What is the test for granting a jury view of a crime scene?

California, United States of America


The following excerpt is from People v. Keltie, 148 Cal.App.3d 773, 196 Cal.Rptr. 243 (Cal. App. 1983):

The granting or denial of a jury view rests within the sound discretion of the trial court. In exercising that discretion, the court may consider whether the conditions to be viewed by the jury are the same as those which were perceived by witnesses to the crime. (People v. Mooring (1982) 129 Cal.App.3d 453, 181 Cal.Rptr. 71.) If the conditions are different, the motion may properly be denied. (Id.) Further, where the motion is made for the purpose of allowing the jury to assess the accuracy of a disputed identification, the trial court may deny it if there are other means of acquainting the jury with the physical conditions under which the identification was made. (People v. Burciago (1978) 81 Cal.App.3d 151, 157, 146 Cal.Rptr. 236.)

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