0506

Now go back and look at the photo.

The correct answer to question 1 is (a). The body is of an adult female.
The correct answer to question 2 is also (a). The body is wearing only underwear.
The correct answer to question 3 is (c) -- a second body, and (d) a rope attached to the victim’s hands.

I have shown this photo for several years -- it is of Sharon Tate, murdered by Charles Manson and his cult followers. Fewer than 10% of students got question 3 correct, despite the fact that Problem 5B clearly says there were two murder victims. This is the essence of what we mean by prejudicial evidence. It distorts the facts and distracts the jury away from the corpus delicti -- the essence of the crime -- by overemphasizing the prejudicial part and making us completely miss seeing something important lying right next to it.

For comparison, look at this photo which also shows a murder victim. Any prejudicial effect? No.

Note that prejudicial effect is balanced only against the probative value of a particular item of evidence being offered.  It does not matter if there are less prejudicial ways to prove the same thing. A prosecutor is an advocate and is allowed -- some would even say required -- to prove his or her case in an emotionally gripping way.

Questions? E-mail tanford@indiana.edu and refer to 0506.

Problem 5B, part one. If you were the judge, would you allow the victim to show the jury his amputation?

Sorry to gross anyone out, but here's what the jury would see. Photo.

When you have decided, click here to continue.