What is the test for admitting photographs of deceased victims from the scene of crime?

California, United States of America


The following excerpt is from People v. Bryant, S049596 (Cal. 2014):

Defendants contend the court violated their constitutional rights by admitting various photographs taken where the bodies were found and during the autopsies. The evidence was admissible. " ' "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.]' [Citations.] . . . Autopsy photographs are routinely admitted to establish the nature and placement of the victim's wounds and to clarify the testimony of prosecution witnesses regarding the crime scene and the autopsy, even if other evidence may serve the same purposes. [Citation.]" (People v. Howard (2010) 51 Cal.4th 15, 33.) The court properly ruled the challenged items were relevant.

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