“Assume that the prosecution in the murder trial of a mother offered as evidence postmortem photographs of the young child, who died from child abuse, as well as video showing the child's mother participating in sadomasochistic sexual acts. The defense counsel objects to the introduction of both the photographs and the video. How would the defense argue to exclude such evidence? What is your opinion about the admissibility of such evidence in this case?”
The defense would argue to exclude the photographs of the child based on the fact that they are gruesome, the question when considering the admissibility of evidence is whether or not the evidence is relevant. If it is the court must determine if the evidence belongs to one of the categories of evidence that people presume to be inherently prejudicial, like gruesome photographs, because it has a risk of unfair prejudice.
The first thing to consider is if the photograph is color or black and white, color photos are usually more upsetting because people can see more vivid images, like blood, bruises and cuts. The second is if the photograph has been enlarged or is close up, they also tend to show more vivid details or appear distorted. Third is when the photo was taken, like at the crime scene. Sometimes it is also decided to only show wounds in a photograph but not the face of the victim as it can be very upsetting when it is a child.
The same goes for the video tape, it has to be determined if it is relevant and non-prejudicial. I can be argued that the video did not contain the child therefore should not be admitted since the trial was based on child abuse.
I believe all the evidence should be admitted; I think it would all be relevant in showing the abuse of the child and the character of the abuser(s). If the video tape of the sexual acts is too upsetting to play in a courtroom during a trial then it would be