Section 10.24 Use of Photographs at Trial; Mug Shots

• Library: Criminal Practice 2012 Supp

7. (§10.24) Use of Photographs at Trial; Mug Shots

The photographs previously identified by the victim/witness may have come from an old police file or may have been current photographs taken after the suspect’s arrest. The best procedure to ensure that the jury is not prejudiced by these mug photographs is to delete all references on the photograph to dates, etc., by covering up these references before the exhibit is received and passed to the jury. See State v. Crossman, 464 S.W.2d 36 (Mo. 1971).

Missouri courts require that all incriminating evidence be masked before allowing its admission into evidence. A police photograph is admissible evidence when neither the photograph nor the accompanying testimony discloses a defendant’s prior arrests or convictions. State v. Tivis, 933 S.W.2d 843, 846 (Mo. App. W.D. 1996). Missouri caselaw has been careful to mask inculpatory information. See State v. McCauley, 831 S.W.2d 741, 742 (Mo. App. E.D. 1992).

Missouri courts have also determined that testimony accompanying the...