What is the test for admitting photographs of child abuse and physical exhibits at trial?

California, United States of America


The following excerpt is from People v. Riel, 22 Cal.4th 1153, 96 Cal.Rptr.2d 1, 998 P.2d 969 (Cal. 2000):

Defendant contends the court abused its discretion in admitting the photographs and physical exhibits. "The admission of photographs ... lies within the broad discretion of the trial court when a claim is made that they are unduly gruesome or inflammatory." (People v. Crittenden (1994) 9 Cal.4th 83, 133, 36 Cal. Rptr.2d 474, 885 P.2d 887.) Here, the trial court did not abuse but carefully exercised its discretion. Moreover, the record clearly shows that it weighed the probative value of the evidence against any prejudicial effect throughout the trial. (Id. at pp. 135-136, 36 Cal.Rptr.2d 474, 885 P.2d 887.)

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