg_19) (and the accompanying text, [http://findarticles.com/p/articles/mi\_qa3805/is\_199806/ai\_n8785735/pg\_2](http://findarticles.com/p/articles/mi_qa3805/is_199806/ai_n8785735/pg_2))

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