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Whether there is any prejudice is determined as of the time the jury deliberates. An initial emotional reaction may be tempered after jurors calm down. The kind of evidence we want to exclude is the kind that has a lingering effect on jurors -- they become so upset, distracted, confused or biased that they do not comprehend the evidence correctly when they deliberate.

That’s why it is important that you have followed my instructions to wait at least a few minutes before you continue. I want you to be a juror in the jury room some time after the crime scene photo was introduced. Did it upset, distract or confuse you to the point where you did not comprehend the evidence?

Take the following test.

Q1: Was the blood-stained body:

    a. An adult female

    b. An adult male

    c. A child

    d. I didn’t notice or don’t remember.

Q2: What was the dead person wearing?

    a. Only underwear

    b. Casual clothes (slacks and T-shirt).

    c. Business clothes (dark suit, white shirt)

    d. A clown costume

    e. I didn’t notice or don’t remember.

Q3: What else important was in the photo? You may circle more than one answer

    a. The murder weapon (shotgun)

    b. An overturned sofa

    c. A second dead body

    d. The words "Death to Pigs" painted on the wall.

    e. A rope tied to the victim’s hands.

    f. None of the above.

    g. I didn’t notice or don’t remember.

When you have answered the questions, click here to continue.