In a murder prosecution, the prosecution offered into evidence numerous photos of the decedent lying in a
Question:
In a murder prosecution, the prosecution offered into evidence numerous photos of the decedent lying in a puddle of her own blood, showing the bruises and marks on her body, and other aspects of the death scene. The defense objected to the photos on the basis that its probative value was outweighed by the danger of unfair prejudice in allowing the jury to see them. Will the trial court admit the photos?
A. No. The blood and gory sights will only serve to inflame the passions of the jury and to confuse the jurors.
B. Yes. Whether they are gory or too gruesome will not change whether they are admissible or not, because the jury has a right to see all evidence of the crime to render a proper and just verdict.
C. Yes. The photos were only background evidence and the judge will give a limiting instruction simply advising the jury of the fact.
D. No. It is crucial to keep out all evidence that may have the potential of causing prejudice to the defendant.
Which one is correct and why? Why are the others incorrect?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts