What is the test for admitting photographs of a murder victim's burned body?

California, United States of America


The following excerpt is from People v. Brooks, 219 Cal.Rptr.3d 331, 3 Cal.5th 1, 396 P.3d 480 (Cal. 2017):

theories that defendant premeditated the murder and committed torture. (See People v. Brents (2012) 53 Cal.4th 599, 617, 136 Cal.Rptr.3d 66, 267 P.3d 1135 [photograph of the victim's burned body lying in the trunk of the car, combined with autopsy evidence indicating she was alive when set on fire, was probative of premeditation and torture].) "[T]he jury is entitled to see details of the [victim's body] to determine if the evidence supports the prosecution's theory of the case." (People v. Gurule (2002) 28 Cal.4th 557, 624, 123 Cal.Rptr.2d 345, 51 P.3d 224.)

We have examined the objected-to photographs and find they are not unduly gruesome. Indeed, any "revulsion they induce is attributable to the acts done, not to the photographs." (People v. Brasure (2008) 42 Cal.4th 1037, 1054, 71 Cal.Rptr.3d 675, 175 P.3d 632.) The court did not abuse its discretion in admitting these photographs.

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