State v. Irving, 818 A.2d 204, 2003 ME 31 (Me. 2003)
An illustrative aid is a depiction or object which illustrates testimony or argument. M.R. Evid. 616(a). It does not go into the jury room unless counsel agree or by order of the court for good cause. Id. 616(d). While it does not have to meet the requirements of admissibility, id. 616(a), it has to be related to the testimony or argument which it illuminates. When used to illustrate argument, the aid must not be used for an improper purpose just as an opening statement or closing argument cannot contain improper references. In State v. Pineau, 463 A.2d 779 (Me.1983), we affirmed an American Bar Association standard which provides: The prosecutor should refrain from argument which would divert the jury from its duty to decide the case on the evidence, by injecting issues broader that the guilt or innocence of the accused under the controlling law .... Id. at 781 (quoting from AMERICAN BAR ASSOCIATION PROJECT ON STANDARDS FOR CRIMINAL JUSTICE, STANDARDS RELATING TO THE PROSECUTION FUNCTION§ 5.8(d) (1971)). An illustrative aid used during argument that diverts a jury from the evidence or injects a risk of unfair prejudice would be improper.
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An illustrative aid is a depiction or object which illustrates testimony or argument. M.R. Evid. 616(a). It does not go into the jury room unless counsel agree or by order of the court for good cause. Id. 616(d). While it does not have to meet the ...
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T.H. Leland v. D.R. Leonard, 112 A. 198, 95 Vt. 36 (Vt. 1921)
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