Photos are admissible when relevant (Rule 401); however, they may be excluded when their probative value is substantially outweighed by their tendency to mislead, confuse, or prejudice the jury (Miss. 2008) Chamberlin v. State Facts: Officers found a dismembered body in At trial, defendants’ freezer. the prosecution offered pictures to the jury. Rule: The question as to each photo is whether it: Had probative value and Aided in describing the circumstances of the killing, the location of the body, or the cause of death OR Supplements or clarifies witness testimony Because each photo satisfied this rule, the only way to exclude them from evidence would be through Rule 403 - that the probative value of the pictures was substantially outweighed by the danger of unfair prejudice Holding: With Rule 403 and the record, the court found that the trial court did not abuse its discretion in allowing the photos to be admitted into evidence (Miss. 2009) Williams v. State Facts: While robbing a store, Williams shot and killed a customer. The trial court admitted two autopsy photos of the victim. Williams was convicted of murder. Holding: The photos supplemented the testimony and pathologist’s therefore have evidentiary value. The photographs were probative as to the manner of death and the proximity of the weapon to the victim. They assisted the jury in understanding the testimony, as well as pathologist’s confirming the information that was being provided by him. § 6 - Character and Habit (1/31) General Considerations character means a tendency, disposition, or propensity to A person’s person’s engage in or not to engage in certain types of behavior A is divided in person’s character multiple “traits” Peacefulness; violence; cautiousness; recklessness; sobriety; untruthfulness; kindness; sadism; etc. Character evidence may be properly proved in three situations: When a particular trait of character is an element of the crime charged in a civil case, when a character trait is an or, element of the claim or defense
Photos are admissible when relevant (Rule 401); however, they may be excluded when their probative value is substantially outweighed by their tendency to mislead, confuse, or prejudice the jury Chamberlin v. State (Miss. 2008) Facts: Officers found a dismembered body in defendants’ freezer. At trial, the prosecution offered pictures to the jury. Rule: The question as to each photo is whether it: Had probative value and Aided in describing the circumstances of the killing, the location of the body, or the cause of death OR Supplements or clarifies witness testimony Because each photo satisfied this rule, the only way to exclude them from evidence would be through Rule 403 - that the probative value of the pictures was substantially outweighed by the danger of unfair prejudice Holding: With Rule 403 and the record, the court found that the trial court did not abuse its discretion in allowing the photos to be admitted into evidence Williams v. State (Miss. 2009) Facts: While robbing a store, Williams shot and killed a customer. The trial court admitted two autopsy photos of the victim. Williams was convicted of murder. Holding: The photos supplemented the pathologist’s testimony and therefore have evidentiary value. The photographs were probative as to the manner of death and the proximity of the weapon to the victim. They assisted the jury in understanding the pathologist’s testimony, as well as confirming the information that was being provided by him. § 6 - Character and Habit (1/31) General Considerations A person’s character means a person’s tendency, disposition, or propensity to engage in or not to engage in certain types of behavior A person’s character is divided in multiple “traits” Peacefulness; violence; cautiousness; recklessness; sobriety; untruthfulness; kindness; sadism; etc. Character evidence may be properly proved in three situations: When a particular trait of character is an element of the crime charged or, in a civil case, when a character trait is an element of the claim or defense