What Exactly is Spark of Life Evidence in Minnesota?
Spark of Life Evidence
Today in the Chauvin trial during pretrial motions, Judge Cahill asked about "Spark of Life" evidence. In Minnesota, this is where the prosecution presents evidence, usually as their last witness, to humanize their "victim." It is unique to Minnesota courtrooms and criminal trials.
Spark of Life arose out of a 1985 criminal case involving a man who allegedly killed a cop. At the Minnesota Supreme Court, the Defense argued that it was prejudicial to the jury to allow the Prosecutor to give a speech about the officer’s childhood, his family, and his marriage. In fact, the Prosecutor during the speech at trial became so emotional that they had to call for a recess. The Supreme Court decided that it was fine but added that you couldn’t do it in an “attempt to invoke any undue sympathy or inflame the jury’s passions.” Of course, that is exactly what the Prosecutor is trying to do.
Generally, I'd argue it is designed to drive and motivate the jury to have a personal connection to that person, inflame their passions and then drive them to convict. Some might call this cynical but it is what I have seen in my own murder trials. It strays very close to character evidence which potentially opens the door for the defense to go after that issue but it is difficult to speak ill of the dead so that can be rough too. However, it is critical to remember that frequently, the Defense can’t talk about past convictions, drug use, or bad behavior of the complaining witness/victim. If the Prosecution opens the door with character evidence, and this is very close, then the Defense can then come back at the witness with . . . Did you know? Did you know? Did you know? This is also the last witness of the Prosecution so it can have quite an impact.
In the end, the reason for the fight is to limit the parameters of the testimony.
Jack Rice is a former prosecutor, a Board Certified Criminal Law Specialist and a nationally known criminal defense attorney. If you are seeking representation in Minnesota, contact Jack Rice Defense for a free consultation.