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Motion to Preclude Admission of Gruesome and Highly Prejudicial Color...

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

Name: Sacramento California Motion to Preclude Admission of Gruesome and Highly Prejudicial Color Photographs of Deceased
Brand: US Legal Forms
Rating: 4.55 (240 reviews)

Category:

Criminal - Motions

State:

Multi-State

County:

Sacramento

Control #:

US-00793

Format:

Instant download

Description

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.

How to fill out Sacramento California Motion To Preclude Admission Of Gruesome And Highly Prejudicial Color Photographs Of Deceased?

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FAQ

Rules of evidence dictate that photographs must be material, relevant, competent, accurate, free of distortion, and noninflammatory to be admissible in court.

The presence of cameras can create fallacious information that can damage the reputation for the courts and the trust from the public and/or viewers observing the televised proceedings. Many famous trials, such as the O.J. Simpson murder trial, were televised.

Under the pictorial testimony theory, photographic evidence is admissible when a sponsoring witness can testify that it is a fair and accurate representation of the subject matter. It is important to note, this theory is based on the personal observation(s) of the witness.

In order for photo and video evidence to be admissible in court it must meet two basic requirements: relevance and authenticity. In order for evidence to be relevant it must have probative value. In other words, it must either support or undermine the truth of any point at issue in the legal proceedings.

(1) A photograph may be admitted in evidence upon a showing that it is relevant and properly identified and authenticated as a fair and accurate representation of what it purportedly depicts.

The principal requirements to admit a photograph (digital or film-based) into evidence are relevance and authentication.

Another way of authenticating a photograph is by simply asking the following: Does Exhibit 1 truly and accurately represent the person, place, subject, scene, product, image, area as it appeared at relevant time, date? Once the witness answers yes, the photograph has been authenticated and should be admitted

Each photo must be true and accurate, with the ultimate goal of admissibility in the courtroom, should the case go to trial. Admissibility in court for photographic evidence is determined by each photo's relevancy, accuracy, authenticity and originality.

Determining prejudicial effect of the evidence is also at the discretion of the judge. In general, it means; 1) The extent to which information arouses the emotions of the jury such as sympathy, bias, or hostility, thereby interfering with their ability to reach an impartial verdict.

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

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