CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Demonstrative Evidence
.........Objections to Demonstrative Evidence
............Court's Discretion
6 Cards On This Topic:
  • Court's exercise of discretion.
  • Post-mortem photos of V, not unduly prejudicial nor cumulative, admissible re mental state and physical act elements of crimes/special circs.
  • No abuse of discretion in disallowing autopsy photos of elderly decedent where jury heard extensive expert testimony re medical condition and its appearance.
  • Relevant demonstrative evidence has substantial probative value.
  • Prejudice of demonstrative evidence must substantially outweigh probative value.
  • Discretion requires consideration of less inflammatory demonstrative evidence.