Crime Scene Photographs :: Tennessee Criminal Lawyer Blog

If you watch any legal drama or real-life murder trial, the chances are pretty high that you will see the prosecution attempt to get photographs of the crime scene introduced into evidence and displayed to the jury at trial. Very often, these photographs will depict the victim covered in blood, riddled with gunshots, or in some other manner that proves extremely prejudicial to the defendant. A good criminal defense attorney will undoubtedly object when these photographs are admitted to preserve the issue of the photographs for appeal (if the attorney does not object the defendant is likely out of luck and has lost the opportunity to challenge the admission of the photographs) but whether or not they actually get in will be based on a judge's evidentiary ruling.

There are two primary ways that crime scene photographs are challenged at criminal trials. The first is a pre-trial motion, known as a motion in limine, that details why the photographs should be excluded from trial and asks the judge to rule them inadmissible. Often, such a motion will attempt to show the court that the photographs have very little relevance (as far as proving a fact that other evidence will not) as compared to the high degree of prejudice to which they could potentially subject the defendant. This "balancing test" is the most common argument used by defense attorneys who are attempting to keep out prejudicial evidence, photographs included.

The second way to challenge photographs is to wait until they are offered at trial and basically make the same objection that was discussed above. Waiting until trial has several drawbacks, the first of which is the fact that the jury may be exposed to the evidence before you have an opportunity to object to it. Another drawback is that when you object at trial, you often leave the jury with the impression you are trying to hide something. When dealing with evidence such as prejudicial photographs, it does not usually pay to wait until the moment of truth to try to keep them out.

This type of evidence provides a good example of how the trial process actually starts way before the trial begins. Contact an experienced East Tennessee criminal defense lawyer today to begin working on your case immediately.