§ 27.01 Introduction

• Jurisdiction: United States

§ 27.01 Introduction

Photographic evidence raises different issues depending on how it is used.¹ Sometimes photographs play a pivotal role at trial; at other times they are used merely as background evidence.² The use of digital photographs and videotapes is now quite common. Computer animations and simulations are but the latest technological development being adapted to courtroom use.

Speaker identification presents other issues. However, because such evidence often involves sound recordings (which require a foundation similar to videotapes), these topics are included in this chapter.

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Notes:

^[1] E.g., Keita v. State, 684 S.E.2d 233, 236 (Ga. 2009) (Funeral pamphlets in murder prosecution; "Photographs of a deceased victim are admissible to prove the victim's identity. . . . [W]hile it would have been preferable for the trial court to have admitted the photograph of the victim alone, without extraneous material that was unnecessary to aid in identifying him, we cannot say that the trial court abused its discretion in admitting the document."); Evansville School Corp. v. Price, 208 N.E.2d 689, 691-92 (Ind. Ct. App. 1965) (Color photograph of deceased youth in wrongful death action; "Appellee asserts that the photograph accurately depicted the decedent's appearance before his death as well as after his death. It is difficult for us to see how Exhibit No. 5...