What is the test for admitting photographs of a victim as evidence in a murder case?

California, United States of America


The following excerpt is from People v. Smithey, 20 Cal.4th 936, 86 Cal.Rptr.2d 243, 978 P.2d 1171 (Cal. 1999):

" '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. [Citations.]' [Citation.]" (People v. Scheid, supra, 16 Cal.4th at p. 18, 65 Cal.Rptr.2d 348, 939 P.2d 748.) " '[W]e have described the "prejudice" referred to in Evidence Code section 352 as characterizing evidence that uniquely tends to evoke an emotional bias against a party as an individual, while having only slight probative value with regard to the issues. [Citation.] As we previously have observed, victim photographs and other graphic items of evidence in murder cases always are disturbing. [Citation.]' [Citations.]" (Id. at p. 19, 65 Cal.Rptr.2d 348, 939 P.2d 748.)

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