In a murder case, what is the probative value of an autopsy photograph and its prejudicial effect?

California, United States of America


The following excerpt is from People v. Samuels, 113 P.3d 1125, 30 Cal.Rptr.3d 105, 36 Cal.4th 96 (Cal. 2005):

Nor was the probative value of the autopsy photographs clearly outweighed by their prejudicial effect. "We 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.]" (People v. Crittenden, supra, 9 Cal.4th at p. 134, 36 Cal.Rptr.2d 474, 885 P.2d 887.)

Other Questions


What are the findings of the Court of Appeal at the Superior Court of Justice on Beach's appeal against a finding that an autopsy photograph of the victim was unduly prejudicial and lacked probative value? (California, United States of America)
In a capital murder case, in what circumstances will the California Supreme Court order that a juror should not submit a questionnaire for the purpose of selecting a jury in capital murder cases? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
How do we balance the probative value of evidence against prejudicial effect on the defense? (California, United States of America)
What is the effect of giving an instruction in a criminal case of felony murder on felony murder? (California, United States of America)
Does a court have to balance the probative value of evidence against its potential prejudicial effect? (California, United States of America)
What is the case law on the admissibility of photographs of crime scene photographs of a murder victim? (California, United States of America)
Is there any case law where the trial court allowed the use of photographs of a murder victim as evidence in the penalty phase of a death penalty? (California, United States of America)
What is the current state of the law on discretion of a trial court in assessing the probative value of evidence in a sexual assault case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.