Colorado Motion to Preclude Admission of Gruesome and Highly Prejudicial Color Photographs of Deceased
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FAQ
Credible; credibility is not requirement of admissible evidence.
Nevertheless, before a photograph is admitted as evidence, it must first be authenticated; thus, the proper foundation must be established. Contrary to the belief of many practicing attorneys, the photographer does not need to be called as a witness before a photograph may be allowed in evidence.
The most important prerequisite for photographing a crime scene is for it to be in an unaltered condition. Unless there are injured parties involved, objects must not be moved until they have been photographed from all necessary angles.
To authenticate a photograph or recording, the witness must be able to testify that the scene depicted or the sounds reproduced are true and accurate.
Photographic Documentation Forensic photography is essential to document the physical evidence and to handle it in a correct way which later on can be called up in court.
The Basic Rule Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. G.S. 8C-403.
Thus, in deciding whether or not to admit gruesome photographic evidence, judges must determine how probative the evidence is, speculate about the possible unfair prejudicial effects of such evidence, and then determine whether or not the latter 'substantially outweighs' the former.
Photographs will generally meet criteria for admissibility as evidence if they are accurate representations, free of distortion, material and relevant, and unbiased.