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Question

Case 17.3
Jane is the prosecutor in a death penalty case and is sitting in her office reviewing the evidence. There is fingerprint evidence on the murder weapon (a kitchen knife) matching those of the victim's former girlfriend, Abigail. There is also videotape at the entrance to the apartment complex showing Abigail entering and leaving the apartment building on the night of the murder. The crime scene investigation team also took photographs of the victim to establish where he had been killed, the location of the murder weapon near the body, as well as the nature of the wounds that led to the victim's death. The photographs of the victim show the ferocity of the attack and can establish that Abigail had every intention to kill her former boyfriend.

The defense attorney objects to introduction of any of the photographs since they are quite graphic and he is afraid the jury will be prejudiced against his client for that reason alone.
a. This is not a valid objection to photographic evidence.
b. The prosecutor has a great deal of discretion in determining whether such graphic photos are needed and how many photos may be shown.
c. The defense can prevail only if there are more than 25 pictures.
d. The judge can require the prosecutor to use less offensive photographs if the inflammatory potential is excessive or repetitious.

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