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In that study, a direct effect on jurors' verdicts was found. Jurors who viewed gruesome photographic evidence were twice as likely to convict the defendant as jurors who did not view the gruesome photographic evidence.
A way to reduce the potential for unfair prejudice that homicide photographs might produce is to limit the number aloud to be presented in a case . The angle of the shot for the picture can be another factor .
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.
Inadmissible evidence is evidence that lawyers can't present to a jury. Forms of evidence judges consider inadmissible include hearsay, prejudicial, improperly obtained or irrelevant items. For example, investigators use polygraph tests to determine whether a person is lying about the events of a case.
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.
4-8. Section 4-8 - Offers To Compromise (a)General rule. Evidence of an offer to compromise or settle a disputed claim is inadmissible on the issues of liability and the amount of the claim.
Gruesome crime scene and autopsy photographs are admissible evidence under the Federal Rules of Evidence (FRE) if their probative value substantially outweighs their prejudicial impact.
Hearsay evidence generally is inadmissible unless it falls within an exception or exclusion set out in the Federal Rules, a federal statute, or a Supreme Court rule.