In what circumstances will a videotape be excluded from evidence at a criminal trial?

California, United States of America


The following excerpt is from People v. Jones, 11 Cal. Daily Op. Serv. 1438, 121 Cal.Rptr.3d 1, 2011 Daily Journal D.A.R. 1709, 247 P.3d 82, 51 Cal.4th 346 (Cal. 2011):

In People v. Gonzalez (2006) 38 Cal.4th 932, 44 Cal.Rptr.3d 237, 135 P.3d 649, we upheld the exclusion of a videotape offered to show the lighting conditions at the time of the crime. We explained that [t]o be admissible in evidence, an audio or video recording must be authenticated. [Citations.] A video recording is authenticated by testimony or other evidence that it accurately depicts what it purports to show. [Citation.] ( People v. Mayfield (1997) 14 Cal.4th 668, 747 [60 Cal.Rptr.2d 1, 928 P.2d 485].) In ruling upon the admissibility of a videotape, a trial court must determine whether: (1) the videotape is a reasonable representation of that which it is alleged to portray; and (2) the use of the videotape would assist the jurors in their determination of the facts of the case or serve to mislead them. [121 Cal.Rptr.3d 29] ( People v. Rodrigues [ (1994) 8 Cal.4th 1060,] 1114 [36 Cal.Rptr.2d 235, 885 P.2d 1].) ( People v. Gonzalez, at p. 952, 44 Cal.Rptr.3d 237, 135 P.3d 649.)

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