Is a videotape of the crime scene of a murder scene allowed to be shown in evidence?

California, United States of America


The following excerpt is from People v. Harvey, F052742 (Cal. App. 10/3/2008), F052742 (Cal. App. 2008):

In People v. McDermott (2002) 28 Cal.4th 946 a videotape of the crime scene of a murder was made by police officers shortly after they arrived at the scene of the murder. The defendant objected to the admission of the tape pursuant to Evidence Code section 352, claiming it was more prejudicial than probative. The tape was shortened, but was admitted into evidence. The tape showed views of the house where the murder took place and showed the victim's mutilated groin where his penis had been cut off. Very little blood could be seen on the tape. The court held that, "[a]lthough unpleasant, the image is not shocking. The trial court did not abuse its discretion in admitting the videotape. [Citation.]" (Id. at p. 998.)

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