What is the test for admissible photographs of crime scene photographs?

California, United States of America


The following excerpt is from People v. Bouchereau, H044551 (Cal. App. 2018):

"The admissibility of victim and crime scene photographs and videotapes is governed by the same rules of evidence used to determine the admissibility of evidence generally: Only relevant evidence is admissible. [Citations.] The trial court has broad discretion in deciding the relevancy of such evidence. [Citations.]" (People v. Lewis (2001) 25 Cal.4th 610, 641.) "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. [Citations.]" (People v. Crittenden (1994) 9 Cal.4th 83, 134 (Crittenden); see also Evid. Code, 352.)

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