0503

Whatever you said, you are right. The trial judge has total discretion in making Rule 403 decisions. You can exclude them all or let them all in.

Personally, I would now let in all the photos except the cocaine one. While the photos are still prejudicial, I do not think they meet the standard of "substantially outweighing" probative value once the issue of the victim's credibility becomes important. As the judge, I expect people to tell the truth, and have little sympathy for those who don't.

So I gave the photos a probative value of 5, and it’s going to take a 9 or 10 on the prejudice scale to substantially outweigh the relevance.

Questions? E-mail tanford@indiana.edu and refer to 0503

Problem 5B.  This is a common criminal trial issue. Are gruesome and bloody crime scene photos admissible? If you were the judge, would you admit the photos?

You cannot rule sensibly until you personally see the photo, so click here . WARNING: This is a genuine gruesome crime scene photo. After viewing it, just hit the back arrow to return to this page.

When you have decided whether to admit or exclude it, click here to continue.