What is the current state of the law on admitting photographs of a victim?

California, United States of America


The following excerpt is from People v. GARCIA, 168 Cal.App.4th 261, 85 Cal.Rptr.3d 393 (Cal. App. 2009):

[57] [58] The admission of photographs of a victim lies within the broad discretion of the trial court when a claim is made that they are unduly gruesome or inflammatory. [Citations.] The court's exercise of that discretion will not be disturbed on appeal unless the probative value of the photographs clearly is outweighed by their prejudicial effect. ( People v. Crittenden (1994) 9 Cal.4th 83, 133-134, 36 Cal.Rptr.2d 474, 885 P.2d 887.)

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