During a trial a women you are respresentmurdered her baby, why would you object to having pictures and videos shown in court

Asked over 1 year ago - Oil City, PA

I am doing online classes in Criminal evidence and this is one question I am confused on

Attorney answers (5)

  1. Thomas Kenny

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . It would inflame the jury and it is highly prejudicial.

    Specific legal advice can only be given with full knowledge of all of the facts and circumstances of your... more
  2. Robert C. Keller

    Contributor Level 20

    6

    Lawyers agree

    Answered . It would be an emotionally charged trial, so it would be important to limit the impact that photos and a video might have. Facts are important not inflaming the emotions of the jury.

  3. L. Maxwell Taylor

    Contributor Level 20

    7

    Lawyers agree

    Answered . When the probative value of evidence is outweighed by the danger of unfair prejudice, the judge may exclude the evidence.

  4. William A. Jones Jr.

    Pro

    Contributor Level 20

    4

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    Answered . Seems pretty obvious to me; if it's not to you a little thought might bring some understanding.

  5. Stewart C Crawford Jr.

    Contributor Level 16

    3

    Lawyers agree

    Answered . Hopefully this won’t be plagiarism on your part, if so retain at attorney who specializes in education issues. The images of the dead baby can sway the jury into an emotional reaction rather that a decision after deliberation of the evidence. For example, the totality of the evidence might lean toward reasonable doubt (i.e. not guilty) but the heinousness of the offense against a child might cause the jury to consciously or subconsciously overlook that reasonable doubt to find some kind of justice for the child.

    As a tactical matter, it is always good to try to keep the district attorney (i..e the prosecution) from introducing any evidence. The idea is to whittle down the amount of information they are permitted to rely upon. With photographs and video you want to question how that evidence was collected, how it was stored, whether it was enhanced or altered in any manner.

    Stew Crawford, Jr., Esq.

    Crawford Law Firm
    A Full Service Law Firm Serving Pennsylvania & New Jersey

    Philadelphia Area Office
    223 North Monroe Street
    Media, Pennsylvania 19063
    877-992-6311
    www.crawfordlaw.org

    E-Mail: crime@subrolaw.us

    All information provided in this comment is intended for informational purposes only and does not, by itself,... more
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