Indiana Motion to Preclude Admission of Gruesome and Highly Prejudicial Color Photographs of Deceased

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This Motion to Preclude Admission of Gruesome and Highly Prejudicial Color Photographs of Deceased is needless injection of prejudicial sympathy for the victim which has often been routinely criticized. This Motion can be used any state.
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FAQ

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.

The same evidence may be too prejudicial in one case but not another. For example, evidence that white defendant was a racist who belonged to a white supremacy group would be excluded in most cases, but admitted if relevant to prove his motive for killing an African-American man.

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.

Relevant evidence may be excluded if its probative value is substantially outweighed by the risk of unfair prejudice, confusion of the issues, misleading the jury, or if it would result in undue delay, waste of time, or a needlessly cumulative presentation of evidence.

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.

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 .

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Indiana Motion to Preclude Admission of Gruesome and Highly Prejudicial Color Photographs of Deceased