CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Demonstrative Evidence
.........View of Scene by Jury
............Condition of Scene
4 Cards On This Topic:
  • No error in allowing jury to view Sonoma crime scenes; if error in failing to obtain D's personal waiver of his presence during certain portions of crime scene viewings, it was harmless.
  • No abuse of discretion in denying jury visit to crime scene where uncertain how close conditions would be to those under which W made observations 4 yrs. earlier.
  • Discretion to permit scene view should be based in part on any material changes in scene; error in discretion requires abuse.
  • Jury should be made aware of material changes.