What is the test for admitting photographs of victims of sexual abuse?

California, United States of America


The following excerpt is from People v. Mason, 277 Cal.Rptr. 166, 52 Cal.3d 909, 802 P.2d 950 (Cal. 1991):

"Admission of photographs of the victims is within the sound discretion of the trial court, and that discretion will not be disturbed unless it is manifest that the probative value of the evidence is outweighed by its prejudicial effect." (People v. Bean, supra, 46 Cal.3d at p. 943, 251 Cal.Rptr. 467, 760 P.2d 996.) In this case, as in People v. Bean, supra, the trial court individually considered each of the [52 Cal.3d 945] many photographs offered by the prosecution and exercised its discretion to admit only a fraction.

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