What is the best argument for the defendant?
1) Your honor, there is no relevance to Sam's prior convictions because he was arrested with a blue bandana, not the black one that he wore on the prior burglaries nor the black one that the real suspect wore in the current burglary.
2) Your honor, we are asking that the court take judicial notice of the fact that Sam was in possession of a blue bandana when he was arrested.
3) Your honor, we acknowledge that there is some probative value to Sam's prior convictions, but the substantial danger of unfair prejudice is too high to overcome. As such, we are asking that this court preclude the government from admitting Sam's prior convictions.
4) Your honor, the probative value of this substantially outweighs the prejudicial effect. As such, we are asking that this court preclude the mention of Sam's prior convictions.

Respuesta :

The best argument for the defendant would likely be:

3) Your honor, we acknowledge that there is some probative value to Sam's prior convictions, but the substantial danger of unfair prejudice is too high to overcome. As such, we are asking that this court preclude the government from admitting Sam's prior convictions.

This argument acknowledges the potential relevance of Sam's prior convictions but argues that admitting them would lead to unfair prejudice against the defendant. By addressing both sides of the issue and advocating for the exclusion of the prior convictions based on the risk of prejudice, this argument presents a balanced and persuasive case for the defendant.