What is the test for admitting photographs of a murder victim while they were still alive?

California, United States of America


The following excerpt is from People v. Faith, C053653 (Cal. App. 1/16/2009), C053653 (Cal. App. 2009):

"Courts should be cautious . . . about admitting photographs of murder victims while alive, given the risk that the photograph will merely generate sympathy for the victims. [Citation.] But the possibility that a photograph will generate sympathy does not compel its exclusion if it is otherwise relevant. [Citation.] The decision to admit victim photographs falls within the trial court's discretion, and an appellate court will not disturb its ruling unless the prejudicial effect of the photographs clearly outweighs their probative value." (People v. Harris (2005) 37 Cal.4th 310, 331-332.)

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