Abstract
In a line of cases, the Utah Supreme Court created a presumption of inadmissibility for gruesome photographs under Rule 403. This presumption is inconsistent with the plain language of Rule 403 and undermines the basic purposes of evidentiary rules: accurate fact-finding and promotion of fairness. The inadmissibility presumption hinders accurate fact-finding by too stringently excluding relevant evidence. The presumption also impedes the promotion of fairness by limiting a prosecutor's ability to introduce photographic evidence in egregious cases. Finally, the court's interpretation makes a biased rule out of a facially neutral rule. To correct these consequences, the Utah Supreme Court should follow the balancing approach to gruesome photographs required by Rule 403's plain language.
DOI
https://doi.org/10.63140/bmlo23a849
Recommended Citation
Thomas, Amy S.
(1996)
"Utah Rule of Evidence 403 and
Gruesome Photographs: Is a
Picture Worth Anything
in Utah?,"
Utah Law Review: Vol. 1996:
No.
3, Article 8.
DOI: https://doi.org/10.63140/bmlo23a849
Available at:
https://dc.law.utah.edu/ulr/vol1996/iss3/8