Kansas Motion to Preclude Admission of Gruesome and Highly Prejudicial Color Photographs of Deceased
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How to fill out Motion To Preclude Admission Of Gruesome And Highly Prejudicial Color Photographs Of Deceased?
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FAQ
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 .
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.
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.
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.
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.